§ 28-5-24.1. Proceedings in superior court.
(a) A complainant may ask for a right to sue in state court if not less than one hundred
and twenty (120) days and not more than two (2) years have elapsed from the date of
filing of a charge, if the commission has been unable to secure a settlement agreement
or conciliation agreement and if the commission has not commenced hearing on a complaint.
The commission shall grant the right to sue within thirty (30) days after receipt
of the request. This shall terminate all proceedings before the commission and shall
give to the complainant the right to commence suit in the superior court within any
Free access — add to your briefcase to read the full text and ask questions with AI
§ 28-5-24.1. Proceedings in superior court.
(a) A complainant may ask for a right to sue in state court if not less than one hundred
and twenty (120) days and not more than two (2) years have elapsed from the date of
filing of a charge, if the commission has been unable to secure a settlement agreement
or conciliation agreement and if the commission has not commenced hearing on a complaint.
The commission shall grant the right to sue within thirty (30) days after receipt
of the request. This shall terminate all proceedings before the commission and shall
give to the complainant the right to commence suit in the superior court within any
county as provided in § 28-5-28 within ninety (90) days after the granting of the request. Any party may claim a
trial by jury.
(b) As to cases pending before the commission on July 8, 1999, in which a finding of probable
cause has been made by the commission under § 28-5-18, or will in the future be made, the commission shall within thirty (30) days of the
findings of probable cause or within thirty (30) days after July 8, 1999, whichever
is later, notify the respondent of the right to have the complaint heard and decided
in the superior court. If within thirty (30) days of receipt of the notification by
the respondent the respondent elects in writing to have the case heard in the superior
court, the commission shall promptly issue a right to sue letter to the complainant
and all proceedings before the commission shall terminate. The complainant shall have
the right to commence suit in the superior court within any county as provided in
§ 28-5-28 within ninety (90) days of the date of the right to sue letter, a copy of which shall
be sent to all parties. Either party may claim a trial by jury in the superior court.
Notwithstanding the termination of proceedings before the commission upon the granting
of the right to sue notice, the parties may agree to have the commission seek to conciliate
or mediate settlement of the case within the ninety-day (90) period in which the complainant
has the right to commence suit in superior court.
(c)(1) As to cases commenced in the commission after July 8, 1999, the complainant or the
respondent may elect within twenty (20) days after receipt of a finding of probable
cause to terminate by written notice to the commission all proceedings before the
commission and have the case heard in the superior court. In the event of an election
to terminate the proceedings, the commission shall issue a right to sue letter to
the complainant with a copy of the letter sent to all parties.
(2) The complainant shall have the right to commence suit in the superior court within
any county as provided in § 25-5-28 within ninety (90) days of the date of the right-to-sue letter. Either party may
claim a trial by jury in the superior court.
(3) Notwithstanding the termination of proceedings before the commission upon the granting
of the right-to-sue notice, the parties may agree to have the commission seek to conciliate
or mediate settlement of the case within the ninety-day (90) period in which the complainant
has the right to commence suit in superior court.
(d) The superior court may make orders consistent with § 28-5-24; provided, that the court shall not enter a consent order or judgment settling claims
of discrimination in an action or proceeding under this chapter, unless the parties
and their counsel attest that a waiver of all or substantially all attorney's fees
was not compelled as a condition of the settlement.