§ 86-14. Post complaint procedure; employment; employment agencies; labor organization membership; apprenticeship and training programs.

(a)

Upon the filing of a complaint, the commission shall:

(1)

Serve notice upon the complainant that the complaint has been received;

(2)

Advise the complainant of the time limits and choice of forums provided under the law; and

(3)

Within ten days, by mail or in person, serve notice on the respondent or person charged with the commission of a discriminatory act advising of his or her procedural rights and obligations, together with a copy of the complaint.

(b)

When a complaint is filed with the commission and the complainant requests that the complaint be presented to the Federal Equal Employment Opportunity Commission (EEOC), the complaint will be deemed to be filed with the EEOC upon the expiration of 60 days (120 days during the first year after the effective date of this section) after filing with the commission, or upon termination of commission proceedings, or upon the commission's waiver of its right to exclusively process the charge, whichever is earlier.

(c)

If a complaint is filed with the commission and the complainant does not request that the complaint be presented to the Federal Equal Employment Opportunity Commission (EEOC), in order for the complaint to be filed with the EEOC, the complainant must do one of the following:

(1)

If the commission has refused to accept the complaint, the complainant may file a subsequent submission of the complaint directly with the EEOC pursuant to the time limits and requirements of Title VII of the Civil Rights Act, 42 U.S.C.A. 2000e et seq. and the Americans with Disabilities Act, 42 U.S.C.A. 12117;

(2)

If the commission proceedings have terminated, the complaint may be timely filed with the EEOC within 30 days of receipt of notice that the commission proceedings have been terminated or within 300 days from the date of the alleged violation, whichever is earlier;

(3)

If the commission proceedings have not been terminated, the complaint may be filed with the EEOC within 300 days from the date of the alleged violation. Once filed, the complaint will be deemed to be filed with the EEOC upon the expiration of 60 days (120 days during the first year after the effective date of this section) after filing with the commission, or upon termination of commission proceedings, or upon the commission's waiver of its right to exclusively process the charge, whichever is earlier. To be timely, however, such filing must be effected within 300 days from the date of the alleged violation.

(M.C.S., Ord. No. 19,278, § 1, 6-17-99)