Human Rights 2001 Ann ReportCITY OF DUBUQUE, IOWA
MEMORANDUM
December 11, 2001
TO: The Honorable Mayor and Members of the City Council
FROM: Kelly Larson, Human Rights Director
SUBJECT: 2001 Annual Report
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.
Honorable Mayor and City Council:
It is with pleasure that I submit the 2000-2001 Annual Report of the Dubuque Human Rights Commission.
As you will note in the following pages, we have significant successes to celebrate this year.
On the community front, we have engaged in more than thirty outreach and education activities, many
of which reached large numbers of people. Most notably, we partnered with Clarke College and the
Dubuque Community School District to hold a diversity forum called Dubuque: Everyone's Neighborhood.
This initiative, which began as an effort to obtain community input regarding ways in which we might
become a more culturally responsive city, has blossomed into a community-wide initiative and the formation
of a new partnership: Dubuque 365/Everyone's Neighborhood. This initiative is a concerted effort to
welcome people of all backgrounds to our city and work with them to meet their needs and improve their
quality of life.
We have also made significant strides with our human rights efforts within the City structure. We have
updated the City's Equal Opportunity and Affirmative Action Program in compliance with federal contract
requirements. We continue to work diligently to insure equal access to city services for people with
disabilities. We also anxiously await the completion of the Department's web site, Which will provide
unprecedented access to human rights information and materials for the general public.
Finally, our caseload statistics are up slightly from last year, with the bulk of our claims continuing to
be in the area of employment. The number of sex discrimination claims nearly doubled over last year,
with the number of race discrimination claims dropping by almost half. Disability discrimination claims
increased slightly. Nationally, race discrimination claims are most prevalent, followed by sex discrinfination
claims, and disability claims.
Here in Dubuque, we are well on our way to creating a community atmosphere that welcomes diversity.
Particularly through the Dubuque 365/Everyone's Neighborhood partnership, we will create a community
where people of different backgrounds want to come and want to stay.
Respectfully submitted,
Kelly Larson
Human Rights Director
Annual Report
Dubuque Human Rights Commission
July 1, 2000 - June 30, 2001
CASELOAD STATISTICAL DATA
Charge # Date Status Type
1. 3918 07/02/00
2. 3919 08/04/00
3. 3920 08/24/00
4. 3921 08/31/00
5. 3922 09/06/00
6. 3923 09/08/00
7. 3924 09/12/00
8. 3925 09/15/00
9. 3926 11/17/00
10. 3927 11/19/00
11. 3928 01/12/01
12. 3929 01/20/01
13. 3930 02/01/01
14. 3931 02/02/01
15. 3932 02/12/01
16. 3933 02/15/01
17. 3934 03/02/01
18. 3935 03/15/01
19. 3936 03/20/01
20. 3937 04/11/01
21. 3938 04/17/01
22. 3939 04/18/01
23. 3940 05/08/01
24. 3941 05/09/01
25. 3942 05/22/01
26. 3943 05/22/01
27. 3944 05/23/01
28. 3945 06/12/01
29. 3946 06/15/01
Probable Cause/Right-to-Sue
No Probable Cause
Conciliated
Under Active Investigation
No Probable Cause
No Probable Cause
No Probable Cause
Mediated
Under Active Investigation
Under Active Investigation
Mediated
Under Active Investigation
Right-to-Sue
Under Active Investigation
Withdrawal
Under Active Investigation
Mediated
Under Active Investigation
Under Active Investigation
Under Active Investigation
Under Active Investigation
Under Active Investigation
Under Active Investigation
Under Active Investigation
Under Active Investigation
Under Active Investigation
Mediated
Under Active Investigation
Under Active Investigation
Employment/Sex/Retaliation
Employment/Sex
Employment/Sex
Employment/National Origin
Employment/Retaliation
Employment/Sex
Employment/Sex
Employment/Disability
Employment/Sex
Employment/National Origin
Housing/Disability
Employment/Age
Employment/Sex/Retaliation
Employment/Disability
Employment/Age
Employment/Sex
Employment/Sex/Retaliation
Employment/Disability/
Retaliation
Employment/Sex
Employment/Race
Employment/Sex
Employment/Race
Employment/Race
Employment/Race
Housing/Race
Housing/Race
Employment/Disability
Employment/Disability
Employment/National Origin
CASE RESOLUTIONS
Type of Closure
Number Percentage
Mediated/Conciliated 6 26 %
Probably Cause 3 13 %
Administrative Closure 1 4%
No Probable Cause Closure 12 52%
Right-to-Sue 3 13 %
Withdrawal 1 4 %
Total Monetary Awards: $28,625
MONETARY AWARDS
$ 220,000
$ 200,000
$180,000
$160,000
$140,000
$120,000
$ lOO,OOO
$ 80,000
$ 60,000
$ 40,000
$ 20,000
$o
1998
1999 2000
Fiscal Year
2001
CASES CLOSED/RESOLVED
EMPLOYMENT ........................................................19
Disability ......................................................... 4
Sex ................................................................ 8
Race ............................................................... 5
National Origin .................................................. 1
Retaliation ........................................................ 5
PUBLIC ACCOMMODATION ...................................... 0
Disability ......................................................... 0
Sex ................................................................ 0
Race ............................................................... 0
Age ................................................................ 0
National Origin .................................................. 0
HOUSING ................................................................ 4
Disability ......................................................... 2
Sex ................................................................ 0
Race ............................................................... 2
Age ................................................................ 0
National Origin .................................................. 0
Familial Status ................................................... 0
Intimidation ...................................................... 0
Retaliation ........................................................ 0
TOTAL NUMBER OF CASES RESOLVED/CLOSED .......... 23
* Cases filed 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
Fiscal Year 2001 has come and gone. With its passage, many accomplishments were realized by staff.
There were 29 new complaints filed, while 23 cases were administratively closed. There were 524
additional informal complaints, or intakes, handled by staff without the need for a formal complaint being
filed, bringing the total number of intakes to 553.
6
5
4
3
2
1
2001 Cases Closed & Cases Filed
· / ~mm
\ /
mm / ~ mm / , ,,
",,I ~ ," I / ~
~ ~" ;.,, ,,
/ '{ :' , ',,,
mi/ \ ,/im mm mi m
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· Cases Closed
· Cases Filed
OFFICE CASE REPORT
The majority of the cases filed were in the area of employment. In fact, 90% of the 29 cases filed in
FY 2001 were in the area of employment. The area of housing, meanwhile, accounted for 10% 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.
2001 Case Breakdown by Area
9O%
10%
Employment
Housing
The basis of sex encompassed the greatest share of the 29 cases filed in Fiscal Year 2001, followed by
disability and race.
* Cases filed in one area (i.e.
employmenO 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.
10%
17%
7%
24%
2001 Case Breakdown by Bases
38%
Sex
· Race
· National Origin
· Retaliation
· Age
21%
OFFICE CASE REPORT
2001 Case Breakdown by Bases of Discrimination
12 [] Disability
108 ~l~l/ Sex
6 ! I Race
4 [] Age
2 [] National Origin
~ [] Retaliation
Employment Housing
[] Current Year
Formal Complaints
[] Resolved/Referred
700
600
500
400
300
200
100
29
2001 Intake Summary
24 35 39 46
2001 2000 1999 1998 1997
1997-2001 Formal Cases Filed: Yearly Trends
45
40
35
30
25
20
15
10
5
[] 2OOl
2OOO
[] 1999
[] 1998
1997
Employment Public Accommodation Housing
BREAKDOWN OF CASES INTO
AREAS OF DISCRIMINATION
AREA FY 1999 FY 2000 FY 2001
EMPLOYMENT ..................................... 26 ................ 17 ................ 26
Disability .......................................... 6 .................. 3 .................. 6
Sex ................................................. 12 ................ 3 .................. 11
Race ................................................ 6 .................. 6 .................. 4
Age ................................................. 1 .................. 4 .................. 2
National Origin .................................. 1 .................. 2 .................. 3
Retaliation ........................................ 5 .................. 3 .................. 5
PUBLIC ACCOMMODATION ................... 4 .................. 1 .................. 0
Disability .......................................... 1 .................. 0 .................. 0
Sex ................................................. 0 .................. 0 .................. 0
Race ................................................ 2 .................. 0 .................. 0
Age ................................................. 1 .................. 0 .................. 0
National Origin .................................. 0 .................. 1 .................. 0
HOUSING ............................................. 5 .................. 6 .................. 3
Disability .......................................... 2 .................. 1 .................. 1
Sex ................................................. 0 .................. 1 .................. 0
Race ................................................ 3 .................. 4 .................. 2
Age ................................................. 0 .................. 0 .................. 0
National Origin .................................. 0 .................. 0 .................. 0
Familial Status ...................................0 .................. 0 .................. 0
Intimidation ....................................... 1 .................. 2 .................. 0
TOTAL NUMBER OF CASES FILED .......... 35 ................ 24 ................ 29
CASE SETTLEMENT SCENARIO
A couple alleged that they were discriminated against in the ama of housing on the basis of disability
when the property manager refused to rent to them. Upon viewing the apartment, the husband disclosed
his wife's disability, with the property manager responding that the apartment building was not equipped
with things for special needs people. He stated that no modifications would be needed for his wife to
live there. The couple had expressed their desire to rent the apartment, but the property manager allegedly
put them off and didn't return their phone calls. The parties agreed to mediation, and settled for $1,125.00.
The Respondent further agreed to send their rental agent to fair housing training.
A female charged her employer with discrimination based upon sex. Specifically, the complainant alleged
that she was paid less than similarly or less qualified males, and that she was not given the same
opportunities to perform other work responsibilities as her male peers were. She additionally claimed
that she was required to perform significantly more clerical work than men with qualifications similar
to hers. The administrative law judge found probable cause to support that the complainant was the
victim of sex-based discrimination in the area of employment. The parties agreed to conciliate, and the
case was settled for $12,000. The respondent also agreed to arrange civil fights training for supervisors,
and to provide the complainant with an employment reference.
A male alleged that he was discriminated against in employment on the basis of a disability when his
employer abruptly informed him of his last day of employment. The employer stated that they were
changing his job description and they felt that he wouldn't be capable of performing the job requirements.
The complainant alleged he had performed those exact duties for four years without incident, and assured
the respondent that he was capable of performing the job duties. The employer advised him to complete
a job application for the position. The parties mediated, and the respondent agreed to retain the complainant
in his position.
Judy Giesen
COMMISSIONER CORNER
Never has the time-honored quote, "Thiak globally, act locally," meant so much to me. These weeks since
the terrorist attacks on the World Trade Center, the Pentagon, and western Pennsylvania have given the
saying a new and serious meaning.
Human rights issues have become clearer, mom universal. Locally, we have moved beyond the borders of
Dubuque and focused on national and world issues. I have become mom aware of those I must treat with
dignity and respect, especially those of a "different" creed, national origin and race.
On the day of the attacks, accusatory fingers were pointed at the Muslims and those of Arab descent. Since
then, mosques and individuals have been subjected to violent acts or subtle discrimination. One example
happened in my own family. On a business trip, my nephew Terry was marooned in the state of Washington.
Finally, on September 15 (the day most airports reopened) he was en route to Milwaukee. He said that
everyone, including himself, was uneasy when four decidedly Middle Eastern individuals boarded on the
Minneapolis-to-Milwaukee leg of the journey. Everyone stared. No one spoke to them. People moved to
other seats, away from the four. My nephew said he was nervous, but also felt empathy and compassion
for those being ostracized and avoided.
Mindful of his experience, I appreciate the recent words of Senator Tom Harkin: "We must not use these
events to paint with a broad brush all Muslims, those of Islamic faith or Arabic descent... They are proud
Americans who sham our outrage at what has happened. We must not compound the tragedies by creating
new victims today; victims of discrimination and even violence."
In a "broad brush" spirit, and in our own local way, members of the Human Rights Commission have tried
this year to understand and appreciate people who are new to our community and who aren't of the
predominant Irish/German descent. For example, one of this year's goals was to interact with three protected
classes. During one monthly meeting, we learned about the culture, art and local needs of the people of
the Marshall Islands. We also invited Sr. Jeanette of the Hispanic Ministry Office to one meeting to learn
about the Hispanics in our midst; several of us attended a Hispanic Mass and potluck on the feast of Our
Lady of Guadalupe.
Another effort was the production of 30-second videos, produced for local and regional TV, with the script,
"The world meets in Dubuque. Welcome your neighbors." Residents from Kenya, Greece, Spain, China
and Bosnia greeted viewers with a smile and a "hello" in their native language.
Although we don't have a large Muslim or Middle Eastern population, we trust that Dubuquers will be
warm and welcoming to those in our midst of this national origin and creed. In a global sense, may we
also be receptive to similar populations that we see in the world news.
Rising above harsh rhetoric, let us simply champion human rights and work for justice, here in Dubuque
and in the wider world. Let us spread the word that our world is good because of the work of our human
hands and the protection of the Yahweh, Allah, Great Spirit, God of us all.
Kathy Stevens
COMMISSIONER CORNER
The events of this past year seem to pale, after the events of this past month. Yet it is in that same past
month that I find hope and sense of direction.
Who could not beam with delight at Mary Van Milligen as she accepted the second annual "youth" Shining
Moment award. Service to St. Mark Community Center, as well as a myriad of other services, are the
hallmark of her young life.
Others also go beyond the norm, the necessary: St. Anthony Parish and their gifts and visits to a village in
Haiti, and Sr. Jeanette McCarthy and her work with the Hispanic community. These were only the best,
other nominations also gave hope. The woman who greeted the parish every Sunday, looking especially
for newcomers to her church. The remembrance of those who led the work in the early days of the Dubuque
Council for Diversity. And there were more.
On the other side of course were those who let religious beliefs, or patriotism destroy akcraft, the innocent,
and mosques. We forget the reprisals against the young Muslim girl, or the burning mosques. We should
not.
If Dubuque is really to become welcoming, it needs to learn to be friendly. It needs staff in restaurants who
treat all customers with a smile and swift service. It needs hotel personnel who keep rooms clean, and are
helpful to those who stay. It needs jobs that pay a living wage, affordable childcare, and recognition of all
its citizens. It needs handicapped accessible spots and buildings and apartment houses. It needs not to lump
all Asians in one basket, or all Jews, or all Arabs. It needs to accept that not everyone follows the same
religious ceremonies, though we all pray to the same God, if we pray at all. It needs to appreciate the variety
of languages, and realize that "youse" is not a word, as the plural of you is you. It needs to realize that
some of us are slower, faster, slimmer, fatter, darker, lighter, taller, shorter than others and that we are all
unique, worthy, and equal. To steal a phrase, that "all are created equal and endowed by their creator with
certain inalienable rights, that among these are life, liberty and the pursuit of happiness."
We need to remember that our ancestors came here from somewhere else for the same reason new people
come, for a better life for themselves and their family, and the freedom to work for a future. The only
people America belongs to are the natives, all of the rest of us are new, interlopers and change agents. The
beauty of America is its ability to grow and change. Without new, the old would become stale. While it
is perhaps the nature of humanity to fear change, change is what stretches us and what makes us better than
we ever thought we could become.
The other day I went for breakfast alone. A table filled next to me with about eight young adults, and three
children. The waitress was extremely patient when they told her they needed to have each person order
individually, so they could practice their English. That's what I'd like to see. Restaurants filled with
people from all over the world, and wait staff patient and kind, and welcoming them all to Dubuque.
Thomas Determan
COMMISSIONER CORNER
I write for the final time as a member of the Dubuque Human Rights Commission. I have gained much as
an individual, citizen and educator from my service on the Commission. In the six years of my tenure,
Dubuque continues to mature as a community in its recognition of the critical role language and behavior
plays in building a respectful community.
I wish to compliment the staff of the Human Rights Department. I have had the pleasure of working with
both Libbie Creger, and subsequent to her untimely death, Kelly Larson. The professional integrity and
commitment to human rights they both demonstrated, and continue to demonstrate, is superb. Their skill
in assisting Commissioners in doing our work has made the trips, meetings and communications a joy to
be a part of. In addition, Bill Blum is always available to provide keen legal insight into the Commission's
business and for this I am most grateful. Finally, Carol Spinoso is the nerve center of the Human Rights
Department. She handles the multiple tasks of the Commission, inquiries, DDRC and office management
with grace and class.
My work will continue to be in congruence with the work of the Department. In addition to my mission
as DCSD Equity Director, I have chosen to serve as chair of the Dubuque365/Everyone's Neighborhood.
This exciting initiative seeks to make Dubuque a city where everyone feels like a neighbor and is accepted
into the arms of the community's work, family and leisure activities.
In review of the work of the Commission, I believe we have advanced the community's consciousness of
human rights. Whether through the Faces and Voices events, the Human Rights Banquet, video promotions,
fair housing workshops, harassment workshops or the Shinirlg Moment Award, the community encounters
the work of the Department. Investigations are carried out without fanfare. Commissioner education and
planning are an ongoing expectation of all. Mediations settle small disputes before they explode into larger
confrontations.
It is my sincere hope that the City of Dubuque continues to take prudent risks to be a leader in the promotion,
maintenance and expansion of human fights to all citizens and residents of the place that is our neighborhood.
All of us, old and young, of various religions, ethnic groups, with a disability, gay or straight, men and
women, seek to be heard and seen as a person with dignity.
Finally I want to express gratitude to all the commissioners I worked with, both past and current. This group
of dedicated volunteers are to be commended for their dogged determination to protect the rights of all
people. I appreciate them all for the diverse viewpoints and skills they bring to the table each month.
Thank you for the opportunity to serve the City of Dubuque.
EDUCATION AND OUTREACH
8/iO/O0
9/26/00
10/00
10/24/00
10/29/00
11/7-10/00
11/3-11/18
11/6/00
1/26/01
1/30/01
The Director and two commissioners participated in "Vision 2000 Revisited," a video update of
where we stand today on reaching the diversity goals and objectives identified in the Vision 2000
document.
Renter's Roundtable. Representatives from Legal Services, Housing, Police, Human Rights, and
the Tenant's Association presented segments on fair housing laws, renter's rights and obligations,
programs offered through the Housing Services Department, and crime prevention.
The Department created a brochure, "When to Contact your Human Rights Office," in Spanish.
The Director gave a presentation on the truancy mediation process to the truancy task force.
A Fair Housing advertisement was placed in the Telegraph Herald.
Michael Seng from the John Marshall Law School Fair Housing Legal Support Center, trained
employees of various service agencies on fair housing issues.
Faces & Voices: A Cultural Celebration
- Diversity Can Enhance the Workplace
- Women's Issues Round Table Discussion
- New Faces and Voices
- Evelyne Villines speaking on disability issues
- Underground Railroad Play
- Dubuque Dispute Resolution Center - Mock Mediation
- Explore the State of Poverty
- Judy Shepard
- Sexual Orientation in the Workplace
- International Festival
The Director and City Solicitor presented sexual harassment training to the University of Dubuque
Theological Seminary's Sexual Harassment Response Team.
The Director met with counselors at Vocational Rehabilitation to discuss ADA issues.
The Director was a facilitator at the initial meeting of the Dubuque: Everyone's Neighborhood.
2/01
2/01
2/20/01
2/28/01
3/2/01
3/2/01
3/12/01
3/01
3/16/01
3/22/01
4/11/01
4/17/01
4/21/01
4/23/01
EDUC, ATION AND OUTREACH
The Department created a Guide for Complainants and a Guide for Respondents.
A Loras College intern presented a program she prepared on human rights and Dear Dr. King
to K-2 students at Prescott.
The Director spoke to the Women's Management Alliance on Recognizing and Preventing
Discrimination in your Organization
A commissioner spoke to fifth, sixth and seventh grade students at Aquin School on racism.
The Department co-sponsored the Immigrants in Our Midst seminar.
A commissioner spoke to members of the AAIJW on predatory lending.
The Commission invited Sr. Jeanette McCarthy and members of the Hispanic community to attend
the Human Rights meeting and discuss their experiences as immigrants in Dubuque.
The Director wrote an article for Julien's Journal entitled, "Dubuque: Everyone's Neighborhood."
The Director spoke to Friends of the Community at Finley Hospital on the Americans With
Disabilities Act.
The Director spoke to members of the Resurrection Parish Social Concerns Committee on "All
God's Children: Living Human Rights in our Community."
The Director spoke to the Sertoma Club about "Dubuque: Everyone's Neighborhood."
Two Dispute Resolution Center volunteer mediators presented a program on conflict resolution
skills as part of the Youth Leadership Conference.
The Director staffed the Dubuque Dispute Resolution Center booth at the Volunteer Fair at
Kennedy Mall.
The Director spoke to students at NICC on diversity in the workplace and the community
EDUCATION AND OUTREACH
5/14/01
The Commission invited two members of the Marshallese community to discuss their experiences
as residents of Dubuque.
5/16/01
The Director staff a booth at the North End Neighborhood Fair distributing human rights
information and promotional items.
5/t9/01
The Director and City Solicitor presented segments during the Crime Free Multi-Housing work
session for landlords.
6/18/01 The Director spoke to staff of the Dislocated Workers Program on human rights issues.
6/20/01 The Director spoke to the Westside Business Association on the human rights complaint process.
6/21/01
The Director staffed a booth at Embrace Dubuque Night. The focus was to provide information
to people new to the community and provide an opportunity to network and become more connected
to the community.
6/22/01 The Director spoke to the Friends of the Community on Dubuque 365/Everyone's Neighborhood.
STAFF/COMMISSION TRAINING
7/24-28/00 The Director, City Solicitor, Intake Specialist, Legal Intern, and three commissioners attended
mandatory HUD training in San Antonio, TX.
10/23/00 The Director and two commissioners traveled to Cedar Rapids to attend a diversity forum sponsored
by the Iowa Committee on Diversity.
11/28-
12/1/00
The Director and a commissioner traveled to Kansas City to attend mandatory HUD commissioner
training.
11/30-
12/3/00
A commissioner traveled to Philadelphia to attend a conference on Building Open and Thriving
Communities.
3/22/01
The City Solicitor attended a Regional Executive Council on Civil Rights meeting in Kansas City
to discuss a fair housing training proposal, how RECCR can be a better partner with HUD's
regional office to meet the fair housing mission, and the strategic plan for RECCR.
5/4/01
A commissioner attended a training session "Efforts to End Racism," sponsored by Church
Women United.
5/29-31/01 The Director attended the 18th Annual Upper Midwest Employment Law Seminar in Minneapolis.
DUBUQUE DISPUTE RESOLUTION
CENTER MEMBERS
Michael Walker
Robert Eager
Harry Neustadt
Dana Kisting
Michael Whalen
Thom Determan
Randy Roy
Steve Peterson
Colleen Hanson
Vincent Vanden Heuvel
Dorothy Culberton
Anthony Allen
Susan Barnes
Hiram Melendez
Roger Maiers
Ruby Sutton
Judi Carr
Carol Friedmann
Jean Schlueter
Sr. Francine Quillin
Thea Bach
DDRC MONTHLY STATISTIC REPORT
Mediation declined at intake stage
Mediation scheduled but one
party later declined
Resolved prior to mediation
Actual mediations held
Number of intakes received
Succ.
Unsucc.
5 1 1 2 2 2 1 14
1 1 1 3
0
2 1 3
1 1
1 5 2 3 1 0 0 0 3 3 4 1 23
Number oftruancymediations held: 36
CITY OF DUBUQUE
ORGANIZATIONAL CHART
ANIZATIONAL
CHART
Services
Manager
Corporation Counsel --
Library
Assistant City Manager __
Personnel Manag~}i;
Building
Services
Department
City ~¢rk
__ Public Information Officer
Neighborhood Development Specialist
i Finance Fire Health Housing Human
}}Department Department Services & Community Rights
Department Development Departme
Department
Information
Services
Department
Leisure
Services
Department
De~tment
Planning Police Public Works
Services Department Department
Department
W Water
De Pollution
Control
Department
COMPLAINT PROCESS AT A GLANCE
A complaint is filed when a person feels that he/she is the victim of unlawful discrimination. A complainant may
file a complaint with the Human Rights Department within 180 days of the alleged discriminatory act. Any of the
Department'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 complete.
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 Director begins an investigation.
An investigation can include field investigations, site visits, interviews with witnesses, documentation examination,
and 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 an administrative law judge (ALJ). If the facts/evidence
support the charge, a determination of probable 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
to 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 the parties time, and possibly, legal fees.
The pre-hearing review is intended to determine whether or not the case needs to proceed to public hearing.
The public hearing is presided over by an administrative law judge. At the hearing, the complainant is often
represented by private counsel. The respondent is represented by private counsel. The attorneys present the facts
of the case to the administrative law judge. The City Solicitor represents the public interest.
A recommended order is issued by the ALJ if no conciliation is reached before the hearing concludes. The order
will either fred 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)
If Unsuccessful
Investigation
·
Determination
Probable Cause
Post-Probable Cause Conciliation Effort
(Conducted by the Deparmaent)
If Unsuccessful
Pre-Hearing Review
Public Hearing
(Held before an Administrative Law Judge)
Recommend Order
(Prepared and sent to the full commission)
1 Complainant has 30 days to request,
in writing, a motion to reopen
2 Complainant or Respondent can appeal
the decision to the District Court within 30 days
(Case dismissed)
I
I
Commission's Order After Hearing I
(No discrimination found - case dismissed
I
OR
Discrimination found - corrective action ordered)
Court Appeal~ I