1-1700-9881-2

DHR File No. ER 1994 2272

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR DEPARTMENT OF HUMAN RIGHTS

 

Jeanette Nelson,                         Complainant, v. Nekton, Inc.,                          Respondent.

NOTICE OF AND ORDER FOR HEARING AND PREHEARING ORDER

 

The Commissioner of Human Rights has referred the above-entitled matter to the Office of Administrative Hearings for hearing pursuant to Minn. Stat. § 363.071, subd. 1a.  This matter involves a charge of discrimination filed by the Complainant on December 22, 1994, alleging that Respondent illegally discriminated against her in the area of employment because of her sexual orientation.  A copy of the Charge of Discrimination is attached.

IT IS HEREBY ORDERED AND NOTICE IS GIVEN that a prehearing conference in this matter will beheld at 1:30 p.m. on August 9, 1995 at the Office of Administrative Hearings, 100 Washington Square, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota for the purpose of defining the issues, establishing discovery, motion and hearing schedules, and discussing the possibility of settlement.

IT IS FURTHER ORDERED  that a hearing in this matter be held at 9:30 a.m. on October 24, 1995 at the Office of Administrative Hearings.

The parties are urged to attend these proceedings; failure to do so may prejudice your rights in this and any subsequent proceedings.  If the Complainant fails to appear, the charge may be dismissed.  If Respondent fails to appear, a finding may be made that Complainant’s allegations are true without presentation of further evidence except as to damages.

The issues to be determined at the hearing appear to be the following:

1.        Whether the Respondent discriminated against the Complainant in employment on account of her sexual orientation in violation of Minn. Stat. Ch. 363.

2.        If it is determined that Respondent illegally discriminated against the Complainant, whether Respondent is subject to any of the penalties and whether Complainant is entitled to any of the relief provided by Minn. Stat. § 363.071, subds. 1a and 2.

George A. Beck, Administrative Law Judge, 100 Washington Square, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota telephone number (612) 341-7601, will preside as Administrative Law Judge at the prehearing conference, the hearing and all other aspects of this proceeding unless the parties are notified otherwise.

At the hearing, each party will have the right to present evidence, rebuttal testimony and argument with respect to the issues and to cross-examine any witnesses.  All parties should bring to the hearing all documents, records and witnesses needed to support their position.  The attendance of witnesses or the production of documents may be compelled by a subpoena issued pursuant to Minn. Rule 1400.7000.  All parties may retain legal counsel for this proceeding, represent themselves or be represented by another person of their choice, if such representation is not otherwise prohibited as unauthorized practice of law.

The hearing will be conducted in accordance with Minn. Stat. §§ 14.57-14.69 and 363.071 and Minn. Rule 1400.5100-.8401 and the applicable portions of Minn. Rules 5000.0050-.2400. copies of those rules may be obtained from Minnesota Book Store, 117 University Avenue, St. Paul, Minnesota 55155, telephone (612) 297-3000.  Any party that intends to appear at the hearing is required to Minn. Rules 1400.5700 to file a Notice of Appearance with the Administrative Law Judge within twenty days after service of this Notice of and Order for Hearing.

By August 1, 1995, the Complainant shall file, and serve upon the Respondent, a Complaint setting forth the basis for her charges against the Respondent and the relief requested consistent with the provisions of Minn. Rules, pt. 5000.0900.  By August 15, 1995, Respondent shall file and serve an Answer to the Complaint as set forth in Minn. Rules, pt. 5000.1200.

Please be advised that if data that is not public is admitted into evidence, it may become public data unless an objection is made and relief is requested under Minn. Stat. § 14.60, subd. 2.

If you need an accommodation in order to participate in this hearing process, please call voice: 612/341-7610 or TDD: 612/341-7346.

Dated this 19th day of July, 1995.

 

KEVIN E. JOHNSON Chief Administrative Law Judge