It is a face-to-face meeting of the complainant (the person alleging illegal discrimination) and respondent (the person, company or other entity the complaint is filed against). The Bethlehem Human Relations Commission, or BHRC, conducts conferences to allow both parties to present evidence supporting their positions, reply to the other party’s position and possibly consider a voluntary settlement of the complaint.

It is an investigative tool designed to shorten an investigation or secure an early settlement.

A designated member of the BHRC, called the fact-finder, conducts the conference. The fact-finder does not advocate for either party, but probes issues to obtain information and documentation on each party’s position.

Within 60 days of the respondent filing its answer to the complaint, the BHRC will invite the parties to voluntarily participate in the Fact-Finding Conference.  The parties have 30 days to respond to the invitation.  If both parties agree to participate in a Fact-Finding Conference, the BHRC-designated fact-finder for the case will contact the parties to arrange a date and time for the conference to be held at a mutually agreeable location.  Generally, Fact-Finding Conferences are held in the fifth-floor conference room of City Hall.  The conference must be held within 30 days of the parties’ notice to the BHRC of their agreement to participate.

Three major participants are the fact-finder, complainant and respondent. Whoever represents the respondent should have the authority to speak for and sign agreements binding the respondent. The respondent employee(s) who made the decision pertaining to the alleged discrimination should attend. Complainants not represented by legal counsel are allowed to bring an advocate(s) to the conference for advice and moral support. That person has a strictly advisory role and may only offer information about matters of which he or she has first-hand knowledge.

Witnesses who have relevant information or direct knowledge of the alleged discriminatory incident or practices may present only that information.

No.  Aside from the complainant, respondent, BHRC fact-finder, and any relevant witnesses, no one else is present at or may participate in the fact-finding conference.  

Either party may be represented by legal counsel, if the attorney has entered a “Notice of Appearance” statement. Attorneys have a strictly advisory role toward their clients. They cannot ask direct questions of either party, and may only offer information about matters of which they have first-hand knowledge.

Neither party has to have an attorney. The factfinder is responsible for making sure each party — with or without an attorney — has a fair and full opportunity to present facts and evidence.

It is neither. It is an effective, direct way for the BHRC to gather facts and information by getting the concerned parties around a conference table.  The fact-finder does not act as a judge or hearing examiner, and there is no opportunity for evidentiary objections.  Both parties must agree to participate in the Fact-Finding Conference or the conference will not be held.  

At the start of the Fact-Finding Conference, the fact-finder and the parties will meet together and the fact-finder will ask the parties if, prior to the presentation of witnesses and documentary evidence, they would like to attempt to resolve the dispute, either by speaking directly to each other or by the fact-finder serving as mediator.  If the parties request the fact-finder to conduct a mediation session, the fact-finder will then separate the parties and will take turns meeting individually with each party in an attempt to settle the dispute.  If either party decides to terminate the mediation, or if the fact-finder does not believe it reasonably likely that the dispute will be settled, then the fact-finder will proceed to conduct the Fact-Finding Conference.

Both parties are present in the same room for the Fact-Finding Conference. The fact-finder questions one party, then the other, concerning each incident or practice alleged to be discriminatory. The complainant and respondent are given opportunities to respond to or rebut each other’s statements, and present information to support their own positions.   The parties are invited to present witnesses and documentary evidence that they believe support their respective positions.

The fact-finder takes informal, self-reminder notes of the statements, responses or documents, as necessary. Remember, this is not a formal hearing requiring a stenographic transcript.  In fact, the parties are prohibited from creating a stenographic record of the Fact-Finding Conference.  The conference is a meeting to gather facts and evidence about the issues of the complaint.  These investigative notes are privileged and may not be given to either party.

There is no cross-examination. Questions are directed to the fact-finder, who will then ask questions — if relevant and appropriate – of the complainant and respondent.

The conference helps all parties learn the issues surrounding a complaint, including the laws prohibiting discrimination. It helps resolve issues quicker and at a lower cost to all parties.

If no Fact-Finding Conference is held, the BHRC will issue the complainant a notice that it has dismissed the complaint.  The notice will advise the complainant that he or she has one year from the receipt of the notice to file a complaint in court based upon the allegations of discrimination raised in the complaint that has been filed with the BHRC.

Within 30 days of the Fact-Finding Conference, the parties shall notify the BHRC whether the conference resulted in a resolution of the complaint.  In the event that the complaint is resolved, the BHRC will notify the parties that the complaint has been dismissed.  In the event that the complaint is not resolved through the Fact-Finding Conference, then the BHRC-designated fact-finder will prepare findings of fact and a conclusion as to whether probable cause exists that an unlawful practice of discrimination under Article 145 has occurred.

At the second BHRC meeting following the Fact-Finding Conference, the BHRC will consider the findings prepared by the fact-finder.  The BHRC will accept or reject the findings by public vote.  The BHRC will then provide the parties with the findings of fact and conclusion and shall notify the parties of the outcome of the vote.  The notice will also indicate that the complainant has a right to pursue the matter in court by filing a lawsuit.