After the complaint has been filed and the response has been received, the investigator may contact the complaining party in order to clarify relevent facts.  The investigator will also request further information from the Responding party (the employer).  This information will pertain to the facts raised in the complaint and can include copies of particular documents or interviews with the parties involved.  The investigator may visit the workplace in order to gain this information.  All information obtained in the investigation shall remain a confidential part of the Commission's investigation. 

Fort Wayne Ordinance G-21-78, gives the Commission and it's agents the power to subpoena and compel the attendance of witnesses or production of pertinent documents and records, and make use of such other discovery techniques as shall be necessary to complete investigations or conduct full hearings as provided for in IC 4-21.5 et seq., and Rule 28 of the Indiana Rules of Trial Procedure.  The Commission is also empowered to administer oaths and examine witnesses.

At the conclusion of the investigation, the Commission will make a determination based on the evidence it has uncovered.  If the Commission believes that discrimination has occurred they will issue a finding of "Probable Cause."  The Commission's investigations also reveal when no discrimination has occurred.  This determination is called a "No Probable Cause" decision.  The parties receive a multiple page document which explains what evidence was used and how it was applied to the appropriate laws.  This document shows the parties how the Commission came to their decision.  Each allegation contained in the complaint is addressed to determine the outcome.

A finding of Probable Cause means that the evidence uncovered in the investigation has revealed reasonable cause to believe that discrimination had occurred in the facts alleged in the complaint.  Once a Probable Cause decision is issued, the Commission's legal staff will attempt to conciliate the matter.  If conciliation fails, the matter will be set for public hearing.  At the public hearing, the Complaining Party and the Responding Party will present evidence, question witnesses and present their case to an Administrative Law Judge.  The Commission will present the investigative file to the Administrative Law Judge.  Once the evidence and testimony has been presented, the Administrative Law Judge will render a decision.  If the Administrative Law Judge determines that the Respondent is guilty of discrimination in the case, then damages and fines can be ordered.  However, if the Administrative Law Judge finds that no discrimination had occurred, the case will be closed.  

Conversely, a No Probable Cause finding means that the evidence has not revealed discrimination and the Commission believes the matter should be closed.  However, if the Complaining Party has discovered a new piece of evidence that was not consider in the determination, they may appeal the determination.  This must be done in writing and submitted to the Commission's office within ten (10) days of receipt of the determination documents. 

If an appeal is granted, the parties will appear in front of an appeal hearing panel to present their case.  The appeal hearing panel will make one of three decisions:  to reverse the original determination, to send the case back for further investigation, or to uphold the original determination.  If the original decision is reversed, the case goes through the process described in the previous paragraph.  If the case goes back for more investigation, it must then be reheard to make a determination of Probable Cause or No Probable Cause.  If the decision is No Probable Cause again, there is not a second opportunity to appeal this decision.  If the original decision is upheld, the matter is then considered closed.

In the event that a case has been dual filed with the Equal Employment Opportunity Commission, the aggrieved party can then ask for a substantial weight review.  This must be requested in writing within fifteen (15) days of the last decision.  The Commission will present a full copy of the investigative file to be reviewed by the EEOC. 

Once a case is closed by the Commission, the Complaining Party may pursue the matter in a court of law by filing a civil suit.  Title VII, the ADA, and the ADEA all require that the parties "exhaust the administrative process" and allow the Commission (Metro or the EEOC) to conduct an investigation.  These laws have determined that the period of 180 days is sufficient to exhaust the administrative process, and the Complaining Party can request a right to sue letter after this period of time has elapsed.  If a party chooses to do this, the investigation will cease and the EEOC will issue a right to sue letter, providing documentation that the administrative process has been exhausted and the matter can be heard in a court of law.  This same documentation is provided when an investigation is completed and the Commission closes a case (either after a No Probable Cause determination or a public hearing is held).