The Investigative Process
When a charge is filed against an employer or other entity (referred to as the Respondent), MCCR will notify the Respondent within 10 days. The notification will provide instructions for the Respondent to submit a position statement responding to the allegations and raising factual or legal defenses to the charge.
A charge does not constitute a finding that you engaged in discrimination. MCCR has authority to investigate whether there is reasonable cause to believe discrimination occurred.
In many cases, the Respondent may choose to resolve a charge through mediation or settlement. At the start of an investigation, MCCR will advise both the Respondent and the Charging Party if the charge is eligible for mediation, but feel free to ask the investigator about the settlement option. Mediation and settlement are voluntary resolutions.
Requests for information
During the investigation, the Respondent and the Charging Party will be asked to provide information. The MCCR investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place. The Respondent may be asked to:
- Submit a statement of position. This is an opportunity for Respondent to tell its side of the story and raise any factual or legal defenses to the charge. MCCR encourages you to raise in your position statement any factual or legal defenses that you believe are applicable. MCCR carefully considers any asserted defenses, including those based on religion or bona fide private membership club, or other defenses at any time during the MCCR's administrative process.
- Respond to a Request for Information (RFI). The RFI may ask the Respondent to submit personnel policies, Charging Party's personnel files, the personnel files of other individuals and other relevant information.
- Permit an on-site visit. Such visits greatly expedite the fact-finding process and may help achieve quicker resolutions. In some cases, an on-site visit may be an alternative to an RFI if requested documents are made available for viewing or photocopying at the time of the on-site visit.
- Provide contact information for or have employees available for witness interviews. A representative of the Respondent usually may be present during interviews with management personnel, but the MCCR investigator is allowed to conduct interviews of non-management level employees without the presence or permission of the employer.
Respondent's role
There are many charges where it is unclear whether discrimination may have occurred, and an investigation is necessary. Respondents are encouraged to present any facts that they believe show the allegations are incorrect or do not amount to a violation of the law (for example, because the Respondent asserts a defense based on religion, or bona fide private membership club, or other defenses). A Respondent's input and cooperation will assist MCCR in promptly and thoroughly investigating a charge. A Respondent should:
- Work with the investigator to identify the most efficient and least burdensome way to gather relevant evidence.
- Submit a prompt response to MCCR and provide the information requested, even if it is believed the charge does not have merit.
- Provide complete and accurate information in response to requests from your investigator.
Our experience shows that undue delay in responding to requests for information extends the time it takes to complete an investigation. If there are extenuating circumstances preventing a timely response from you, contact your investigator to work out a new due date for the information.
- MCCR is entitled to all information relevant to the allegations contained in the charge and has the authority to subpoena such information. If you have concerns regarding the scope of the information requested—for example, if you believe that MCCR should consider a defense you have asserted before investigating the merits of the charge—advise the MCCR investigator. In some instances, the information request may be modified.
- Keep relevant documents. If you are unsure whether a document is needed, ask your investigator. By law, employers are required to keep certain documents for a set period of time.
Amending charges with new events
Amending complaints with new events
If new events take place after you file your charge that you believe are discriminatory, we can add these new events to your charge and investigate them. This is called "amending" a charge. In some cases, we may decide it is better for you to file a new charge of discrimination. If new events are added to your charge or a new charge is filed, we will send the new or amended charge to the employer and investigate the new events along with the rest. Keep in mind that the strict deadlines for filing a charge also apply when you want to amend a charge. The fact that you filed an earlier charge may not extend the deadline. For this reason, you should contact your investigator immediately if you think other discriminatory events have taken place.
MCCR's responsibilities
MCCR will:
- Be available to answer questions about the investigation
- Respond to inquiries about the status of the investigation, including the rights and responsibilities of the parties
- Allow the Respondent to respond to the allegations
- Conduct a timely investigation
- Consider all defenses raised
- inform the Respondent of the outcome of the investigation
Case processing FAQs
Case Processing FAQs
The other side, called the Respondent(s) is given a copy of the complaint and instructions about the process. This also provides them with an opportunity to conduct their own investigation and respond to the allegations. Upon completion of their investigation, they send a position statement specifically addressing the Complainant's allegations and providing evidence to substantiate their response to the allegations. At that time, the investigator will question the Complainant about the Respondent's answer to the complaint. The investigator will collect evidence and/or interview witnesses with direct and actual knowledge of the events that prompted the complaint, and the investigator will attempt to settle the case if the parties are willing to do so.
It's difficult to predict how long an investigation will take. There are so many variables that are out of our control. Sometimes obtaining evidence (documents and/or witnesses) can be a lengthy process. Other times, it can happen very quickly. We cannot predict, with any reasonable degree of certainty, how long an investigation will take. Additionally, we would rather not be held to a timeline that we cannot keep.
If you have evidence to support or substantiate the allegations made in the complaint, by all means, provide that evidence to your investigator as soon as possible. You want to put your best evidence forward because the time to provide evidence is during the investigation, not after a determination has been made. When it comes to witnesses, we do not need character witnesses. Your investigator wants to hear from people with direct and actual knowledge of the events alleged in the complaint.
Our agency engages in an administrative process that is designed to be user-friendly. Although an attorney is not required to complete the process, that is your decision to make. We cannot advise you either way. If you choose to retain counsel, please be advised that all future communications will be with your counsel who will be responsible for passing that information to you.
The core values of this agency lay on the principles of respect, integrity, and effective communication. Our core values guide the decision-making, actions and behaviors of everything we do. To that end, if you have concerns with your assigned Investigator you should raise those concerns to the assigned Investigator to give them the opportunity to address your concerns. Should your concerns be unresolved you should contact the Investigator Supervisor to resolve the problems you are having. If you have done that, and your concerns are still present, you may submit a written request by email (https://mccr.maryland.gov) to the Deputy Director for their consideration. In your request, please include the following:
- Case name
- Case number
- The reason for the request
- The steps you have already taken to resolve the problem
If you are alleging that you were discriminated against based on a disability, the Health Insurance Portability and Accountability Act (HIPAA) form is required for the investigator to verify your disability. It is a legal requirement to verify your disability if your complaint alleges that as the basis of the discrimination you experienced.
It depends on how the case is resolved. If you fail to cooperate in the investigation, fail to maintain current contact information with the agency, change your mind and withdraw your complaint, or we don't have jurisdiction, the case may be administratively closed, and you will receive a letter. If there is a settlement, also known as a Pre-Determination Settlement agreement, you will be an integral part of that process and will know the outcome in real time. If a Written Finding (WF) is issued, the investigator will attempt to contact you for an exit interview and to notify you that the WF is being mailed to you.
Very few cases that start with this administrative process end up in court. Some, not all, of our cases conduct an in-house Fact-Finding Conference (FFC) which is often compared to a hearing. It is not a hearing. The FFC is an opportunity for all parties to meet and discuss the allegations and provide information to the investigator to enable them to make informed decisions. This process is not guaranteed in all cases. Your investigator will let you know if your case is best suited to an FFC.
To resolve your case, the investigator will attempt settlement negotiations. They will ask what remedy you are seeking. The investigator can guide you based on experience, but no one is able to predict what type of settlement, if any, will result. Two seemingly similar cases can have vastly different outcomes, based solely on the willingness of the parties to resolve it.
Complainants should be prepared to provide a list of their quantifiable damages (damages you can prove e.g., in a wrongful eviction case this would include application fees for new housing, truck rental to move furniture to storage, storage of furniture while looking for a new place etc.; basically, things you can show receipts for) and intangible damages (damages that are difficult to put a dollar figure on, i.e., embarrassment, hurt, anxiety etc.).
Your investigator will help you determine what a reasonable proposal looks like. Generally, Respondents are more receptive if the desired remedy is based on quantifiable damages rather than just picking a number at random. Occasionally, an unreasonable proposal will frustrate the process and turn a Respondent willing to negotiate a remedy into an unwilling Respondent.
The Maryland Commission on Civil Rights (MCCR) is accountable for addressing allegations of discrimination in employment, housing, and public accommodations. They review complaints from individuals who feel that they have been discriminated against and may also start an investigation based on trustworthy information indicating discriminatory practices.