Initial Determination & Appeals
A determination of “probable cause” means based on information collected, the Investigator concluded discrimination may have occurred. There is no appeal of a finding of probable cause. The case then proceeds to conciliation.
No Probable Cause
A “no probable cause” determination will be issued if the Investigator does not conclude discrimination may have occurred. If the Complainant does not appeal, the case will be closed. If appealed, the Hearing Examiner will review the determination. Either party may submit additional information to the Hearing Examiner. The Hearing Examiner may uphold or overturn the determination. If the Hearing Examiner upholds the finding of no probable cause, the Complainant may appeal the examiner’s decision to the Equal Opportunities Commission for review. If there is no appeal, the case will be closed.
A mixed determination of both “probable cause” and “no probable cause” means that the Investigator determined that with at least one of your claims, there is reason to believe that discrimination may have happened (probable cause) and with your other claims, there is not enough evidence to believe discrimination happened (no probable cause).