NDO Complaint Procedure

1. Within 10 days after the complaint is filed, the Human Relations/D.E.I. Department will mail notice of the complaint to both parties.
2. The Department will investigate the complaint.
3.  Within 60 days after the complaint is filed, the Department will determine whether reasonable cause exists to believe an ordinance violation occurred. This time period may be extended by an additional 60 days by the Human Relations Director.
4. The Department will notify both parties of the cause/no cause determination in writing within 10 days of making such determination.

(A) If the Department finds reasonable cause:

1. The Department will within 60 days engage in a conciliation process with both parties that is intended to reach a voluntary and amicable solution to the alleged discriminatory practice.
2. If the Department is unable to obtain a voluntary conciliation, it will notify both parties by writing within 10 days from such determination.
3. If conciliation is not reached, the hearing board of the Winston-Salem Human Relations Commission will hold a hearing on the matter if both parties agree to such.
4. If the hearing board determines that there is no reasonable cause to believe a discriminatory practice occurred, it will issue an order dismissing the complaint.
5. If the hearing board determines that there is reasonable cause to believe a discriminatory practice occurred, it may refer the matter to the city attorney to seek injunctive relief, actual damages, and courts costs on behalf of the complainant.

(B) If the Department finds no reasonable cause:

1. The complainant may file a written appeal with the Human Relations Director within 10 days of receiving a copy of the no cause finding.
2. Upon receiving such appeal, the Director will refer the matter to the hearing board of the Winston-Salem Human Relations Commission.
3. The hearing board will complete its review and determination within 30 days after the appeal is filed, unless there are extenuating circumstances necessitating a delay. 
4. If the hearing board determines that there is no reasonable cause to believe a discriminatory practice occurred, it will notify both parties in writing of its determination within 10 days.
5. If the hearing board determines that there is reasonable cause to believe a discriminatory practice occurred, the Human Relations/D.E.I. Department will follow the process detailed in Section A above.

Both parties maintain the right to pursue the matter with their own personal attorneys through a court of law at any time during this process.