Human Rights Commission Annual Report FY 2009THE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FY2009 Human Rights Commission Annual Report
DATE: December 14, 2009
Human Rights Director Kelly Larson is transmitting the Human Rights Commission's
Annual Report for Fiscal Year 2009.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kelly Larson, Human Rights Director
THE CITY OF
L)UB .~
Masterpiece on the Mississippi
TO: Mike Van Milligen, City Manager
FROM: Kelly Larson, Human Rights Director
SUBJECT: 2009 Annual Report
DATE: December 11, 2009
Dubuque
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2007
Attached please find the Human Rights Commission's Annual Report for fiscal year
2009.
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 past and continued support of its
endeavors.
Annual Performance Report
July I , 2008 June 30, 2009
Mission Statement
The Human Rights Commission shall work to eliminate discrimination and
promote the quality of life for every resident in the city of Dubuque.
left: Catalin Mamali, Gabriella Nesler, Mohibul Hoque, Olga Kazberouk and Maitha Jolet)
DUBUQUE HUMAN RIGHTS DEPARTMENT
FY09 ANNUAL PERFORMANCE REPORT
Dubuaue Citv Council
Roy Buol, Mayor
David Resnick Ric Jones
Kevin Lynch Karla Braig
Joyce Connors Dirk Voetberg
Human Riqhts Commissioners
Marcos Rubinstein, Chairperson
Jim Allan Shane Oswald
Anthony Allen Colin Scott
Terry Driskell Katrina Wilberding
Char Eddy Gretel Winterwood
Administrative Staff
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Agency Overview
The Dubuque Human Rights Department is located on the second floor of the City Hall Annex at
1300 Main, and is staffed by a Human Rights Director, Human Relations Specialist, and Intake
Specialist. Staff members work in conjunction with the Dubuque Human Rights Commission,
which consists of nine volunteer members serving 3-year terms at City Council appointment. In
addition to making policy recommendations to the City Council, the Commission evaluates
community needs and takes appropriate action to satisfy those needs. In addition to the
Dubuque Human Rights Commission, our major partners include faces & voices, the League of
Iowa Human Rights Agencies, the Iowa Civil Rights Commission, the Regional Executive
Council on Civil Rights, and the U.S. Department of Housing and Urban Development.
Page ~ 1
Kelly Larson
Director
Molly Menster
Human Relations Specialist
Carol Spinoso
Intake Specialist
THE CITY OF
Human Rights Department Dubuque ~T T
City Hall Annex ~ U
1300 Main Street ~~~
Dubuque, Iowa 52001-4732 ~ ~ I / Masterpiece on t6ie Mississippi
563-589-4190 office
563-690-6691 fax zoos
563-589-4193 TTY
humanrgt@cityofdubuque. org
November 6, 2009
Honorable Mayor and City Council:
am pleased to provide you with this year's Human Rights Commission Annual Report.
As I reviewed the statistics and summaries in these pages, I was struck by the sheer amount of
work accomplished over the past year. With only three staff members, we were able to conduct
over fifty training sessions, reaching nearly 1,000 people, in addition to handling our
enforcement responsibilities and daily administrative tasks. We also were able to leverage
additional resources because we are blessed in our community with a corps of volunteers and
partners who understand that creating true equality of opportunity is a shared responsibility.
With that in mind, I would especially like to draw your attention to three projects that
could not have occurred if staff were working in isolation. First, a group of commissioners and
other volunteers worked with Loras College Productions to produce the video Diverse Dubuque:
A Focus on National Origin, which won an Iowa Motion Picture Association Award. The video
raises awareness of the number and variation of immigrants living in our midst. Second,
numerous community partners completed the rehabilitation of 759 Bluff into apartments for low
income people with mobility impairments - a direct response to an identified impediment to fair
housing in our community for people with disabilities. This project, which includes accessibility,
universal design, and historic preservation elements, won the award for Best Total Building
Rehabilitation Project from Dubuque Main St., Ltd. Third, we continued to open the doors to
dialogue with twenty Speakers' Bureau presentations, during which community members share
their experiences around race, sexual orientation, disability, or national origin in Dubuque.
hope the work reported in these pages reminds you, as it does me, of the many people
in Dubuque who are willing to devote their time and energy to creating a community that values
all of its residents. I recently discovered the following quote from an unknown source, and it
reminded me of the appreciation I feel for our volunteers: "Volunteering is the ultimate exercise
in democracy. You vote in elections once a year, but when you volunteer, you vote every day
about the kind of community you want to live in." It is this sense of shared responsibility that
will ultimately be the measure of our community.
As always, thank you for your ongoing support.
Respectfully submitted
`;~~~C;~
Kelly Larson
Human Rights Director
Page ~ 2
Mission: Why does the Human Rights Department exist?
The Human Rights Department exists to enforce the local human rights law and to foster a safe,
just, and inclusive community in which differences are recognized as valuable resources, the
economic benefits of a diverse workforce are realized, and people are able to reach their full
potential as contributing members of the community. The Department also assists in carrying
out this mission with employees in the City organization itself.
Guiding Principles: What values influence our operation?
In deciding how best to fulfill our mission and statutory mandate, we are guided by our
commitment to gathering input, creating partnerships, solving problems, and exercising
compassion as we carry out our work.
• We believe that the best decisions are made by engaging and soliciting input from
residents and employees representing a broad range of backgrounds, including groups
whose needs are often overlooked and groups who are often in a position of power.
• We believe in empowering others, removing barriers to participation, and communicating
in a way that fosters understanding across differences.
• We believe that flexibility, risk-taking, and the willingness to view problems and
differences of opinion as an opportunity for improvement can lead to creative problem
solving.
• We know the value of understanding various cultural approaches to communication and
conflict, and strive to learn the skills necessary to adapt our approach so that we can
more effectively solve problems.
• We recognize that good governance requires community effort, and we are committed to
developing partnerships that reflect the variety of backgrounds and interests in the
community that we serve.
• We understand that while the people we serve often have competing interests, they also
have some common expectations of our Department: due process, fairness and equity,
accurate information, timeliness, courtesy and accessibility of staff, effective
communication, and thorough knowledge and performance of our duties.
• We strive to carry out our work with compassion and respect for the basic human dignity
of all with whom we interact.
Service and Performance Measures: What products and services do we deliver, and how
can we measure their success?
We exist to serve all residents of the City of Dubuque, including parties to complaints and
stakeholder groups. The services that we provide fall within these four categories, as defined
by City ordinance:
1. We mediate and determine the legal merits of discrimination complaints received by our
office.
2. We engage in education and conflict management to promote civil and respectful
behavior that will tend to prevent discrimination and reduce tensions between groups.
3. We cooperate with other groups in the community in programs and activities designed to
prevent tensions between groups.
4. We study the existence and causes of conflict and inequality of opportunity and attempt
to find resolutions.
Page ~ 3
These services are necessary to the City Council's vision of an inclusive community with global
connections, engaged residents, and livable neighborhoods.
The measures of our success in the following pages include a combination of output measures
(case statistics, numbers of people trained, reports issued, numbers of meetings or educational
sessions held), outcome measures (customer satisfaction surveys, training evaluations, case
outcomes, increased equality of opportunity and cooperative work across groups) and progress
reports on current department initiatives. These measures revolve around the goals and
objectives discussed below, which are designed to meet our core service requirements.
Goals and Objectives: Where is the Human Rights Department going and what must we
do to get there?
The Human Rights Department is working toward prevention of discrimination and conflict that
arises between groups, while at the same time addressing discrimination and conflict that
currently exists. The Department's efforts include a combination of work within the community
and work internally with the City organization.
In general, we work to prevent conflict by:
• Providing training on legal rights and responsibilities
• Building bridges through effective communication across cultures
• Building intercultural competence within the City organization as a way to lead by
example
• Effectively using technology and the media to educate the public and raise awareness
• Developing partnerships in the community to identify and respond to unmet needs of
traditionally marginalized groups
In general, we work to resolve and contain conflict by:
• Providing parties the choice to mediate and encouraging that option
• Equalizing power imbalances and healing injured relationships
• Maintaining a timely and effective enforcement process
• Maintaining an up-to-date understanding of the changing state of the law
• Identifying areas where additional efforts to further equality through enforcement are
necessary
The following pages provide the details of our action plan and our performance during FY09.
Page ~ 4
FY09 Performance Results
Service Objective #1: Mediate and determine the legal merits of discrimination
complaints received.
Goal: The Human Rights Department will have a timely and effective enforcement
process.
Performance Measures/Results
CASELOAD REPORT
During fiscal year 2009, 577 individuals contacted the office requesting assistance or
information. Thirty-five of those inquiries resulted in a formal case filing. Twenty-three
cases were processed and closed.
2009 Intake Summary
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200 -
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2009 Cases Filed & Cases Closed
^ Formal Complaints
17 Resolved/Referred
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Page ~ 5
FY09 Performance Results
CASELOAD SUMMARY
The majority of the cases filed were in the area of employment. In fact, 63% of the 35
cases filed in FY09 were in the area of employment. The area of housing accounted for
23% of the total cases filed, and public accommodation 14%. This breakdown reveals
that employment continues to comprise the largest share of the breakdown in past
years; though we have seen some increase in housing cases.
2009 Case Breakdown byArea
ii Employment -1 Housing Public Accommodation
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23%
63% ;.
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Race and disability claims encompassed the greatest shares of the 35 cases filed in
fiscal year 2009, followed by sex, age, retaliation, gender identity, familial status and
national origin. There weren't any cases filed based on sexual orientation.
Breakdown by Bases
11%
r2%
GJ Disability
~ Age
~ Sex
o Race
~+ Retaliation
11%
National Origin
Gender Identity
Familial Status
Cases filed in one area (i.e. employment) may have alleged discrimination on one or more bases (i. e. disability and
age); therefore the total by bases maybe greater than the number of cases by area.
Page ~ 6
FY09 Performance Results
CASELOAD STATISTICAL DATA
Breakdown of Cases into Area and Basis of Discrimination
Area FY2007 FY2008 FY2009
Employment ...... .....................23 ...........................2 I ...............................22
Disability .........................................8 ....................................5 ......................................... 6
Sex ...................................................7 ....................................4 ......................................... 6
Race .................................................6 ....................................8 ......................................... 6
Age ...................... ............................5 ....................................4 ......................................... 3
National Origin . ............................ I ....................................3 .........................................
Retaliation .......... ............................4 ....................................2 .........................................4
Gender Identity ............................0 ....................................0 .........................................
Public Accommodation...........6 ........................... I O .................................5
Disability .........................................3 ....................................8 .........................................
Sex ...................................................0....................................0.........................................
Race .................................................3 .................................... I .........................................
Religion ...........................................0 I p
.................................... .........................................
National Origin .............................0
....................................0 ......................................... 0
Gender Identity ............................0................,.,.................0.........................................3
Housing ..................................... I .............................7 ................................. 8
Disability ..........................................0 .................................... I ......................................... 3
Sex ...................................................0....................................0.........................................
Race .................................................0 ....................................4 ......................................... 5
Age .................................................. I ....................................0.........................................
National Origin .............................0 .................................... I ......................................... 0
Familial Status ................................0....................................2.........................................
TOTAL CASES FILED..........30 ...........................38...............................35
Cases filed in one area (i. e. employment) may have alleged discrimination on one or more bases (i. e. disability and
age); therefore the total by bases maybe greater than the number of cases by area.
Page ~ 7
CASES CLOSED/RESOLVED
July 1, 2008 -June 30, 2009
Employment ................................................................................................. 16
D isabi I ity ......................................................................................................................... 2
Sex ................................................................................................................................... 2
Race ................................................................................................................................. 7
Age ..................................................................................................................................3
Retaliation ......................................................................................................................
National Origin .............................................................................................................
Religion ...........................................................................................................................
Housing ..........................................................................................................4
Disability .........................................................................................................................
Race ................................................................................................................................. 3
Age ..................................................................................................................................0
National Origin .............................................................................................................0
Familial Status ................................................................................................................0
Public Accommodation ..................................................................................3
Disability .........................................................................................................................2
Sex ................................................................................................................................... 0
Raee .................................................................................................................................
Total Cases Closed .......................................................................................23
Disposition of Closed Complaints in 2009
(~
17%
® Administrative Closure
u Probable Cause
~-~ NoProbable Cause
i'a Right-to-sue
• 'Settlement/Mediation
Total monetary settlement awards: $5,350
Page ~ 8
SAMPLE CASE DISPOSITIONS
- The Complainant, an African-American male, filed a complaint alleging that he was
discriminated against based on race when he was denied employment after completing a
mass-marketed "integrity test" being used by a local employer. The beginnings of an
investigation revealed that the employer used this instrument on a nationwide basis, and that
all prospective employees were required to complete the instrument and obtain a score of
"qualified" as the first step in the application process. Those who received a score of "not
qualified" could not proceed further in the hiring process. A statistical analysis revealed a
statistically significant disparity in the passing rate for African-Americans as compared to
Caucasians. After consultation with testing experts for the Equal Employment Opportunity
Commission (EEOC) in Washington, D.C., the Department forwarded the complaint to the
EEOC to be consolidated with another pending case involving the same employer.
- An administrate law judge issued a probable cause finding in an employment claim involving
disability discrimination. The Complainant had a mental impairment that limited his ability to
meet the timeliness requirements of his job, and his requests for accommodation were not
granted. The Complainant was reprimanded and ultimately fired for falling behind, with
Respondent telling him, "it's just not working; because you have these disabilities that slow you
down; we are going to have to let you go." The investigation revealed that Respondent had
other positions open that the Complainant likely could have performed, but the Respondent
failed to consider reassignment as a possible accommodation. The ALJ concluded that
Respondent failed to properly evaluate options for reasonable accommodation. The parties
conciliated the claim for $4,800.00 prior to public hearing.
- A 22-year-old female alleged that her employer discriminated against her in the area of
employment on the bases of sex and retaliation. The Complainant alleged that her manager
forced her into a sexual relationship, and then fired her when she attempted to end it. The
Complainant alleged that management was aware of the situation, but took no action to
eliminate the problem. The Complainant requested and was granted a letter of Right-to-Sue to
initiate a lawsuit against the Respondent in District Court.
- The Complainant alleged that a local business failed to comply with accessibility
requirements in their place of business. The Complainant uses a wheelchair and specifically
alleged that the business didn't have an accessible entrance or designated parking for persons
with disabilities. During mediation, the business owner agreed to make the necessary
accessibility improvements to the building.
- The Complainant, an African-American male, alleged that he was discriminated against in
the area of housing on the basis of race and familial status when the Respondent attempted to
terminate his lease following an altercation that was instigated by a white tenant. According to
the Complainant, the white tenant admitted to having instigated the incident, but the
Respondent only issued an eviction notice to the Complainant. The Complainant further alleged
that the Respondent was not justified in sending him notice that prohibited his 16-year-old
daughter from entering the apartment building. Respondent alleged that Complainant had
violated numerous lease rules, including improperly sharing the security code for the building.
Prior to completion of the investigation, the parties agreed to a monetary settlement of $450.
The Respondent also agreed to make a good faith effort to assist the Complainant with finding
employment by speaking to potential employers and helping the Complainant prepare a
resume.
Page ~ 9
FY09 Case Performance Results
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Service Objective #2: Engage in education and conflict management to promote
civil and respectful behavior that will tend to prevent discrimination and reduce
tension between groups.
Goal: The Human Rights Department will have a comprehensive outreach and
education plan to be used as a model.
Performance Measures/Results
This year, the Human Rights Department, with help of dedicated Commissioners and
volunteers, exceeded our goals for outreach and education. Our major accomplishments this
year include:
• Reaching 952 individuals through over 57 training and outreach sessions totaling 90 hours,
with a specific emphasis on prevention and on reaching youth;
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Housing Training Employment Community ICCTraining
11 hrs Training- 11 hrs Outreach - 24 hrs 44 hrs
Type of training
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Page ~ 10
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• reaching 43,322 people with pieces of advertising and media coverage;
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• maintaining excellent front-line customer service, and quality record-keeping and logistical
arrangements to keep the office running smoothly;
• redesigning our website, allowing us to feature videos, brochures, available trainings, and
partnerships. The site also includes an option for on-line submissions of questions and
concerns, and staff has been trained in updating the site and in responding to on-line resident
requests;
• redesigning and updating department brochures;
• educating all Section 8 rental assistance recipients on fair housing rights;
• creating a detailed annual report to keep the department accountable to the public and to
raise awareness of the role and work of the department;
• opening the doors for dialogue through 20 Speakers' Bureau presentations highlighting
individual experiences of race, sexual orientation, disability, or national origin in our
community. These engagements were made possible through the work of Commissioners
and additional community volunteers;
Page ~ 11
creating the video Accessible Housing Design to raise awareness of the benefits of including
universal design elements in housing development. The video highlights the 759 Bluff
development by Step by Step, Inc., and can be viewed on-line at
www.cityofdubuque.org/humanrights;
• making conscious efforts to personally discuss the value of mediation with complainants and
respondents, as often as feasible;
• working towards prevention through "leading by example," with the city's inter-cultural
competence initiative;
• updating our ordinance coverage to reflect national clarifications to the Equal Pay Act and the
Americans with Disability Act, which were designed to overcome restrictive Supreme Court
interpretations;
• making conscious efforts to devote time to strengthening one-on-one relationships with
neighborhood and stakeholder leadership;
• creating, through the Commission's Subcommittee on National Origin, the video Diverse
Dubuque: A Focus on Nationa/ Origin, which won an "Iowa Oscar" and can be viewed on-line
at www.citvofdubuaue.ora/humanriahts.
Service Objective #3: Cooperate with other groups in programs and activities
designed to prevent tensions between groups.
Goal #'f : The Human Rights Department will partner with other community
groups concerned with equality of opportunity and managing conflict across
differences.
Performance Measures/Results
Our goal was to partner on at least one major program/activity this year. We in fact partnered
on three programs/activities: faces & voices, the Dubuque Dispute Resolution Center, and the
Multicultural Family Center's Art Project. Below is a summary of project accomplishments.
Initiative: faces & voices
Brief description of partnership: faces & voices is a community group that plans the annual
Dr. King Tribute Days and also sponsors other diversity events in the community. The Human
Rights Director is a member of the group.
Update on current status: The Dr. King Tribute Days this year featured Rev. Tim Bees and
Mrs. Claudette Bees addressing over 400 people at the Dr. King breakfast on developing
intentional, racially reconciling relationships. The local NAACP event included a march,
speaker, and awards ceremony for student winners of the Dr. King Multi-Media Tribute Contest.
Initiative: Dubuque Dispute Resolution Center
Brief description of partnership: The Dubuque Dispute Resolution Center consists of trained
community volunteer mediators, whose work to resolve neighborhood related disputes is
coordinated through the Human Rights Department.
Update on current status: This year, the DDRC handled 14 intakes and conducted 5
neighborhood related mediations. Mediators also conducted ahalf-day training session for
Page ~ 12
neighborhood leaders to help raise awareness of the availability and benefits of peaceful conflict
engagement.
Initiative: Multicultural Family Center Art Project
Brief description of partnership: The Human Rights Department's AmeriCorps VISTA
member worked closely with the Multicultural Family Center and residents to build unity through
completion of a community art project.
Update on current status: The VISTA member successfully obtained a grant for a community
art project and worked with a resident artist and Multicultural Family Center families to create a
wall mural and a sculpture. The art, created by community members, depicts their life
experiences in the context of the universal human experience of change. The display creates a
vision of multicultural unity and equity and will be featured in the Multicultural Family Center's
newly renovated facility.
Goal #2: The Human Rights Department will partner with other City Departments to
foster commitment to creating inclusive city services and an inclusive work environment
within City government.
Performance Measures/Results
Our goal was to partner on at least one major project this year. We have in fact partnered on
two projects: ADA/504 Compliance and the Intercultural Competence Initiative. Below is a
summary of project accomplishments.
Initiative: ADA/504 Compliance & Commitment
Brief description of partnership: This project is coordinated through the Human Rights
Department in collaboration with interested residents and managers from the City's Housing and
Community Development Department, Building Services Department, Engineering Department,
Economic Development Department, and Legal Department.
Update on current status: Physical projects this year included accessibility improvements at
the local zoo, one of the City's leased facilities. The Human Rights Department also provided
input on a variety of accessibility issues that arose throughout departments.
Initiative: Intercultural Competence Initiative
Brief description of partnership: This project is coordinated by the City of Dubuque's Steering
and Training teams. The Director and the Human Relations Specialist occupy leadership roles
on both teams.
Update on current status: The training team offered 7 hours of Foundations of Intercultural
Competence Training to City staff hired in the past year, and met monthly to further develop
training skills and future sessions. The Steering team and subcommittees completed and
distributed its first Annual Report, updated the City's background check policy, continued to
provide regular intercultural tips at management team and in the employee newsletter, and
collaborated to recruit, interview, hire, and orient a Training and Workforce Development
Coordinator.
Service Objective #4: Study the existence and causes of conflict and inequality of
opportunity and attempt to find resolutions.
Goal: The Human Rights Department will work to identify unmet needs and partner with
other groups to develop solutions to inequality of opportunity.
Page ~ 13
Performance Measures/Results
Our goal was to partner on at least one major project this year. This year, we have participated
in the Multicultural Family Center, Project H.O.P.E., the Washington Neighborhood
Revitalization planning efforts, and Step by Step, Inc. Below is a summary of project
accomplishments.
Initiative: Multicultural Family Center
Brief description of partnership: The City recognizes the Multicultural Family Center,
previously operating under the Iowa State University Extension office, as critical to empowering
neighborhood residents and building unity through diversity, and various City departments have
partnered to increase the capacity of the Center.
Update on current status: The AmeriCorps VISTA member and Director worked with the
Center and residents to develop a strategic plan with performance measures and pursue grants
and programming. The partners in this project have recruited, interviewed, hired, and oriented a
full-time Director, worked toward obtaining independent 501(c)(3) status, recruited a Board of
Directors, obtained additional funding and staffing, renovated a 6,000 square foot facility, and
expanded programming partnerships. The VISTA also assisted with programs for Spanish
speakers, including coordinating EI Cafecito, a coffee hour to encourage community building
amongst Latino residents, and also Healthy Meals Cooking Classes in Spanish. The expanded
Center will open in September 2009.
Initiative: Project H.O. P.E.
Brief description of partnership: This project was coordinated by the Community Foundation
of Greater Dubuque and the City of Dubuque Economic Development Department. Our office
participated to provide input on ways to better meet the employment needs of traditionally
marginalized communities, and assisted with conducting a needs survey amongst Spanish
speakers.
Update on current status: The group of community partners is working to build bridges to
rewarding, long-term employment for unemployed and underemployed residents. The group
has worked to support programs such as Breaking Employment Barriers, Getting Ahead in a
Just Gettin' By World, Bridges Out of Poverty, and the Iowa Workforce Development Career
Readiness Certificate. The group is working to engage businesses in providing meaningful
employment to residents working to move from poverty to a sustainable lifestyle.
Initiative: Washington Neighborhood Revitalization
Brief description of partnership: This project was coordinated through the City's Housing and
Community Development Department. Our office participated to help insure fair housing and
inclusivity remain at the forefront of the efforts.
Update on current status: The Director worked with the Citizen Coordinating Committee, a
consultant, and other City staff to develop a long term strategic plan for the revitalization of this
neighborhood - a neighborhood with a high level of diversity and transition. The end result has
been the creation of the Washington Community Development Corporation, which will focus on
community engagement around three key neighborhood concerns: 1) providing stable and
adequate housing; 2) assisting small business development; and 3) strengthening youth and
families.
Initiative: Step by Step, Inc., 759 Bluff Renovation
Brief description of partnership: This project was coordinated through the Housing and
Community Development Department and Step by Step, Inc. Our office participated to assist
with fair housing accessibility and universal design features.
Update on current status: The renovation of this historic building to include accessibility and
universal design features has been completed. The building was designed to meet an
Page ~ 14
impediment to fair housing -the lack of affordable accessible housing -and is now available for
leasing to low-income residents with mobility impairments. A video highlighting the project was
completed by the Human Rights Department and is available on-line and on City Channel 8.
Staff Development
• Staff met our goal of 120 hours of legal update training this year, with the Director and the
Human Relations Specialist attending Week IV of the National Fair Housing Training
Academy and the Regional Executive Council on Civil Rights Annual Conference. The
Director attended the Des Moines Fair Housing Symposium.
• Staff remained abreast of case law developments by reviewing the BNA Fair Employment
Reports, the Iowa Employment Law Letter, the ADA Compliance Guide, Fair Housing Coach
Newsletters, and the Fair Housing/Fair Lending Reporter.
• The Intake Specialist completed customer service training.
• The Director and the Human Relations Specialist completed Dale Carnegie Leadership
Training.
• The Human Relations Specialist attended the Dubuque Mental Health Conference.
• The Director attended a Cultural Competence training session.
• All staff received training to update the new website and manage the interactive features of
the site, including submission of questions and service requests.
• The Intake Specialist attended three sessions of Excel training.
• The Intake Specialist and the Human Relations Specialist attended Lasen`iche training.
• All staff completed training for the new phone service and the new multifunction devices.
Community Activities
• The Director and the Human Relations Specialist served as mentors for students in the
Dubuque Community School District.
• All staff assisted with the Family Self-Sufficiency Program's Road to Success.
• The Human Relations Specialist serves on the Operation New View Board of Directors.
• The Director serves as the Secretary for the League of Iowa Human Rights Agencies and
also for the Regional Executive Council on Civil Rights.
• The Intake Specialist assisted with Community Days of Caring.
• The Human Relations Specialist and the Human Rights Director assisted with the Cedar
Rapids flood clean-up.
• The AmeriCorps VISTA member served on the Crescent Community Health Center Board of
Directors.
Page ~ 15
THE COMPLAINT PROCESS
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 300 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 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 mediation conference is encouraged at this time because it offers all parties the possibility of
a speedy and satisfactory resolution. If mediation fails, the Director or Human Relations
Specialist 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.
When conciliation is unsuccessful the complaint proceeds to apre-hearing review.
When a case goes to public hearing, it is presided over by an administrative law judge. At the
hearing, the complainant is often represented by private counsel. The respondent is often
represented by private counsel. The attorneys present the facts of the case to the
administrative law judge. The City Solicitor represents the public interest.
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
district court.
Page ~ 16
COMPLAINT PROCESS AT A GLANCE
Intake Interview
A Complaint is Filed
(Must be within 300 days of the alleged unlawful act)
ReSpOndent IS NOtlfled (The person or entity
whose action is the subject of the complaint)
Mediation Conference
(If agreed to by both parties)
s
If Unsuccessful
Investigation
Determination
s
r
Post Probable Cause Conciliation Effort
(Conducted by the Department)
If Unsuccessful
Pre-Hearing Review
Public Hearing
Recommended Order
1 Complainant has 30 days to request judicial review
z In a fair housing case the Complainant may elect to
commence a civil action in court.
3Complainant or Respondent can appeal the decision
to the District Court within 30 days.
- If Successful -
Mediation AEreement
- No Probable Cause - Further Reviews
(Case dismissed)
- If Successful - Concilia tion Aereement
-
Page ~ 17
Commission's Order After Hearing
(No discrimination found-case dismissed
OR
Discrimination found-corrective action ordered)
Court Appeal 3
D•U•B•U•Q•U•~;
~~ ~~ ::. A
HUvIA~l RIGHTS
COtiIMISSIOV
CITY OF DUBUQUE
HUMAN RIGHTS DEPARTMENT
1300 MAIN STREET
DUBUQUE, IA 52001
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