Section 20-1007 - Election of civil action.
§ 20-1007. Election of civil action.
(a) Election by complainant or respondent.-
(1) When a complaint alleging an unlawful employment practice is issued and served under § 20-1006 of this subtitle, a complainant or respondent may elect to have the claims asserted in the complaint determined in a civil action brought by the Commission on the complainant's behalf, if:
(i) the Commission has found probable cause to believe the respondent has engaged in or is engaging in an unlawful employment practice; and
(ii) there is a failure to reach an agreement to remedy and eliminate the unlawful employment practice.
(2) An election under paragraph (1) of this subsection shall be made within 30 days after the complainant or respondent receives service under § 20-1006(b) of this subtitle.
(3) If an election is not made under paragraph (1) of this subsection, the Commission shall provide an opportunity for a hearing as provided under § 20-1008(a) of this subtitle.
(b) Election by Commission.- When a complaint alleging an unlawful employment practice is issued and served under § 20-1006 of this subtitle, the Commission may elect to have the claims asserted in the complaint determined in a civil action brought on the Commission's own behalf, if:
(1) the Commission has found probable cause to believe the respondent has engaged in or is engaging in an unlawful employment practice; and
(2) there is a failure to reach an agreement to remedy and eliminate the unlawful employment practice.
(c) Notice of election.-
(1) If a complainant or respondent makes an election under subsection (a) of this section, that party shall give notice of the election to the Commission and to all other complainants and respondents.
(2) If the Commission makes an election under subsection (b) of this section, the Commission shall give notice of the election to all complainants and respondents.
[An. Code 1957, art. 49B, § 11A(a), (b), (c)(1), (2); 2009, ch. 120, § 2; ch. 367.]