Does a person have to file a complaint with the Department before filing a complaint in court?
No. A person may file directly in court without first filing a complaint with the Department. The time limit for filing in court is two years from the date of the alleged discrimination. If a complaint has been filed with the Department, the two-year time period does not include the time that the Department spent processing the case. If the Department has completed its investigation and issued an accusation, either party (the person who filed the complaint or the person against whom the complaint was filed) may elect to have the case transferred to court. The Department’s attorneys will prosecute the case in court on behalf of the Department.
Related Questions
- If a person has already filed a complaint with the Federal Department of Housing and Urban Development (HUD), can he/she also file with the Department?
- Can a person file a suit for recovery and also file a complaint under Section 138 of the Negotiable Instruments Act for dishonour of a cheque?
- How can I file a compliment or complaint concerning fire department services?
