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
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CITY OF DUBUQUE
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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 ]