Transcribe
Translate
Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 22
More information
digital collection
archival collection guide
transcription tips
-22- The two-year limitation period is simply to prevent a "stale" order from being enforced without a new hearing.) (OPTIONAL) Section 311. Provisional remedies. If, any time after the filing of a complaint, it shall appear to the Commission that there is reason to believe that the party charged has violated this ordinance and there is reason to believe that the person charged is about to do acts which would make impossible his compliance with an order of the Commission to alleviate the grievance, the Commission may direct its attorney to seek a temporary injunction restraining the party charged from doing these acts pending completion of the proceedings under this ordinance. If the Commission seeks and obtains such a temporary injunction, the person charged may require the Commission to complete action on the case within seven (7) days or such longer period as he shall specify. (Comment. A district court may issue a temporary injunction when the petition shows that the commission or continuance of some act would irreparably injure the plaintiff. In the human relations field, certain kinds of acts may make all relief ineffectual. Particularly in the employment and housing fields, the hiring of an individual to fill a vacancy or the sale of a house may create rights in the new employee or purchaser which cannot be corrected by an order of the Commission. Under this section the court could enjoin the filling of the vacancy or the sale of the house pending the disposition of the suit. This is not creating a new remedy. Equity courts have for centuries issued such temporary injunctions where irreparable harm was threatened. The closing sentence if the section requires the Commission to expedite action when it has obtained a temporary injunction.)
Saving...
prev
next
-22- The two-year limitation period is simply to prevent a "stale" order from being enforced without a new hearing.) (OPTIONAL) Section 311. Provisional remedies. If, any time after the filing of a complaint, it shall appear to the Commission that there is reason to believe that the party charged has violated this ordinance and there is reason to believe that the person charged is about to do acts which would make impossible his compliance with an order of the Commission to alleviate the grievance, the Commission may direct its attorney to seek a temporary injunction restraining the party charged from doing these acts pending completion of the proceedings under this ordinance. If the Commission seeks and obtains such a temporary injunction, the person charged may require the Commission to complete action on the case within seven (7) days or such longer period as he shall specify. (Comment. A district court may issue a temporary injunction when the petition shows that the commission or continuance of some act would irreparably injure the plaintiff. In the human relations field, certain kinds of acts may make all relief ineffectual. Particularly in the employment and housing fields, the hiring of an individual to fill a vacancy or the sale of a house may create rights in the new employee or purchaser which cannot be corrected by an order of the Commission. Under this section the court could enjoin the filling of the vacancy or the sale of the house pending the disposition of the suit. This is not creating a new remedy. Equity courts have for centuries issued such temporary injunctions where irreparable harm was threatened. The closing sentence if the section requires the Commission to expedite action when it has obtained a temporary injunction.)
Campus Culture
sidebar
