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Human Rights Report 2002MEMORANDUM December 4, 2002 To:The Honorable Mayor and Members of the City Council From:Kelly Larson, Human Rights Director Subject:2002 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. July 1, 2001-June 30, 2002 Dubuque Human Rights Commission Annual Report Honorable Mayor and City Council: The following pages contain this year's annual report of the work of the Human Rights Commission. I will highlight a few of our accomplishments in a moment, but I thought I would start with a reminder about the most important work that we do. Each day we respond to phone calls and visits from residents of our community. Behind each number in this report is a person who is seeking assistance. Sometimes the assistance lies elsewhere, sometimes there is no satisfactory assistance to be had, and sometimes we can offer assistance through our complaint system. But regardless of the individual outcome, perhaps the most important thing that we do each year is provide our residents the opportunity to be heard. For those individuals who express concerns that they have been illegally discriminated against, there is our enforcement process. This year, we accepted thirty-one formal complaints for fling, while responding to several hundred additional callers seeking assistance. In accord with past trends, the majority of our cases continue to arise in the area of employment, and we continue to see race, sex, and disability discrimination alleged most frequently. Nearly twenty cases were fully investigated during the year, and three of them resulted in a finding of probable cause to believe discrimination had occurred. We also engaged b more than thirty outreach and education activkies in a continued effort to keep people informed of their righls and responsibilities under our ordinance. We offered fair housing training for housing providers, distributing to area landlords copies of posters and sample policies designed to further compliance with fair housing laws. We also parmered with area agencies to conduct the first Undiscovered Resources job fair and employer conference here in Dubuque. The event placed a special emphasis on improving employment oppommities for underemployed populations, including immigrants, African- Americans, and people with disabilities. Finally, the Commission experienced great success with an initiative designed to encourage members of the general public, as well as various service providers, to begin learning Spanish. This is only a brief glimpse at the work we have done, and I encourage your thorough review of our report. We will continue to strive for equality and inclusiveness and, as always, we appreciate your support. Respectfully submitted, Kelly Larson Human Rights Director CASELOAD STATISTICAL DATA Charge # Date Status Type 1. 3947 07/13/01 2. 3948 08/31/01 3. 3949 08/09/01 4. 3950 08/09/01 5. 3951 09/11/01 6. 3952 08/30/01 7. 3953 09/14/01 8. 3954 10/26/01 9. 3955 11/13/01 10. 3956 11/14/01 11. 3957 11/14/01 12. 3958 12/18/01 13. 3959 02/04/02 14. 3960 03/07/02 15. 3961 03/07/02 16. 3962 03/27/02 17. 3963 03/26/02 18. 3964 03/25/02 19. 3965 03/25/02 20. 3966 04/17/02 21. 3968 04/23/02 22. 3969 04/26/02 23. 3970 04/23/02 24. 3971 05/01/02 25. 3972 05/20/02 26. 3973 05/30/02 27. 3974 06/20/02 28. 3975 05/23/02 29. 3976 06/03/02 30. 3977 06/07/02 31. 3978 06/06/02 Administrative Closure No Probable Cause No Probable Cause Administrative Closure Referred to HUD for Investigation Conciliated Public Hearing No Probable Cause Administrative Review Administrative Review Administrative Review No Probable Cause Mediated Under Active Investigation Mediated Right-to-Sue Under Active Investigation Mediated Under Active Investigation Under Active Investigation Under Active Investigation Under Active Investigation Administrative Closure Under Active Investigation In Mediation Process Under Active Investigation In Mediation Process Under Active Investigation In Mediation Process Under Active Investigation Under Active Investigation Employment/Disability Housing/Disability Housing/Religion/Natl Origin Employment/Disability Housing/Disability Employment/Sex Employment/Sex Housing/National Origin Employment/Disability Employment/Disability Employment/Disability Employment/Age/Natl Origin Public Accommodation/Race Employment/Disability Employment/Disability Employment/Age Employment/Age Public Accommodation/Race Employment/Age Housing/Race Employment/Sex/Race/Retali Housing/Race Employment/Sex Public Accommodation/Race Employment/Sex Employment/Sex Employment/Age Employment/Race Employment/Race Public Accommodation/Race Housing/Sex/Race Case Resolutions Monetary awards CASES CLOSED/RESOLVED EMPLOYMENT ........................................................21 Disability.: ....................................................... 5 Sex ................................................................ 5 Race ............................................................... 5 National Origin .................................................. 4 Retaliation ........................................................ 0 PUBLIC ACCOMMODATION ...................................... 2 Disability ......................................................... 0 Sex ................................................................ 0 Race ............................................................... 2 Age ................................................................ 0 National Origin .................................................. 0 HOUSING ................................................................ 6 Disability ......................................................... 2 Sex ................................................................ 0 Race ............................................................... 2 Age ................................................................ 0 National Origin .................................................. 2 Familial Status ................................................... 0 Intimidation ...................................................... 0 Retaliation ........................................................ 1 TOTAL NUMBER OF CASES RESOLVED/CLOSED .......... 29 * Cases filed in one area (i.e. ernploymenO 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 2002 has come and gone. With its passage, many accomplishments were realized by staff. There were 31 new complaints filed, while 29 cases were administratively closed. There were 480 additional informal complaints, or intakes, handled by staff without the need for a formal complaint being filed, bringing the total number of intakes to 511. OFFICE CASE REPORT The majority of the cases filed were in the area of employment. In fact, 65% of the 31 cases filed in FY 2002 were in the area of employment. The area of housing, meanwhile, accounted for 23 % of the total cases filed, and public accommodation accounted for 13%. This breakdown is consistent with past years' filings, as employment has comprised the largest share of the breakdown in past years as well. OFFICE CASE REPORT 2002 Case Breakdown by Bases of Discrimination BREAKDOWN OF CASES INTO AREAS OF DISCRIMINATION AREA FY 2000 FY 2001 FY 2002 EMPLOYMENT ..................................... 17 ................ 26 ................ 20 Disability .......................................... 3 .................. 6 .................. 7 Sex ................................................. 3 .................. 11 ................ 6 Race ................................................ 6 .................. 4 .................. 3 Age ................................................. 4 .................. 2 .................. 5 National Origin .................................. 2 .................. 3 .................. 1 Retaliation ........................................ 3 .................. 5 .................. 1 PUBLIC ACCOMMODATION ................... 1 .................. 0 .................. 4 Disability .......................................... 0 .................. 0 .................. 0 Sex ................................................. 0 .................. 0 .................. 0 Race ......................................... : ...... 0 .................. 0 .................. 4 Age ................................................. 0 .................. 0 .................. 0 National Origin ..................................1 .................. 0 .................. 1 HOUSING ............................................. 6 .................. 3 .................. 7 Disability .......................................... 1 .................. 1 .................. 2 Sex ................................................. 1 .................. 0 .................. 1 Race ................................................ 4 .................. 2 .................. 3 Age ................................................. 0 .................. 0 .................. 0 National Origin .................................. 0 .................. 0 .................. 2 Familial Status ...................................0 .................. 0 .................. 0 Intimidation ....................................... 2 .................. 0 .................. 0 Religion ........................................... 0 .................. 0 .................. 1 TOTAL NUMBER OF CASES FILED .......... 24 ................ 29 ................ 31 CASE SETTLEMENT SCENARIOS A female of Filipino descent alleged discrim'mation on the basis of sex and national origin in the area of employment with regard to her attempt to seek employment with a local business. The Complainant went to the place of business to apply for a position, but she was advised to go to Job Service to complete an application form. The investigation revealed that the business was distributing applications at the worksite, and that they were hiring family members and friends of people who worked there. In addition, they had hired white males to fill the positions, and rarely hired through Job Service over the past several years. The administrative law judge found probable cause to support that the company's hiring practices discriminated based on national origin and sex in the area of employment. The parties agreed to conciliate, and the case was settled for $35,000. A fifty-year-old female charged her employer with discrimination on the basis of age and disability. She claimed that during the last 32 years of employment her employer had complied with her request for accommodations to enable her to perform the essential functions of her job. Unexpectedly the Respondent informed her that they could no longer accommodate her and that they were placing her on retirement status immediately. The parties agreed to mediation, and settled for $3,000.00. Judy Giesen COMMISSIONER CORNER Think outside the box. Be on the cutting edge. These were values recommended to the Dubuque Human Rights Commission by facilitator Matt Lorenz, former Dubuque Human Rights Director, when we met for our annual goal setting session in August. Matt challenged us to make the commission a household word and media headliner so that every citizen will know that he or she has accessible recourse if they feel their rights are jeopardized. Matt also emphasized that a commission which promotes human rights is not out to win a popularity contest. Rather, we exist to eliminate every vestige of discrimination in our city as well as promote a high quality of life for every citizen. When looking back on the past 12 months as a commissioner, I see this "cutting edge" happening: The Dubuque Human Rights Commission was the frrst community organization to endorse the one- cent tax levy proposed by the Dubuque Community School Board. Our commission wants assurance that Dubuque has quality school buildings for all of our youngsters, especially those of low income. We also want our schools to get up-to-speed in ADA regulatory improvements to provide accessibility for students with disabilities. While the Iowa legislature was voting yes to the "English as the official language" bill, our commission took another tack and organized Spanish classes for 120 social work/education professionals and the general population. Now these Dubuquers can speak a few friendly Spanish phrases and basic sentences to Dubuque Hispanics who straggle to learn English. Everybody in Dubuque read the same book? What seemed like an impossible task has become a big success. Hundreds of copies of "To Kill a Mockingbird," a 1960 novel about racial injustice in the Deep South during pre-civil rights days have been checked out of the library or purchased by Dubuquers as part of an initiative, "One Book, One Dubuque." A unique new feature during Faces and Voices, One Book, One Dubuque will sponsor six discussion sites during this cultural event, so all can discuss the charm, as well as the serious lessons of Mockingbird. Annual Report 4.This year, commissioners reviewed and ruled on two discrimination cases that proc~.~led to public hearing - one alleging discrimination in housing, and the other in employment. In addition, two commissioners, along with an administrative law judge, recently presided over a public hearing in a third case alleging disability discrimination in employment. In my previous four years as a commissioner, we had not had any cases that proceeded to public hearing and, consequently, had not been directly involved in discrimination cases. Commissioners certainly learned about these complicated hearing procedures and have a better understanding of the legal system. "Thinking outside the box" is reflected in future commission agendas in some new and exciting initiatives. Subcommittees are now investigating the need for skilled care and education for young people in the Dubuque area who are autistic. Concerns about equality for the gay and lesbian community in Dubuque are on upcoming agendas. Both initiatives are taking many hours of exploration, interviewing and reading. But the energy is there to accomplish these tasks. I am proud to be a member of this cutting-edge commission as we continue our quest for justice and equality in our city. Kathy Stevens COMMISSIONER CORNER This is my last report. I am leaving the Commission after two, three-year terms. We have come so very far, and yet have so very far to go. I feel optimistic about the Commission's future. I thought no one could replace Libbie, but I was wrong. Kelly Larson is endowed with all the charm, talent, understanding, and cold lawyer logic we could want in the Human Rights Office. The new Commissioners are filled with zeal and purpose. The office is everything I could want from it. When citizens call with complaints, they are listened to carefully, and with respect. There is an underlying sympathy, without being sentimental, that is conveyed, for the callers have been wounded deeply. It is as though the perpetrators knew how to injure the soul by behaving as though these callers had no worth because they differed in some fundamental way from the "norm.' These callers are not victims because they are standing up for themselves by reaching out to us, and so are not treated as victims, but as individuals. We gather the facts, and begin investigations. Often the perpetrators behave, as most bullies do, by backing down once they are confronted. If I had one wish, it would be that bullies everywhere were confronted. The Human Rights Commission has that power to confront. People who are bullied need only to call, to recognize there need be no victims. From my relationships with high school students, I believe the original racial hatred I used to see has changed. The anger that exists is more about territory and friendships than about ethnicity. I would go so far as to say it was never about race, religion or ethnicity. It was always about economics and power. Those in power used prejudice to control economics. If we were busy fighting each other, then those in control gained power over us. As long as companies don't pay a living wage to their workers, there will be fear of the "them" who will work for less or take their jobs. People who are educated, who know their rights, who refuse to become victims of those who have power over them, can control their destiny. My daddy always said, "Power doesn't corrupt. Only the corrupt seek power." I think he's probably right. So for those of you in positions of power, ask yourselves, "Am I seeking the power to control others? If so why? ' All economic studies have shown that a happy, contented work force is a productive work force. Look around you. Have you created a world in which individuals are treated with respect. Where office gossip is not tolerated. Where individuals are paid fairly for the job they do. Where employees are individuals and respected for the talents they bring to the company. I have been told it is not the responsibility of business to provide a living wage, but the responsibility of the worker to be educated enough to earn a living wage. In a perfect world that may be true. But our world is not perfect. What about the young girl I know, whose father is an alcoholic, who takes an extra lunch at school so she can give whatever supper there is to her younger brothers and sisters? What about the young man who works 3040 hours a week, attends high school, and takes care of ins dying father. The youth are the future, and it is being eaten alive by the present. How can those in power say they have no responsibility?. Who do they think will purchase their products or services? Who do they think will be paying into social security in the next ten years? No man is an island, no company alone, no community, and no individual. We are all in this together. What happens to the next guy will ultimately come around to us. Praise God it has not been through revolution, though we have seen violence and despair enough in our time. The real war that needs to happen is against fear and want. We need to love each other and respect the differences that exist. Thank God for the Human Rights Commission. May it ever be brave enough to confront the bullies, and those who think power comes without responsibility. Lou Oswald - COMMISSIONER CORNER One very important thing I have learned as a member of the Dubuque Human Rights commission, is to not dwell on the negative. With all the opportunities that cross our paths as commissioners, it is often difficult keeping our eyes on the prize. After sharing thoughts and insights with one another, we are able to arrive at a solution and plan of action that helps our Dubuque community move forward on it's path toward truly becoming "A Masterpiece On The Mississippi." Being a member of the commission has helped me better realize that the question can be more important than the answer. We may not always have an answer to our myriad of cultural conflicts, but as we continue to ask questions that focus on our core objective of eliminating discrimination, while promoting the quality of life for every resident in the city of Dubuque, we find ourselves working under new paradigms of hope. Hope in our youth and their ability to remain involved. Hope in our elderly and their continual dialogue of richness and wealth. Hope that some day we can all look at our neighbor with unconditional love in our hearts. A love that is free from discrimination on the basis of race,creed,color,sex,age,national origin, religion,disability and sexual orientation. I look forward to two more years as a member of the Dubuque Human Rights Commission. The hard work and extra effort that I see so many people in our community put forth is contagious. Hopefully, some day I will be able to add to our community, something that will make a positive difference. Evelyn E. Jackson COMMISSIONER CORNER The Regional Executive Council on Civil Rights in Kansas City April 3-5, 2002 was an opportunity for three commissioners and office staff to gain knowledge of changes in rules and regulations. The theme of the conference was, Building Gender, Racial and Ethnic Cooperation in the Workplace and Community. The National HUD Conference in Orlando, Florida in July was attended by three commissioners, a summer intern, and office staff. Five days of workshops centered on collaboration with other Civil Rights organizations, presenting HUD and Civil Rights Commissions to the public, and doing outreach to the community. FHIP and FHAP two programs, that are not well known, or understood in the community were presented at this conference. July 22, 2002 - Midway Hotel, Dubuque, IA. Workshop presented by Iowa State Civil Rights Commission, Subject - Hiring Immigrants. Attendance at these conferences has enabled me to become a better commissioner, more aware of the needs of others, and enables me to become more understanding and helpful to the problems of others. EDUCATION AND OUTREACH 07/01 07/01 07/16/01 07/23/01 07/31/01 08/01 08/26/01 08/20/01 09/18/01 09/19/01 09/21/01 Created posters "We Believe in Fair Housing" for distribution to housing providers. The Director and Summer Intern created contents for the fair housing folder for housing providers to use relating to harassment, service animals, and accommodating people with disabilities in general. Two community volunteers attended intensive fair housing training at The John Marshall Law School. These volunteers assist with fair housing speaking engagements. The Director spoke to the Key City Rotary Club on the Everyone's Neighborhood Initiative. The Director and City Solicitor trained thirty supervisors on sexual harassment at an area business. Public service announcements ran on AT & T Cable, FOX, KWWL, KCRG, and KGAN to further fair housing. One PSA focused on fair housing for families with children, one focused on accessible parking, one focused on welcoming neighbors who immigrate to Dubuque from other countries. The Director and City Solicitor presented four segments of sexual harassment tmkfmg to supervisors and employees at an area business. A volunteer presented a fair housing segment to residents at Maria House, a transkional housing facility for women and children. Met with Loras College international students in the wake of September 1t attack to discuss their rights and offer our support. A letter was sent in support of mosques across the state of Iowa; also sent press release condemning acts of hatred against Muslin and Arab-Americans or those perceived as such. Presented the Shining Moment Awards during the Human Rights Banquet. The Director assisted in the planning of the Undiscovered Resources Employer Conference and Job Fair, and presented a segment on workplace diversity. The Human Rights Commission and the NAACP sponsored a conference on Subtle Discrimination and White Privilege at the St. Mark Community Center. EDUCATION AND OUTREACH The Director presented a one-hour CLE presentation to membership of the Dubuque County Bar Association on the processing of human rights complaints. The Director and a commissioner participated in a statewide hearing regarding the status of African- American ctfildren in our schools. The Director presented a segment on cultural diversity for the Community Action Academy. A volunteer presented a fair housing segment to the Dubuque Area Landlords Association. The Department sponsored fair housing training for landlords and realtors. The speaker was Robert Wise, an attorney for the Missouri Apartment Association. The Director met with various social service providers at Maria House to discuss outreach to immigrants and other new Dubuque residents who are homeless. Continues to serve on the Homeless Advisory Board. The Director met with residents at the Maria House to discuss the anti-discrimination laws, their rights under the law, and the complaint process. The Director reviewed the analysis of impediments to fair housing and established an action plan. The Director, as a member of the Diversity Celebrations Committee, assisted in planning activities for the Dr. Martin Luther King, Jr. holiday. The commission offered several eight-week sessions of Spanish lessons to the general public, medical community, human services, and the school system. The Department assisted with the promotion of a three-hour training session on accessibility standards, products, resources, that was held at Menards and sponsored by the Iowa Department of Vocational Rehabilitation. Information was provided to forty contractors and also distributed through the Building Services Department throughout the months of February and March. Displayed billboards, bus placards, and ran video PSA's promoting fair housing; also one billboard marketing the Dubuque Dispute Resolution Center. 04/08/02 04/16/02 04/27/02 05/13/02 05/16/02 05/22/02 EDUCATION AND OUTREACH The Director spoke to an Urban Communities Class at Clarke College on housing issues. Fair housing promotional items were distributed to citizens during City Expo. The Director and City Solicitor presented segments during the City sponsored Crime Free Multi- Housing Training program for area landlords. The Director spoke to staff/residents at Maria House regarding their rights and responsibilities, particularly under the fair housing laws. The Director presented a segment on diversity during the Citizen Action Academy. The Director staffed an informational booth at the North End Neighborhood Fair. STAFF/COMMISSION TRAINING 09/25/01 03/03/02 05/7/02 06/9/02 Staff and four Commissioners attended fair housing training in Chicago that was sponsored by the U. S. Department of Housing and Urban Development. The Director, City Solicitor and three Commissioners attended training sponsored by the Regional Executive Council on Civil Rights in Kansas City. The Director traveled to Kansas City to attend an ADA Symposium that was sponsored by the Americans with Disabilities Act Project that reviewed ADAAG basics. Staff and three Commissioners attended a Fair Housing Policy Conference in Orlando that was sponsored by HUD. DUBUQUE DISPUTE RESOLUTION CENTER MEMBERS Jack Harper Chris Gorrell Harry Neustadt Dana Kisting Michael Whalen Thom Determan Colleen Hanson Vincent Vanden Heuvel Thea Bach Dorothy Culbertson Anthony Allen Susan Barnes Hiram Melendez Roger Maiers Ruby Sutton Judi Carr Carol Friedmann Sr. Francine Quillin 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. 2 2 1 2 1 1 9 0 1 1 1 1 4 1 1 2 0 1 2 2 2 1 0 0 3 1 1 1 1 15 Number of truancy mediations held: 66 I I I i I I i I CITY OF DUBUQUE ORGANIZATIONAL CHART ORGANIZATIONAL Library CHART Clerk Airport Assistant City Manager __ Personnel Manager __ Public Information Officer Neighborhood Development Specialist Administrative Building Economic Finance Fire Services Services Development Department Department Manager Department Department Budget Transit Cable TV Parking System Emergency Health Housing Human Services & Community Rights Department Development Department Department Information Services Department Leisure Operations & Planning Services Maintenance Services Department Department Department Civic Center Police Department Public Works Water Water Department Department Pollution Control Engineering Department ! I I 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 AI-J 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 complalnO Mediation Conference (If agreed to by both sides) If Unsuccessful Investigation Determination Probable Cause Post-Probable Cause Conciliation Effort (Conducted by the Department) 1 No Probable Cause · ~n to Reopenl~ (Case dismissed) · If Unsuccessful Pre-Hearing Review Public Heating (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 morion to reopen 2 Complainant or Respondent can appeal the decision to the District Court within 30 days Commission's Order After Hearing (No discrimination found - case dismissed OR Diseriminadon found - corrective action ordered) Court Appeal2 ]