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Human Rights Report 2000CITY OF DUBUQUE, 'IOWA MEMORANDUM December 27, 2000 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Dubuque Human Rights Commission Ammal Report Human Rights Director Kelly Larson is transmitting the Fiscal Year 2000 Annual Report. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Kelly Larson, Human Rights Director L~ :Zt ~J CITY OF DUBUQUE, IOWA MEMORANDUM November 20, 2000 TO: The Honorable Mayor and Members of the City Council FROM: Kelly Larson, Human Rights Director ~ SUBJECT: 2000 Annual Report Attached please find the Hum?n Rights Commission's Annual Report for FY00. The Commission is very proud of its accomplishments over the past year, and looks ahead with excitement, as work towards the goals for this year is progressing. The Commission appreciates and thanks you for your past and continued support of its endeavors. Dubuque Human Rights Commission Annual Report July 1, 1999- June 30, 2000 Table of contents Commissioners and staff ........................................................................ 1 Overview ................................................................................. Caseload statistical data ......................................................................... 3 Case resolutions / Monetary awards ............................................................ 4 Cases closed / resolved .................................................... 5 Case repons ..................................................................................... 6 Breakdown of cases into areas of discrimination ............................................... 9 Settlement scenarios ......................................................................... .......................... : ................ 11 Commissioner corner ................................ Education and outreach activities ............................................................... 16 DDRC members .......................................................... DDRC statistics ............................................................................. Complaint process description .................................................................. 21 · .22 Complaint process flow chart ................................................................. City of Dubuque organizational chart ........................................................... 23 Report from. the Director Honorable Mayor and City Council: Another year has come and gone. Once again it is time to detail the Department's accomplishments. In many ways, the past year was business as usual. We have focused on enforcement. We have focused on education. We have focused on changing hearts and minds. We have various successes to celebrate. This past year we have engaged in more than twenty- five outreach and education activities, many of which reached large numbers of people. Most notably, we participated in a joint effort with the Dubuque Community School District to train more than 700 staff and administrators on disability awareness. At the time of this writing, we are working closely with the nationally recognized John Marshall Fair Housing Legal Support Center to better inform citizens of the protections afforded them by law. While we recognize our success, we need to be wary of settling into complacency. We face a significant challenge, and how our community behaves in the coming years will be crucial to our survival in a multicultural state, a multiculmral nation, a multicultural world. Our workforce in Iowa is dwindling. And to add to the difficulties, our city, state, and nation live under a cloud of "isms." The Governor has challenged us to seek out and embrace diversity. The National League of Cities has challenged us to play our part in undoing racism. Here in Dubuque, we need to create a community atmosphere that welcomes diversity. We need to create a community where people of different backgrounds want to come and want to stay. On a community-wide basis we need to begin asking ourselves: Do we consider the various cultures than inhabit our community when we sponsor recreational, social, and cultural events? Do we make information readily available in other languages? Do we reach out to new residents of all kinds in an effort to help them find jobs, housing, medical care, and other services they need? Do we strive to conduct business, of whatever kind, in a manner that is conducive to the participation of all? Certainly Dubuque has made some strides in the past decade. In this new century, let us all work together on the task of creating a culturally welcoming community. Respectfully submitted, Human Rights Director Commission and Staff HUMAN RIGHTS COMMISSION July 1, 1999 - June 30, 2000 Thom Determan, Chairperson Kathy Blau, Vice Chaff Ruby Sutton Evelyn Jackson Many O'Shea Kathy Stevens Raydora D~mmer Judy Giesen Charles Ryan ADMINISTRATIVE STAFF Kelly Larson, Hnman Rights Director William G. Blum, City Solicitor Carol Sp'moso, Intake Spec'mlist Overview of the Commission COMMISSION The Dubuque Human Rights Commission was created in 1967 by passage of the Dubuque Human Rights Ordinance. It consists of 9 members serving 3-year terms at City Council appointment. In addition to establishing overall policy, the Commission works closely with the staff in evaluating community needs and taking appropriate action to satisfy those needs. Regular commission meetings are held at 4:15 p.m. on the second Monday of each month. Special meetings are held as needed. AGENCY STAFF The Dubuque Human Rights staff consists of two full-lime employees and two part-time employees. The full-time employees include a director and intake specialist; the part-time employees include the City Solicitor and a seasonal legal intern. They handle the day-m-day activities involving investigation, mediation/conciliation, public education, and interaction with other depamnents and agencies. The director reports directly to the City Manager. MANDATE The Commission's mandate is to elim/nate discrimination in the ar~- ~ ....... ~,~ u~ ~mptoymem, housing, public acCommodation, credit, and education on the basis of age, race, sex, disability, creed, color, national origin, religion, familial status (in housing only), or marital status (in credit only). The authority and responsibility is granted through Chapter 27 of the Code of Ordinances of the City of Dubuque, Iowa. Caseload Statistical Data Charge # Date Status Ty~e 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 3894 3895 3896 3897 3898 3899 3900 39~ 3902 3903 3904 3905 3906 3907 3908 3909 3910 39n 3m2 3m3 3m4 3m5 3m6 3m7 07/16/99 07/19/99 07/30/99 09/08/99 09/23/99 10/29/99 12/01/99 12/03/99 12/03/99 12/03/99 01/13/00 02/29/00 03/14/00 04/06/00 04/06/00 04/12/00 04/27/00 04/26/00 05/17/00 05/23/00 05/23/00 06/13/00 06/13/00 06/16/00 No Probable Cause No Probable Cause Mediated No Probable Cause No Probable Cause Administrative Closure No Probable Cause Under Investigation Mediated No Probable Cause No Probable Cause No Probable Cause No Probable Cause Under Active Investigation Right-to-Sue No Probable Cause No Probable Cause Under Active Investigation Under Active Investigation Under Active Investigation Under Active Investigation Under Active Investigation Under Active Investigation Employment/Race Employment/Sex (Pregnancy) Employment/Age Public Accommodation/ National Origin Employment/Race Employment/Age Housing/Race Employment/Sex/Retaliation Employment/Disability Employment/Age Employment/National Origin Employment/Race/Retaliation Employment/Race/Retaliation Employment/Race/Sex Employment/Disability Housing/Sex Housing/Disability Employment/National Origin Employment/Disability Housing/Race Housing/Race Employment/Race Housing/Race Employment/Age Case Resolutions TYPE OF CLOSURE NO. % Mediated / conciliated .................... 4 ....... 25 % Probable cause ............................ 1 ....... 6% Administrative closure .................... 2 ....... 12 % No Probable Cause closure ............... 9 ....... 56% Right-to-Sue ............................... 1 ....... 6% Withdrawal ................................. 1 ....... 6 % Total monemxy awards: $ 50,500 $ 220,000 $ 200,000 $180,000 $16o;ooo $14o,ooo $120,000 $100,000 $ 80,ooo $ 6o,ooo $ 4o,o00 $ 20,000 Monetary Awards 1997 1998 1999 FISCAL YEAR 200O Cases Closed/ Cases Resolved FY 1999-2000 EMPLOYMENT ............................................................. 12 Disability .................................. National Origin ...................................................... 1 Retaliation ............................................................ 0 PUBLIC ACCOMMODATION ............................................. 1 Disability ............................................................. 0 Sex .................................................................... 0 Age ................................................................... 0 National Origin ...................................................... 1 HOUSING ................................................................... 3 o Disability ............................................................. 0 Age ................................................................... 0 National Origin ................. Familial Status ................... Intimidation ...................... Retaliation ............................................................ 0 TOTAL NUMBER OF CASES RESOLVED/CLOSED .................. 16 * Casesfiled in one area (i.e. employment) may have alleged discrimination on one or more bases (i.e. sex and age); therefore the total by basis may be greater than the number of cases by area. Office Case Report CASE LOAD REPORT Fiscal Year 2000 has come and gone. With its passage, many accomplishments were xealized by staff. There were 24 new complaints filed, while 16 cases were administratively closed. There were 577 additional informal complaints, or intakes, handled by staff without the need for a formal complaint being filed, bcinging the total number of intakes to 601. 10 2000 & Cases Filed ~ · Cases filed : 2 ' \ ! Themajorityofthecasesfiledwereintheareaofemployment. Iffact, 71% ofthe24casesfiled . in FY 2000 were in the area of employment. The area of housing, meanwhile, accounted for 25 %, and public accommodation 4 % of the total cases filed. This breakdown is consistent with past years' filings, as employment has comprised the largest share of the breakdown in past years as well. 2000 Case Breakdown by Area 71% ~2:5% 4% · Employment ~ Housing · Public The basis of race encompassed the greatest share of the 24 cases filed in Fiscal Year 2000, with sex, age, and disability comprising equal shares. 2000 Case Breakdown by Bases 13% 17% 13% 17% · Sex O Race · Disability · National Origin · Age · Retaliation 42% 17% * Cases filed in one area (i.e. employmen0 may have alleged discrimination on more than one basis (i.e. sex and age); therefore the percentages for case breakdown by bases total more than 100 %. Employment P~blic 3mcommodation Housing 2000 Breakdown of Cases Into Bases of Discrimination · Disability [] Sex I []National Origin · Retaliation I I Familial Status 60t 598 594 i 573 611 2O00 Intake Summary [] Forlllal Coffiplainm · Resolved/Referred · Current Year 2000 1999 t998 1997 1996 45 I 40 35 30 25 20 15 10 5 Employment Public Accommodation Housk~g 1996 - 2000 Formal Cases Filed: Yearly Trends 2000 Breakdown of Cases into Areas of Discrimination AREA FY 1998 FY 1999 FY 2000 EMPLOYMENT ........................................... 32 ............... 26 ............... 17 Disability ........................................... 11 ................ 6 ................ 3 Sex .................................................. 8 ................. 12 ............... 3 Race ................................................ 6 ................. 6 ................ 6 Age ................................................. 5 ................. 1 ................ 4 National Origin .................................... 1 ................. 1 ................ 2 Retaliation ............... 1 ................. 5 ................ 3 PUBLIC ACCOMMODATION ........................... 3 ................. 4 ................ 1 Disability ........................................... 1 ................. 1 ................ 0 Sex .................................................. 0 ................. 0 ................ 0 Race ........................................... 2 ................. 2 ................ 0 Age ................................................. 0 ................. 1 ................ 0 National Origin .................................... 0 ................. 0 ................ 1 HOUSING .................................................. 4 ................. 5 ................ 6 Disability ........................................... 1 ................. 2 ................ 1 Sex .................................................. 1 ................. 0 ................ 1 Race ................................................ 2 ................. 3 ................ 4 Age ............................................ 0 ................. 0 ................ 0 National Origin .............................. 0 ................. 0 ................ 0 Familial Status ................................. 0 ................. 0 ................ 0 Intimidation ........................................ 0 ................. 1 ................ 2 TOTAL NUMBER OF CASES FILED .................. 39 ............... 35 ............... 24 Case Settlement Scenarios A male alleged that he was discriminated against in employment on the basis of a disability when the Respondent's company physician perceived and regarded the Complainant as having a substantially limiting impairment, when in fact the Complainant had no restrictions at all placed upon him. The parties agreed to mediation, and a no-fault settlement was entered into prior to an investigation being conducted. The Respondent offered the Complainant the next available job opportan/ty. A female alleged that she was the victim of sexual harassment at her place of employment. She also alleged that she was retaliated against after complaining of the inappropriate conduct. She claimed that co-workers made inappropriate sexual comments and innuendos, and that a manager asked her to show her breasts to another employee so that he could take a picture for his collection. She alleged that the same man~xger also had asked her to buy clothes and then try them on for him, and invited her to go hot tubbing in the nude at the home of another employee. The Complainant complained about the unwelcome comments, but the sexual comments continued. The Complainant was suspended for three days. She later resigned. The Administrative Law Judge found probable cause to believe that discrimination had occurred. The case was conciliated, with the Complainant receiving $20,000. A female claimed that she was discriminated against in the area of employment on the basis of her age. She alleged that she was told by younger managers that the store she managed wasn't any fun and that the music needed to be louder. She also alleged that management told her to take her current employees, all whom were over 40 years of age, off of the schedule and replace them with new employees. The Complainant refused. She alleged that management then took her hiring and scheduling duties away, giving them to a younger assistant manager. The younger manager replaced the older workers with new employees, all who were in their early 20's and poorer in sales than the older employees taken off of the schedule. The Complainant alleged that she was treated differently than a younger manager when the Complainant was terminated for breaking one company policy, while the younger manager had breached company policies on several occasions with no action being taken against her. The parties agreed to mediation, and settled for $30,500. Commissioner Corner Personal Reflections KATHY BLAU As I reflected on the past year, I thought about my personal activities that related to the work of the Human Rights Commission. My memories of recent travel to Washington, D.C. jumped to the forefront of my mind. In the past eight months, I have traveled to Washington, D.C. twice, once for vacation and once for business. I reveled in the color, ethnicity, and languages of my fellow passengers on the D.C. Metro System. I questioned the lack of public transportation to the Franklin Delano Roosevelt Memorial. I was moved by the power of images and sounds at the Holocaust Museum. So, what does this have to do with the Dubuque Human Rights Commission? I feel that the time spent in the vibrant diversity of our nation's capital helped me raise questions about the work that has been done and could be done in Dubuque. Such as, what problems with public access impede our disabled or elderly citizens from participating in special events. Or, when will a different face, belief, or voice not be so unusual? Or, when will programs sharing cultural history be common and well-attended? To me, it seems that Dubuque has come a long way due in both small and large parts to the work of the Dubuque Human Rights Commission. We can be proud of the advances that have been made and can relish the challenges to be met. We have only just began... JUDY GIESEN How do you form a visual image of human rights? How do you put a finger on what the Human Rights Commission is all about? For example, when visualizing the Airport Commission of the City of Dubuque, I think of planes and runways. When I think of the Historic Preservation Commission, I visualize the Stout House or the old houses in Cable Car Square. The Community Development advisory Commission allocates funds for worthy projects, so I think of money! But Human Rights? Human rights are more a state of mind - something correct in relationships with people. (Not exactly concrete!) How does one visualize the very soul of a city, a spirit of hospitality and inclusivity, a place that people like to visit or live because of the friendliness shown to them? Like every city commission, the Human Rights Commission is an advisory body to the Human Rights Office. But over and above examining the human rights city ordinance, and being involved in an occasional court case, this working commission puts its energy on the "project" of furthering human rights. That's why it was interesting to experience our annual goal-setting, which has been in process for three months. "Advisory" is in the mix, yes. But there is another big "A' that surfaces in our commission goal~setting. In the process, I have noted the word "Awareness" several limes. · Awareness of fair housing for people with disabilities. · Awareness of women's rights and how to build correct attitudes in the workplace, especially regarding sexual harrassment. · Awareness of and friendly Attitudes toward others who may not yet enjoy equal rights. So, we sign up for small committees and move again toward that intangible goal of Awareness. Especially energizing to me are a couple of goals which will further the quest for human rights: the upcoming biennial Human Relations Conference, this year called "Faces and Voices: a Cultural Celebration," will once again pull out all the stops as it has since 1992. The keynote program will be Judy Shepard, who has taken on a national effort to stop hate crimes toward gays and lesbians after her son was murdered in Wyoming because of his sexual orientation. Chicago African American artist, Salena, will return to regale students in Dubuque schools with her intriguing mask art. An all-city, free jazzfest will draw people to Five Flags for a night of multicultural music, food and fun. Another intriguing goal is the effort of the commission and the office to produce made-for-TV/radio spots about human rights. In 2001, we'll also sponsor a banquet and give the Shining Moment Award to a worthy citizen and business. It has been suggested that we offer free Spanish classes to citizens, to give just enough knowledge about the language so that we can meet and greet our new Hispanic neighbors with more warmth and hospitality. No, we can't see or touch human rights. But we know when they're there, when they exist in our environment. Dubuque continues to grow in this Awareness. And it gives me great satisfaction to be a member of a commission that wants to further that Awareness in the City of Dubuque. KATHY STEVENS During the past month, I have read two unfinished books, one by Hemmingway, and the other by Ralph Edison. Each were based on notes, or pages left behind. Each contained the author's authentic thoughts, words, phrases, but remained unfinished. As a reader I felt cheated of knowing their minds, of knowing how all this fit together, of knowing. I wonder, if sometime in the future others will look at our notes, mfleetions, laws, ordinances, those things accepted, those things denied, and wonder about us. W'fll our work be complete? Will they be left wanting to know? The other part of me knows that nothing is static. Times change, people change, officials, commissioners change. More importantly, I hope, we move on. Those furore some ones should be able to look at our work and say it can't be finished; it is no novel, but life, and life is a constant state of flux. As I think about the future of Dubuque, I see so much to be proud of: Ruby Sutton and others who represent all that is good about us; the Riverboat Museum, which represents all that is to come; and new business with their need for employees, which will be part of the change. I hope we continue to foster and reward individuals like Ruby Sutton. I am proud of the work the Shining Moment Award does in recognizing people and organizations that make a difference to our quality of life. I hope museums and businesses continue to draw people form all over the world into our community, and that we grow, not so much in size, as in diversity. I've always envied Iowa City because of the diversity of population, and languages. I long to see our streets filled with clothing and languages from distant lands. I hope we will be ready. I plan to do my best to help our city meet the challenge of visitors and immigrants, welcoming them all to the richness of our rivers and bluffs. In addition to these challenges, we need to work on the disparity of income. When new homes are being built for $150,000 and more, the question is where do the other people live? Can one own a home making $8.00 an hour? Will this be one of those things, those furore people will look at and say our work is unfinished? I don't want to be a character in an unfinished novel, or in real life. I hope we continue to change, to flux toward welcome and prosperity for all. THOM DETERMAN The physical face of Dubuque is changing. The addition of new highway and buildings is evidence of growth and transition. Certainly the riverfront initiative is an exciting phenomenon for the entire community. All these developments are bringing people, both returnees and new residents, to our wonderful city. As a result, our social and demographic "face" is changing as well. The increase in the number of Bosnians and Latinns is evident. The migration of African Americans from larger cities is a trend that continues now for most of the past decade. New business and technology brings us people of all backgrounds to reside in the many neighborhoods nested between our famous bluffs. As a Commissioner and chair of the Human Rights Commission during the past year, I bring mostly positive feelings to this summary of the year. Many of the developments of the past year have been very instrumental in making Dubuque a slightly more culturally responsive city. For to be culturally responsive is to live up to our stated commitment of equality under the law, expanded oppommity and a greater enthusiasm, demonstrated in our language and behaviors, to understand and enjoy human diversity. The commissioners took the time this year to educate themselves further on issues of ethnicity, the evidentiary nature of discrimination cases and the features of conducting a civil rights public hearing. The commission, in concert with the excellent Human Rights Department staff, also took the message of civil and human rights into many venues and with various messages. I-llghlights of these activities include: · public workshops on fair housing, disability law and sexual harassment; · collaboration with the NAACP on the activities to honor Dr. Martin Luther King; · school based workshops on disability awareness/skills for the Dubuque Community School District; · commissioner involvement in a city-wide anti-violence workshop at Loras College; · full involvement in City Expo; · full support for the Dubuque Dispute Resolution Center and the Dubuque Citizen Advisory Council; · the decision to continue a new tradition, the hosting of a biennial Human Rights banquet, to celebrate our work and continue our education. While these events all are noteworthy, this year was special in one more way. With the Leadership of Commissioner Judy Giesen, the City submitted an application for and was awarded the Prism Award by the Governor of Iowa during the Faces and Voices conference in the fall of 1999. What a truly outstanding honor for our city. What powerfi.d evidence that we have grown since the early 1990's. While we have grown, there is additional need to insure the rights of all citizens. One disappointment for me was the City Council's decision not to allow discussion of the Commission's proposal to add sexual orientation to the categories included in the anti-discrimination ordinance. I can understand sincere people disagreeing on this issue. I have a harder time understanding how no discussion of the issue brings insight and understanding of the issue. Over time I hope this discussion will take place. Dubuque seeks to be a place that is hospitable, welcoming and inclusive for all people. This year we took many steps in that direction. In my view, we missed one important one. ! Education and Outreach 07/27/99 09/08/99 09/16/99 09/22/99 09/24/99 09/28/99 10/14/99 10/13/99 10/1999 11/99-2/00 The Director spoke to Undergraduate students at Clarke College on Sexual Harassment and the functions of the Dubuque Human Rights Commission. Approximately 80 people attended a general landlord/tenant conference held on September 8, 1999. Agenda topics included: Fair Housing Basics; Occupancy Standards; Unequal Treatment (testing); Racial and National Origin Issues; Disability Issues; followed by a panel discussion and question & answer segment. Following the conference, the City Solicitor facilitated a meeting of various disability group advocates regarding the possibility of forming one cohesive disability advocacy group in Dubuque. The Director spoke to the University of Dubuque Human Resource Managers class on Affirmative Action and anti-harassment and equal employment. The Director distributed brochures and promotional items during the Clarke and Loras College Community Service Fair. The Director was the guest speaker at the University of Iowa Law School Public Interest Pep Rally focusing on the functions of the Human Rights Office. Volunteer mediators gave a presentation on the Dubuque Dispute Resolution Center to members of DACU. A Commissioner spoke to a MulfiqCulmral Education Class at Lores College on the Human Rights Commission and its powers and duties. The Director spoke to members of the Dubuque Area Mortgage Lenders Association on fostering low-moderate income lend/rig. The Director wrote an article giving general information of the coverages of the Human Rights Dept. The Director and City Solicitor presented 27 disability awareness workshops to Dubuque Community School teachers and administrators. Education and Outreach (cont3 12/07/99 01113100 02/11/00 02/16/00 03/2000 03/9/00 03111100 03113/00 3/21-22/00 A volunteer mediator spoke to NICC students on the Dispute Resolution Center and the importance of verbaVnonverbal communication and listening skills in conflict resolution. The Director provided a brief overview of the Human Rights Department for the Tri-State Human Resource Association. The Director participated in the Housing Action Conference sponsored by the Housing Deparmaont, developing an action plan for creating a Rent-to-Own Program that will increase affordable housing oppommities in Dubuque. The Human Rights Depmtaiem and the American Institute of Architects sponsored a conference on accessibility in architectural design. As part of a Lenten campaign, staff sent letters to Christian congregations suggesting people "give up prejudice" for lent. The Director participated in a panel discussion on landioreVtonant rights and responsibilities. The program, sponsored by the Iowa Volunteer Mentor Program, was an informational meeting featuring a panel of experts from local housing programs, Legal Aid, and the city Human Rights Deparmient. The Director and City Solicitor presented segments on fair housing, tenant screening, and the functions of the Dubuque Dispute Resolution Center at the Iowa Crime-Free Multi-Housing Workshop. Additionally, the effects that fair housing has on crime-free property management and the business of multi-family dwellings were examined. Approximately 30 people were in attendance. The Commission invited Hispanic and Bosnian community liaisons to share their experiences in adjusting to life in Dubuque. They were asked to identify any barriers in the areas of housing, public accommodation, employment and education. The Director and City Solicitor presemed sexual hamssmem training for managers and supervisors at Farmland Foods. Education and Outreach (cont.) 03/29/00 04/2000 04/2000 04/20/00 04/21/00 04/22/00 06/15/00 06/2000 The Director spoke to the Sertoma Club about the Dubuque Dispute Resolution Center. Staff developed and distributed a new fair housing informational booklet. The Director wrote an article for the Telegraph Herald on the benefits of mediation. As part of Fair Housing Month, the City Solicitor presemed a fair housing segment to the Dubuque Board of Realtors. There were 25 people in attendance. The Director spoke to the Chamber of Commeme Leadership Dubuque class on current haman rights issues in Dubuque. A mediator from the Dispute Resolution Center gave a presentation during a seminar on Strategies to Stop Youth Violence sponsored by the Mental Health Association of Dubuque County. The Department co-sponsored a program entitled, "For All the Right Reasons: Mulfifamily Housing Accessibility,' with the Iowa Civil Rights Commission. The city's Neighborhood Specialist and several neighborhood groups are working to establish a Tenant Association. As a result of those meetings, they have requested that the Director present another Renters Roundtable in September 2000. Members of the Dubuque Dispute Resolution Center Michael %~hlker Robert ~a~er Harry Neustadt Thom Dctennan Sandy Moore Randy Roy Steve Peterso~ Doroflr~ Curo~n Cynthia Sanders Anthony Allen Hiram Melendez Roger Maiers Judi Cart Carol Friedma~ DDRC '99-'00 Monthly Statistic Report Mediation declined at intake stage 3 1 1 2 1 1 1 1 1 5 1 Mediation scheduled but one party later declined 2 Resolved prior to mediation Actual mediations Success. 2 1 1 4 1 2 2 held: Unsuccess. Number of intakes received 6 1 4 3 2 3 1 1 3 9 2 ~ Complaint Process A complaint is flied when a person feels that he/she is the victim of unlawful discrimination. A complainant may ftc a complaint with the Human Rights Depar~ent wjthi,a 180 days of the alleged discriminatory act. Any of the Depamnent's staff can perform the intake interview establishing that the Department has authority in the matter (jurisdiction and gathering the necessary information about the alleged act, such as time, place, the person(s) involved, and the details of the act). Note that the complainant has the right to withdraw the complaint at any time. A Respondent is notified once jurisdiction is established and intake is completed. A Conciliation Conference is encouraged at this time because it offers all parties the possibility of a speedy and satisfactory resolution. If conciliation fails, the Dkector begins an investigation. An investigation can include field investigations, site visits, interviews with wimesses, and document ex~mination; face-to-face meetings with both the complainant and the respondent to discuss the complaint and gather facts. Probable Cause is determined at the end of the investigation by a Probable Cause Hearing Officer. If the facts/evidence support the charge, a determination of prebable cause is issued. If the evidence does not support the charge, a determination of No Probable Cause (NPC) is issued and the case is then dismissed. The complainant can request a motion m reopen the case if he/she feels the NPC is in error. A post probable cause conciliation is undertaken to try and bring the Complainant and the Respondent to a mutually agreeable arrangement saving all pardes time, and possibly, legal fees. The pre-hearing conference is intended to determine whether or not die case needs to proceed to public hearing. The Public Hearing is presided over by an Administrative Law judge and two commissioners. At the hearing, the complainant is often represented by the Commission attorney or by private counsel. The respondent is on the other hand represented by private counsel. The facts of the case are presented to the hearing panel. A Recommended Order is issued by the hearing panel if no conciliation is reached before the hearing concludes. The order will either find discrimination has occurred, and order the complainant "made whole" for what was lost due to the discriminatory act, or dismiss the case. The full Commission reviews the recommended order and the record of the hearing. If the Commission finds that discrimination has not occurred, the case is dismissed but if the finding is that discrimination has occurred, the respondent is ordered to take appropriate action to redress the effects of the discrimination. The commission may order employment, promotion, raise, back pay, letter of reference, housing, credit, formal apology, a change in the respondent's policies, and cash awards in compensation for humiliation, suffering, and mental anguish. Both the complainant and the respondent can appeal the Commission's order within 30 days to the courts. Intake Interview A Complaint is Filed (Must be within 180 days of the alleged unlawful discrimination.) Respondent is Notified (The person or entity whose action is the subject of the complaint.) Mediation Conference (If agreed to by both sides.) Investigation [ Determination Post-Probable Cause Conciliation Effort Pre-Hearing Review Public Hearing (Held before au Administrative Judge and two commissioners.) Recommend Order O:'repared and sent to the full Commission. Commission's Order After Hearing (No discrimination found - case dismissed OR Discxfmination found - corrective action ordered.) Court Appeals Intake Interview A Complaint is Filed (Must be within 180 days of the alleged unlawful discrimination.) Respondent is Notified (The person or entity whose action is the subject of the complaint.) Mediation Conference (If agreed to by both sides.) Investigation Determination Post-Probable Cause Conciliation Effort (Conducted by the Department.) Pre-Hearing Review Public Hearing (Held before au Administrative Judge and two commissioners.) Recommend Order (Prepared and sent to the full Commission. Commission's Order After Hearing (No discrimination found - case dismissed OR Discrimination found - corrective action ordered.) Court Appeal 2 Cmaplaiuaut or Respond~t can appeal the decision to the District Courts withiu 30 days. City. of D. ub.uque Organizational Chart Corporation Counsel -- Library -- City Clerk Airport Assistant City Manager -- I -- Public Information Officer Administrative Services Manager Budget Cable TV Emergency Communications Building Community & Finance Fire Health Housing Human Safety Economic Department Department Services Services Rights Department Development Department Department Department I Operations & Planning Police Public Works & Water Water Department Transportation Department Pollution Department Control Engineering Department Human Rights Department 1300 Main Street Dubuque, Iowa 52001-4732 (319) 589-4190 Phone (319) 5894193 TDD (319) 589-4299 FAX