§ 28-5-24.1 - Proceedings in superior court.
SECTION 28-5-24.1
§ 28-5-24.1 Proceedings in superior court.– (a) A complainant may ask for a right to sue in state court if not less thanone hundred and twenty (120) days and not more than two (2) years have elapsedfrom the date of filing of a charge, if the commission has been unable tosecure a settlement agreement or conciliation agreement and if the commissionhas not commenced hearing on a complaint. The commission shall grant the rightto sue within thirty (30) days after receipt of the request. This shallterminate all proceedings before the commission and shall give to thecomplainant the right to commence suit in the superior court within any countyas provided in § 28-5-28 within ninety (90) days after the granting of therequest. Any party may claim a trial by jury.
(b) As to cases pending before the commission on July 8, 1999in which a finding of probable cause has been made by the commission under§ 28-5-18, or will in the future be made, the commission shall withinthirty (30) days of the findings of probable cause or within thirty (30) daysafter July 8, 1999, whichever is later, notify the respondent of the right tohave the complaint heard and decided in the superior court. If within thirty(30) days of receipt of the notification by the respondent the respondentelects in writing to have the case heard in the superior court, the commissionshall promptly issue a right to sue letter to the complainant and allproceedings before the commission shall terminate. The complainant shall havethe right to commence suit in the superior court within any county as providedin § 28-5-28 within ninety (90) days of the date of the right to sueletter, a copy of which shall be sent to all parties. Either party may claim atrial by jury in the superior court. Notwithstanding the termination ofproceedings before the commission upon the granting of the right to sue notice,the parties may agree to have the commission seek to conciliate or mediatesettlement of the case within the ninety (90) day period in which thecomplainant has the right to commence suit in superior court.
(c) As to cases commenced in the commission after July 8,1999, the complainant or the respondent may elect within twenty (20) days afterreceipt of a finding of probable cause to terminate by written notice to thecommission all proceedings before the commission and have the case heard in thesuperior court. In the event of an election to terminate the proceedings, thecommission shall issue a right to sue letter to the complainant with a copy ofthe letter sent to all parties.
(2) The complainant shall have the right to commence suit inthe superior court within any county as provided in § 25-5-28 withinninety (90) days of the date of the right to sue letter. Either party may claima trial by jury in the superior court.
(3) Notwithstanding the termination of proceedings before thecommission upon the granting of the right to sue notice, the parties may agreeto have the commission seek to conciliate or mediate settlement of the casewithin the ninety (90) day period in which the complainant has the right tocommence suit in superior court.
(d) The superior court may make orders consistent with §28-5-24; provided, that the court shall not enter a consent order or judgmentsettling claims of discrimination in an action or proceeding under thischapter, unless the parties and their counsel attest that a waiver of all orsubstantially all attorney's fees was not compelled as a condition of thesettlement.