Who may file a complaint with the Beckley Human Rights Commission?
If you believe you have been a victim of the type of discrimination outlined in the Beckley Human Rights Ordinance you may file a complaint with the Commission. Call the Beckley Human Rights Commission at 304-256-1777 or (TDD) 304-256-1768.
When making your complaint, describe briefly what happened. You will be asked a few questions to determine whether you have a basis for filing a complaint. If you do, an appointment for you to come to the office and formalize your complaint will be made. The interview will last about two hours. You will be told what you should bring to the interview. Your complaint must be filed with this agency within ninety (90) days of the alleged discriminatory act.
How does the Beckley Human Rights Commission’s complaint process work?
- You must act quickly! A person may call, write, or visit the office of the Beckley Human Rights Commission to report an incident of discrimination. The complaint must be filed within 90 days of the most recent incident. If the Commission has jurisdiction over the matter, a formal complaint will be prepared and docketed. A Fact-finding Conference will be scheduled, after the signing of the complaint.
- After all the facts have been examined, a recommendation as to a finding will be made. The finding will either be that there is not enough evidence to support the allegation(s) of discrimination (no probable cause) or that there is reason to believe that discrimination did occur (probable cause).
- Following the probable cause determination, conciliation is attempted. In this stage, the Commission or the complainant may agree to a settlement with the parties against whom the complaint is filed (the respondent). If a settlement cannot be reached, a public hearing will be held.
- The hearing which is similar to a trial, is conducted by hearing committee, consisting of at least three (3) of the Commissioners. After, such hearing and consideration of all the testimony, evidence and record in the case, the hearing committee shall issue a finding. Any person against whom a cease and desist order has been served by the hearing committee shall have a full appeal and complete right of review and a hearing de novo as a matter of right by the circuit court; provided, that except as to the hearing de novo, any provision of Chapter 29A of the Code of West Virginia shall supersede this provision in the event of any conflict therewith.