Withdrawing Your Complaint
Withdrawal
Withdrawing a claim of discrimination is a straightforward and common process that many charging parties choose for various reasons. If you decide to withdraw your claim, there is no cost to you, and no further action will be required on your part. To begin, simply communicate with your assigned investigator, who will guide you through the necessary steps.
It is your choice to continue, and the Human Rights Bureau is prepared to continue its investigation.
If you choose to withdraw, this will shut down the investigation at the Bureau. A report will not be issued, and the Respondent will be notified that the matter has closed. The Bureau will hold on to the records through the required retention period. The material in your file will be considered confidential and will not be released unless either you agree, or the requestor is able to show that their interests outweigh your privacy rights in the material.
Charging Parties choose to withdraw for a variety of reasons. As we progress through this investigation, it could be your concerns do not fit within the narrow scope of what the Bureau has jurisdiction over. For example, it could be that their issue is better suited for a different forum such as wage and hour or OSHA. It is also common for a charging party to learn more about the Respondent’s reasons for the adverse act and no longer want to pursue the complaint.
Retaliation – You still have rights!
Even if you decide to withdraw your claim, it’s important to know that you have still engaged in a protected activity under Montana law. This means you are entitled to the same protections against retaliation as someone who continues with their claim. Your decision to withdraw does not change the fact that you exercised your rights, and the law ensures that you cannot be treated unfairly because of it. If you have any concerns about this or want to discuss it further, your investigator is here to answer your questions and provide support.
What does a withdrawal mean for my complaint?
Submitting a withdrawal may end your right to pursue legal action for alleged acts of discrimination, and you will not receive a notice of dismissal from the Bureau.
If you choose to go forward, and the Bureau finds “cause,” the matter will proceed to conciliation. If conciliation is unsuccessful, then your complaint, and only your complaint, is transmitted to the Office of Administrative Hearings (OAH) for a contested case hearing.
In cases where the Bureau issues a no cause finding, the Bureau writes up an analysis that includes the reasoning for why we are dismissing the matter. Once issued, a Charging Party has the right to object to the Human Rights Commission and/or file the complaint directly in a District Court. If you are interested in either of those options, you should not withdrawal.
