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has made a determination that there is probable cause to <br />believe that discrimination took place; <br />(7) Attempting to conciliate a resolution of the complaint between <br />the parties; <br />(8). Entering. into conciliation agreements in such instances where <br />conciliation efforts have been successful; and <br />(9) administrative cause determinations. <br />The city or county enacting an Ordinance may in the Ordinance delegate <br />the powers of the Commission under this act and the Ordinance to an <br />Administrative Department of the city or county. <br />Section 3. The Ordinance may provide that complainants who receive a <br />right -to -sue letter from the Commission may bring a civil action in superior <br />court against the respondent within one year of the issuance of the right -to- <br />sue letter. The Ordinance shall provide that in a civil action filed which <br />seeks damages from the respondent, either the complainant or the respondent <br />may request, and upon request, is entitled to a jury trial. The superior <br />court judge or jury, as appropriate, shall be authorized to impose mandatory <br />and prohibitory injunctive relief; compensatory . damages; and, unless <br />otherwise prohibited by law, punitive damages; and any other appropriate <br />relief, provided that: <br />(1) Punitive damages may be ordered only if the fact finder finds <br />that the respondent engaged in a practice made unlawful under <br />the Ordinance with malice or with reckless indifference to the <br />protected rights of the complainant; and <br />(2) In cases involving unlawful employment practices, the fact - <br />finder may order reinstatement, hiring, and /or back pay. <br />In any action brought in the superior court pursuant to the Ordinance, <br />the court may allow the prevailing party reasonable costs and attorneys' fees <br />from the other party or parties. Attorneys' fees, however, may not be awarded <br />to the Commission, and a prevailing respondent may be awarded court costs and <br />reasonable attorneys' fees only upon a showing that the case is frivolous, <br />unreasonable, or without foundation. <br />Section 4. The governing body of any city or county within the State <br />that has adopted an Ordinance may enter into worksharing agreements with the <br />State and the federal government. <br />Section 5. If an Ordinance is adopted by a county, it applies to any <br />part of the county not within a municipally incorporated city, town, or <br />village in the county. The governing board of a city, town, or village within <br />the county adopting an ordinance may, by resolution, permit an Ordinance <br />adopted by the county to be applicable within its corporate boundaries. A <br />city, town, or village may, by resolution, withdraw its permission. If it <br />does so, it shall_ give .written notice to the county of its withdrawal of <br />permission. Thirty days after the date the county receives the permission <br />withdrawal notice, the Ordinance ceases to be applicable, within the city, <br />town, or village. <br />Section 6. This act applies to cities and counties with a population <br />equal to or in excess of 100,000 people. <br />Section 7. This act is effective when it becomes law. <br />lsg: orangecounty \antidiscdraft.hrc.doc <br />