Complaint Investigation Process

Complaint Investigation Process

The following information provides a brief overview of the Division’s investigation process pursuant to the City of Saint Paul Human Rights Ordinance Chapter 183.

Title XVIII - HUMAN RIGHTS | Code of Ordinances | St. Paul, MN | Municode Library 

Statute of limitations: A charge must be filed within one year from the date on which the alleged discrimination occurred.

Jurisdiction: HREEO investigates complainants of discrimination alleged to have taken place within the City of Saint Paul.

Attorney representation: Representation is optional, not required.

1. The Complainant Submits an Inquiry

   An individual believing that they have been discriminated against submits an inquiry, stating the protected class, harm suffered, area, and basis of the alleged discrimination. This individual is called the Complainant. The Complainant participates in an intake interview with a Human Rights Investigator and HREEO determines whether the complaint can be investigated.

2. HREEO Files a Charge

   Once it is determined that the complaint can be investigated, the intake investigator drafts a charge of discrimination on behalf of the Complainant, at no cost. HREEO does not begin an investigation until the charge is signed by the Complainant and returned to HREEO. Once the signed charge is returned to HREEO, the HREEO Director will accept and file the charge.  

   The Respondent is the party against whom a charge has been filed. The Respondent is provided a copy of the charge after the charge has been signed, accepted, and filed.  

   A Human rights investigator is assigned to investigate the case after the charge has been filed. 
    

   *Retaliating against a Complaint for filing a charge is prohibited under the Saint Paul Human Rights Ordinance.  

   ** A Complainant cannot file a charge on the same matter with more than one agency, even once an investigation is complete and a determination has been issued. HREEO has a work-share agreement with the Equal Employment Opportunity Commission (EEOC) for employment cases and the U.S. Department of Housing and Urban Development (HUD) for real property (housing) cases.  This means that any charge of discrimination filed with HREEO will also be cross-filed with either the EEOC or HUD if it meets their requirements. 

3. The Respondent Submits a Position Statement

   In the Position Statement, the Respondent provides their response and any defense to the charge. The Respondent can also provide supplemental evidence that supports their position. Any documentation attached to the position statement will be provided to the Complainant.

4. The Complainant Submits a Rebuttal

   The Complainant has the opportunity to respond to the Respondent’s position statement with a written rebuttal and/or participate in a rebuttal interview with their assigned investigator. Complainants are given the opportunity to provide evidence and witnesses to support their allegations. 

5. Pre-determination Settlement Agreement (PDSA)

   The Complainant and Respondent can opt into a mutually agreed-upon settlement to resolve the charge of discrimination before the investigation is complete. The PDSA process is facilitated by a HREEO employee. The parties generally participate in the PDSA process at the beginning of the investigation but may also enter into the PDSA process at any time before the determination is issued.

6. Investigation

   The investigator conducts a thorough and impartial investigation, which can include requests for information and witness interviews.  Retaliating against a witness for participating in an investigation is prohibited under the Saint Paul Human Rights Ordinance. 

7. Determination

   After evaluating all the evidence and applicable law, HREEO makes a determination on whether there is probable cause or no probable cause that a prohibited discriminatory act occurred under the Saint Paul Human Rights Ordinance. 

8. Conciliation

   If HREEO determines there is probable cause that discrimination occurred, a conciliation is scheduled where both the Complainant and Respondent meet to settle the matter. The conciliation is facilitated by a HREEO employee.  

9. Appeal

   A complainant may choose to appeal a determination of no cause. An appeal can result in a determination being affirmed, reversed, or remanded to the investigatory stage. A Complainant has 10 days from the date they receive the determination of no probable cause to appeal the decision. Once the appeal period is over or following an appeal resulting in an affirmed determination, HREEO will issue the Complainant a 45-day right to sue letter, which outlines Complainant’s right to file in court.