§ 28-5.1-3.2 - Enforcement.
SECTION 28-5.1-3.2
§ 28-5.1-3.2 Enforcement. – (a) The state equal opportunity administrator is authorized to initiatecomplaints against any agencies, administrators, or employees of any departmentor division within state government, excluding the legislative branch, who orwhich willfully fail to comply with the requirements of any applicableaffirmative action plan or of this chapter or who or which fail to meet thestandards of good faith effort, reasonable basis, or reasonable action, asdefined in guidelines promulgated by the federal Equal Employment OpportunityCommission as set forth in 29 CFR 1607.
(b) Whenever the equal employment opportunity administratorinitiates a complaint, he or she shall cause to be issued and served in thename of the equal employment opportunity office a written notice, together witha copy of the complaint, requiring that the agency, administrator, agent, oremployee respond and appear at a hearing at a time and place specified in thenotice. The equal employment opportunity office shall follow its lawfullyadopted rules and regulations concerning hearings of discrimination complaints.
(c) The equal employment opportunity office shall have thepower, after a hearing, to issue an order requiring a respondent to a complaintto cease and desist from any unlawful discriminatory practice and/or to takeany affirmative action, including, but not limited to, hiring, reinstatement,transfer, or upgrading employees, with or without back pay, or dismissal, thatmay be necessary to secure compliance with any applicable affirmative actionplan or with state or federal law.
(d) A final order of the equal employment opportunity officeconstitutes an "order" within the meaning of § 42-35-1(j); is enforceableas an order; is to be rendered in accordance with § 42-35-12; and issubject to judicial review in accordance with § 42-35-15.