§ 28-5.1-3.2. Enforcement.
(a) The state equal opportunity administrator is authorized to initiate complaints against
any agencies, administrators, or employees of any department or division within state
government, excluding the legislative branch, who or that willfully fail to comply
with the requirements of any applicable affirmative action plan or of this chapter
or who or that fail to meet the standards of good faith effort, reasonable basis,
or reasonable action, as defined in guidelines promulgated by the federal Equal Employment
Opportunity Commission as set forth in 29 C.F.R. Part 1607.
(b)
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§ 28-5.1-3.2. Enforcement.
(a) The state equal opportunity administrator is authorized to initiate complaints against
any agencies, administrators, or employees of any department or division within state
government, excluding the legislative branch, who or that willfully fail to comply
with the requirements of any applicable affirmative action plan or of this chapter
or who or that fail to meet the standards of good faith effort, reasonable basis,
or reasonable action, as defined in guidelines promulgated by the federal Equal Employment
Opportunity Commission as set forth in 29 C.F.R. Part 1607.
(b) Whenever the equal employment opportunity administrator initiates a complaint, he
or she shall cause to be issued and served in the name of the equal employment opportunity
office a written notice, together with a copy of the complaint, requiring that the
agency, administrator, agent, or employee respond and appear at a hearing at a time
and place specified in the notice. The equal employment opportunity office shall follow
its lawfully adopted rules and regulations concerning hearings of discrimination complaints.
(c) The equal employment opportunity office shall have the power, after a hearing, to
issue an order requiring a respondent to a complaint to cease and desist from any
unlawful discriminatory practice and/or to take any affirmative action, including,
but not limited to, hiring, reinstatement, transfer, or upgrading employees, with
or without back pay, or dismissal, that may be necessary to secure compliance with
any applicable affirmative action plan or with state or federal law.
(d) A final order of the equal employment opportunity office constitutes an "order� within
the meaning of § 42-35-1; is enforceable as an order; is to be rendered in accordance with § 42-35-12; and is subject to judicial review in accordance with § 42-35-15.