Complaints; certified complaints

Rule 4. (1) A person claiming to be aggrieved by unlawful discrimination may personally, or through counsel or other agent, submit a complaint to the department. (2) A commissioner, director, or agent authorized by the commission or director, may initiate, make, sign, and file a complaint in the public’s interest. (3) The department may receive a complaint by personal delivery, mail, or electronic service, addressed or emailed to 1 of the department offices. (4) The department shall evaluate a complaint to determine if it will proceed with a certified complaint. If the department decides not to proceed with a certified complaint, the claimant shall be notified of the decision and instructed on how to proceed. (5) If the department proceeds with a certified complaint, the department shall draft the certified complaint for filing, without charge. (6) A certified complaint must be in writing, dated, and include all of the following: (a) The full name and address of the claimant and their legal agent, if any. (b) The full name and address of the respondent. (c) The alleged discrimination and a detailed statement describing it. (d) The date, dates, or range of dates of the alleged discrimination and whether the alleged discrimination is of a continuous nature.

(e) The claimant’s signature. (f) An acknowledgment as set forth in subrule (11) of this rule. (7) The certified complaint must be filed with the department within 180 days after the date of the alleged discrimination, or within 180 days after the date when the alleged discrimination was or should have been discovered. If the alleged discrimination is of a continuous nature, the date of the discrimination is any date after the commencement of the discrimination, up to and including the date that the discrimination ceased, subject to or consistent with prevailing law. (8) The department shall mail a copy of the certified complaint filed by the claimant to the respondent. (9) The department may require answers to interrogatories, order the submission of books, papers, records, and other materials pertinent to a certified complaint, and require the attendance of witnesses, administer oaths, take testimony, and compel, through court authorization, compliance with its orders or an order of the commission. (10) A certified complaint, or part of a certified complaint, may only be withdrawn with written consent of the commission or department on conditions considered proper under the circumstances. (11) Every complaint or certified complaint must include a statement acknowledging both of the following: (a)Whether other proceedings, administrative, civil, or criminal, based upon the same facts, occurrences, or transactions as alleged in the complaint or certified complaint, are pending before a state or federal court or state or federal administrative agency. (b) The status or disposition of the matter. (12) If another proceeding is pending, the commission or department may, in its discretion, stay or dismiss the complaint or certified complaint.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.