Orange County NC Website
Browse       Search
II. FILING OF CHARGES OF DISCRIMINATION <br />A. In order to facilitate the assertion of employment <br />rights, the EEOC and the FEPA each designate the other as <br />its agent for the purpose of receiving and drafting <br />charges, including those that are not jurisdictional with <br />the agency that initially receives the charges. EEOC's <br />receipt of charges on the FEPA's behalf will <br />automatically initiate the proceedings of both EEOC and <br />the FEPA for the purposes of Section 706 (c) and (e) (1) of <br />Title VII. This delegation of authority to receive <br />charges does not include the right of one Agency to <br />determine the jurisdiction of the other Agency over a <br />charge. Charges can be transferred from one agency to <br />another in accordance with the terms of this agreement or <br />by other mutual agreement. <br />B. The FEPA shall take all-charges alleging a violation of <br />Title VII, ADEA, EPA, or the ADA where both the FEPA and <br />EEOC have mutual jurisdiction or where EEOC only has <br />jurisdiction, so long as the allegations meet the minimum <br />requirements of those Acts, and for charges specified in" <br />Section III.A.1. below, refer them to the EEOC for <br />initial processing. <br />C. Each Agency will inform individuals of their rights to <br />file charges directly with the other Agency and or assist <br />any person alleging employment discrimination to draft a <br />charge in a manner which will satisfy the requirements of <br />both agencies to the extent of their common jurisdiction. <br />Normally, once an agency begins an investigation, it <br />resolves the charge. Charges may be transferred between <br />EEOC and Orange County Human Relations Commission within <br />the framework of a mutually agreeable system. Each <br />agency will advise Charging Parties that charges will be <br />resolved by the agency taking the charge except when the <br />agency taking the charge lacks jurisdiction or when the <br />charge is to be transferred in accordance with Section <br />III (DIVISION OF INITIAL CHARGE- PROCESSING <br />RESPONSIBILITIES). <br />D. For charges that are to be dual - filed, each Agency will <br />use EEOC Charge Form 5 (or alternatively, an employment <br />discrimination charge form which within statutory <br />limitations, is acceptable in form and content to EEOC <br />and the FEPA) to draft charges. When a charge is taken <br />based on disability, the nature of the disability shall <br />not be disclosed on the face of the charge. <br />