PROPOSED CHANGES
1. A Complainant can only request "Reconsideration" one time - not have the right to appeal an unlimited amount of times. Respondents shall be extended the same right to Reconsideration as Complainants.
2. A Complainant must SWEAR UNDER OATH that their complaint is true and factual and must also be Notarized.- Restore the affidavit language that requires the complaint to make true and factual statements; the same condition required of Respondents.
3. The "Burden of Proof" must be raised to Preponderance of Evidence. Currently the standard is "Reasonable Cause" to believe and is too low for a burden of proof as it MUST BE MORE LIKELY that discrimination occurred than LESS LIKELY.
4.There should be some type of screening of complaints such as a Merit Assessment Review before Respondents are subjected to the investigative process and submit a "Schedule A." Cases that are retaliatory and frivolous must be denied at an early stage.
5. Testers must not be anonymous. Any person representing an agency must announce their affiliations before beginning any conversation. Additionally secret tape recordings of conversations are not permitted. Any Complainant having made any secret recording shall be grounds for immediate dismissal of that complaint.