§ 4-21-314. Simultaneous Action in State and Federal Courts Concerning Common Nucleus of Operative Facts Prohibited
No employee may concurrently maintain any cause of action in state court under § 4-21-401, § 8-50-103, or § 50-1-304, while at the same time prosecuting an action in federal court based on a common nucleus of operative facts. Upon motion of the employer, the state court shall dismiss any action maintained under § 4-21-401, […]
§ 4-21-309. Subpoenas
Upon written application to the commission, a party to a proceeding is entitled as of right to the issuance of subpoenas for deposition or hearing in the name of the commission by an individual designated pursuant to its rules requiring attendance and the giving of testimony by witnesses and the production of documents. A subpoena […]
§ 4-21-310. Resistance To, Obstruction, etc., of Commission
Any person who willfully resists, prevents, impedes or interferes with the performance of a duty or the exercise of a power by the commission or one (1) of its members or representatives commits a Class C misdemeanor.
§ 4-21-311. Additional Remedies Preserved — Civil Action — Allocations of Burden of Proof
Any person injured by any act in violation of this chapter shall have a civil cause of action in chancery court or circuit court. In such an action, the court may issue any permanent or temporary injunction, temporary restraining order, or any other order and may award to the plaintiff actual damages sustained by such […]
§ 4-21-312. Election of Civil Action
This section applies only in cases involving discriminatory housing practices. If the commission has determined that there is reasonable cause to believe that the respondent has engaged in a discriminatory housing practice and if the complaint has not been resolved through a conciliation agreement, the commission shall notify the complainant and the respondent in writing […]
§ 4-21-313. Limitations on Compensatory Damage Amounts — Exclusions From Application of Limits
For any cause of action arising under § 4-21-401, § 8-50-103, or § 50-1-304, the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, shall not exceed, for each complaining party: In the case of a cause […]
§ 4-21-304. Hearings
In complaints involving discrimination in employment and public accommodations, within ninety (90) days after an administrative determination of reasonable cause to believe that discrimination took place, unless the commission has issued an order stating the terms of a conciliation agreement, or, in those cases in which the terms of a conciliation agreement have been kept […]
§ 4-21-305. Findings and Orders
If the commission determines that the respondent has not engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, and such public officers and persons as the […]
§ 4-21-306. Remedies
Affirmative action ordered under this section may include, but is not limited to: Hiring, reinstatement or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable; Admission or restoration of individuals to union […]
§ 4-21-307. Judicial Review
A complainant, respondent or intervenor aggrieved by an order of the commission, including an order dismissing a complaint or stating the terms of a conciliation agreement, may obtain judicial review, and the commission may obtain an order of the court for enforcement of its order, in a proceeding brought in the chancery court or circuit […]