WHAT IS THE COMMISSION?
The Commission was created in 1949 by an act of the General Assembly. The Commission is a state agency that enforces civil rights law.

WHAT ARE THE LAWS THE COMMISSION ENFORCES?

The Commission enforces the following civil rights laws:
Chapter 28-5	The Fair Employment Practices Act;
Chapter 34-37	The Fair Housing Practices Act;
Sections 23-6-22 and 23-6-23	The law regarding services to persons with AIDS;
Chapter 11-24	The public accommodations law;
Chapter 42-87	The disability discrimination law;
Section 34-37-4.3	The law regarding credit discrimination
Chapter 40-9.1	Equal Rights of Blind and Deaf Persons to Public Facilities

WHAT IS THE FAIR EMPLOYMENT PRACTICES ACT?
This law makes it illegal to discriminate against an employee or potential employee because of their race, color, sex (including pregnancy status and sexual harassment), religion, ancestral origin, disability, age (40+), sexual orientation or gender identity/ expression. The law covers such issues as hiring, promotion, salary, terms and conditions, termination and harassment. Companies of four (4) or more employees are covered by this act; the act covers both private and public sector employees. The law also prohibits retaliation against people who bring charges, assist in investigations or oppose unlawful employment practices.

WHAT IS THE FAIR HOUSING PRACTICES ACT?
This law makes it illegal to discriminate against a tenant or homeseeker because of their race, color, sex (including pregnancy status and sexual harassment), religion, ancestral origin, disability, age (18+), marital status, familial status, sexual orientation, gender identity/expression or status as a victim of domestic abuse. The law covers such issues as denial of rental or sale, terms and conditions of tenancy and eviction. Most landlords, property managers, and real estate agents/brokers are covered by this act. The law also prohibits retaliation against people who bring charges, assist in investigations or oppose unlawful housing practices.

WHAT IS THE AIDS SERVICES LAW?
This law makes it illegal to deny services to persons who are either HIV-positive or who have AIDS. This law covers persons, agencies, organizations and corporate bodies, and makes it illegal for them to discriminate in housing, employment, public accommodations, credit or delivery of services.

WHAT IS THE PUBLIC ACCOMMODATIONS LAW?
This law makes it illegal to discriminate against a person because of their race, color, sex (including pregnancy status and sexual harassment), religion, ancestral origin, disability, age (18+), sexual orientation or gender identity/expression. The law covers places of public accommodation such as restaurants, theaters, public transportation, hotels, stores, gyms, hospitals, and any other establishment open to the public. Accommodations which are distinctly private in nature are not covered by this act.

WHAT IS THE DISABILITY DISCRIMINATION LAW?
This law covers persons with either physical or mental disabilities. This act makes it illegal for any person or entity regulated by the state, receiving financial assistance from the state or doing business in the state to discriminate against a qualified disabled person in employment, housing or any program, activity or service.

WHAT IS THE CREDIT LAW?
This law makes it illegal to deny credit or set different credit terms because of a person’s race, sex, religion, ancestral origin, disability, age (18+), marital status, familial status, sexual orientation or gender identity or expression.

WHAT IS THE EQUAL RIGHTS OF BLIND AND DEAF PERSONS TO PUBLIC FACILITIES LAW?
This law makes it illegal to discriminate against persons with disabilities in housing, public accommodations and public conveyances. The law also spells out the protections for persons using or training assistive animals.

WHAT IS THE TIME IN WHICH TO FILE?
Persons who feel they have been discriminated against have one (1) year from the date of alleged harm to file their charge with the Commission. The time period for filing a charge under federal law with the U. S. Equal Employment Opportunity Commission (EEOC) is shorter. The Commission encourages persons to contact the Commission as soon as they believe they are victims of discrimination.

WILL A CHARGE ALSO BE FILED WITH THE FEDERAL GOVERNMENT?
Many of the cases with the Commission are automatically filed with the federal agency responsible for enforcing the federal anti-discrimination laws. The EEOC enforces the fair employment laws and the U.S. Department of Housing and Urban Development (HUD) enforces the fair housing laws.

WHAT HAPPENS AFTER A CHARGE IS FILED?
Once the Commission accepts a charge under one or more of the laws cited above, the case is assigned to a staff investigator and an impartial investigation takes place. The investigator gathers evidence to determine whether or not a violation of the law(s) likely has been committed. After the investigation is completed, a Commissioner makes a preliminary ruling based on the evidence presented. If the Commissioner rules No Probable Cause, then the case will be dismissed. If the Commissioner rules Probable Cause, then the case will go into conciliation. If conciliation fails, then the case will go to a public hearing. Under certain circumstances, the case may be brought to state Superior Court for a trial there.

WHO ARE THE COMMISSIONERS?
The Commission has seven (7) Commissioners who are appointed by the Governor with the advice and consent of the Senate. The Commissioners serve for five (5) years and their terms are staggered.

WHAT CAN THE COMMISSION DO IF DISCRIMINATION IS FOUND?
If, after a public hearing, the Commission issues a decision finding that discrimination occurred, the Commission has the authority to award damages to victims of discrimination. The awards vary based on each particular case. The Commission can award backpay, compensation for pain and suffering, the next available job or apartment, reasonable attorney’s fees and civil penalties (housing only; paid to State Treasury).

CAN A CASE GO TO COURT?
The Commission has "right to sue" provisions in the discrimination laws. In most cases, individuals filing charges can seek a right to sue in state court if their case has been filed with the Commission for at least 120 days and not more than two (2) years. In addition, in cases in which the Commission has found Probable Cause, either party may elect to terminate Commission proceedings and have the matter heard in Superior Court; the election must be made in writing within 20 days of receipt of notice of a Probable Cause finding.

DOES THE COMMISSION CHARGE FOR ITS SERVICES?
The Commission is a state agency and there is no charge for the services the Commission provides.

HOW LONG DOES THE COMMISSION PROCESS TAKE?
Each case accepted by the Commission takes a different amount of time to investigate based on the nature and complexity of the issues. It is impossible to estimate the time for any case. The process does take time and the cooperation of the parties is essential. The Commission does have subpoena powers and can compel the release of documents. The Commission can also subpoena witnesses.