26 NCAC 04 .0102             CONTENT AND PROCEDURE

(a)  Any person wishing to file a complaint of alleged discrimination as defined in Rule .0101 of this Section with the EEOC shall address a petition to:

Director of Civil Rights Division

Office of Administrative Hearings

6714 Mail Service Center

Raleigh, NC 27699-6714

or

District Director

EEOC

129 West Trade Street

Charlotte, NC  28202

(b)  The petition shall include the following information:

(1)           Full name, address and telephone number (work and home), of person making the charge;

(2)           Full name and address of person or agency against whom the charge is made (the respondent);

(3)           A clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices;

(4)           A statement of specific harm and dates the harm occurred;

(5)           For each harm ‑ a statement specifying the act, policy or practice which is alleged to be unlawful;

(6)           For each act, policy or practice alleged, a statement of the facts which lead the person to believe the act, policy or practice is discriminatory;

(7)           The approximate number of employees of the respondent employer;

(8)           A statement disclosing whether proceedings involving the alleged unlawful employment practices have been commenced before a state or local agency charged with the enforcement of fair employment practice laws and if so, the date of such commencement and the name of the agency.

(c)  Notwithstanding the provisions of this Paragraph (b), a charge is sufficient when the commission receives from the person making the charge a written statement sufficiently precise to identify the parties and to describe the action complained of.

(d)  The EEOC shall examine the petition and determine its appropriateness.  If appropriate, it shall be assigned an EEOC docket number and forwarded to the Office of Administrative Hearings, the designated 706 deferral agency.

(e)  The OAH shall assess the case to determine if it is within its authority.  If so, the case shall be assigned an OAH docket number. If the case is not within OAH's authority the case shall be returned to EEOC.

History Note:        Filed as a Temporary Rule Eff. October 15, 1986 For a Period of 120 Days to Expire on

February 11, 1987;

Authority G.S. 7A‑759;

Eff. February 1, 1987;

Amended Eff. December 1, 1999; April 1, 1991; April 1, 1989.