What can I expect when I file a complaint with the UALD?
Step One: The Initial Intake Interview
Contact the UALD by phone or in person at our office to obtain the intake questionnaire. You can also download an Intake Questionnaire by clicking here.
Fill out the forms. Be as specific as you can in responding to the questions in the Intake Questionnaire.
Provide copies of any relevant documentation (keep your originals) that you believe supports your claim. -Examples of information relevant to your claim are:
- Termination notices
- Letters of discipline
- Documents supporting your request for a reasonable accommodation for a disability
- Medical records documenting your disability or limitations may all be relevant to your charge
- Witnesses. Names of witnesses, address/phone numbers, and a brief description of the information they may be able to provide are also of assistance.
If you would like an appointment with an intake officer or need assistance in filling out the forms, contact the office at (801) 530-6801 or toll-free at (800) 222-1238 to arrange an appointment with an Intake Specialist.
Your Intake Questionnaire will be reviewed by an Intake Specialist to make sure that your compliant meets the requirements for filing with our office. It is important that your Intake Questionnaire is filled out as completely as possible.
The Intake Specialist may contact you for further information.
Step Two: Filing the Charge
If your Intake Questionnaire meets our filing requirements, the Intake Specialist will create a formal Charge of Discrimination for your review. Please review the Charge of Discrimination carefully to confirm that it is correct. This may be done in-person at our offices or by mail.
The Charge of Discrimination must be signed by you before a Notary. Notaries can be found in a bank or a library. The Division provides notary services free of charge, but you must be physically present with proof of your identity such as a driver's license or state-issued identification card.
Step Three: The Division receives your signed Charge of Discrimination
The Charge of Discrimination will be assigned a case number and will be forwarded to Equal Employment Opportunity Commission (or "EEOC") for dual filing under applicable federal laws. Please note that you cannot file the same claim with both the Division and the EEOC.
Within 10 days or less, both you and the employer (or "Respondent") will receive a copy of the complaint by mail. The employer will also be requested to provide a response to your Charge of Discrimination. The Notice will also include a date for a Resolutions Conference.
Step Four: The Resolutions Conference
The Resolutions Conference is a voluntary opportunity to mediate your Charge of Discrimination.
The Resolutions Conference is informal and voluntary.
The purpose of the Resolutions Conference is to bring the parties together, with a mediator provided by UALD to facilitate communication between the parties who are in disagreement, and see if the differences can be resolved before an investigation.
The Resolutions Conference is NOT a hearing on the facts of the case, and the Mediator will NOT issue a decision on the merits of your case.
Early resolution of the charge has many advantages, some of which include:
- Minimizing the time, energy and expense which is often required to address a complaint of discrimination
- Better use of your resources
- Allowing you and the employer to decide how a dispute will be resolved without a third party imposing a resolution.
For more information about our mediation program or the Resolutions Conference, please click here.
How does the Resolutions Conference Work:
- Either party may decline to attend the Resolutions Conference, or may leave the Conference at any time. However, all parties are encouraged to make good faith attempts to try to resolve their differences.
- The Division requests that both parties bring all information that may support their positions. Witnesses may be used and affidavits (written notarized witness statements) can also be presented.
- All issues that reach resolution and all agreements made during the Conference are legal and binding after the Division Director has signed the agreement. If the Resolutions Conference is successful, the case will be closed.
- If the Parties cannot resolve their issues during the Conference, the case is assigned to an Investigator for further processing.
Step Five: Investigation
If the Resolutions Conference is not successful in settling your case, it will be assigned for investigation.
The investigator will conduct any fact-finding that is necessary to make a decision about the facts of your case. This may include:
- Requesting additional information from you
- Interviewing you
- Interviewing the employer
- Interviewing witnesses
- Doing an on-site inspection of the work place
- Requesting documents (including personnel files, organizational charts, paycheck stubs, etc.) from the employer
- Requesting documents (including medical records, etc.) from you or the employer
A Fact-Finding Conference may also be held. A Fact-Finding Conference is an opportunity for both sides to sit down with the investigator to discuss the case and present their evidence in more detail. A Fact-Finding is not a mini-trial, but rather is an opportunity for the sides to share information, on an informal basis, with the investigator and each other.
Step Six: After the Investigation
After the evidence has been gathered, the Division will issue a finding of whether or not there is "reasonable cause" or "no reasonable cause" to believe that illegal discrimination has occurred.
The parties will receive a copy of the Division's decision.
Step Seven: Appealing the Decision
If you disagree with the Division's decision, you have several options:
You may request an evidentiary hearing before an Administrative Law Judge ("ALJ") with the Utah Labor Commission.
- This is considered a "de novo" hearing. This means that the ALJ will allow the parties to present all of their evidence "new" or without consideration of the Division's findings.
- You should be prepared to present your evidence including documents and/or witnesses. Although the process does not require that you have an attorney, it is a formal adjudicative hearing where the parties will be required to present evidence in a manner that is typical of an administrative hearing. For more information about the evidentiary hearing, please click here.
- This request must be in writing and received within 30 days of the date of the Determination and Order and sent to the Division Director at:
Utah Antidiscrimination & Labor Division
160 East 300 South, Third Floor
P O Box 146630
Salt Lake City UT 84114-6630
- You may also fax the request for appeal to the Division Director at (801) 530-7609.
You may request a Substantial Weight Review by EEOC.
- The Division will send a copy of your file to EEOC where it will be reviewed for a determination of whether or not the evidence gathered in the file supports the determination that was issued by the Division.
- This request must be in writing and received within 15 days of the date of the Determination and Order, and sent to the State and Local Coordinator
Phoenix District Office
3300 North Central Avenue, Suite 690
Phoenix AZ 85012
You may request a Right to Sue Notice.
- This request can be made to the UALD and a form will be sent to you for your signature or you can pick up the form from our offices.
- UALD will close its case and the EEOC will review your request and more likely than not, issue a Notice of Right to Sue.
- You will then have 90 days from the date that the Notice of Right to Sue is issued to file your claim of discrimination in federal district court.
YOUR OPTIONS AT ANY POINT IN THE UALD PROCESS
Both you and the employer may offer to try to mediate or settle the case at any time in the process. A mediator or investigator can assist with settlement discussions.
You may withdraw your charge with the Division and request a Notice of Right to Sue (issued by EEOC) which can be used to file your case in federal district court.
Either party can obtain legal counsel or other representation at any time. The Division must have written Notice of Representation before it will communicate with your representative.
Both you and the employer are obligated to keep the Division informed of a current address and phone number. The Division may close your case if you cannot be located.
The parties are also required to cooperate fully with the process. The Division may close your case if you do not cooperate with the investigation.
It is illegal for an employer to retaliate against an employee because he or she has opposed any type of discriminatory treatment or because he or she has filed charges, testified, assisted or participated in any proceeding, investigation or hearing alleging discriminatory treatment protected by the law.
This protection applies not only to the complaining employee, but to all other employees who might participate in the investigatory process.
This protection applies regardless of the validity of the complaining employee's charge.
Persons needing reasonable accommodations, interpreters, or assistive devices due to a disability should contact the Division three days in advance of their appointment or hearing.