Human Rights Annual Report
- ~-~,
CASE LOAD STATISTICAL DATA
Charae # Date Area/Basis Status
40. 4081 03/25/2004 Employment/Disability Under Investigation
41. 4082 04/02/2004 Public Accomm/Disability Administrative Closure
42. 4083 04/23/2004 Employment/Race Under Investigation
43. 4084 04/23/2004 Employment/Race Administrative Closure
44. 4085 05/03/2004 Employment/Race Under Investigation
45. 4086 05/10/2004 Public Accomm/Disability In Mediation
46. 4087 05/10/2004 Housing/Disability Under Investigation
47. 4088 05/19/2004 Employment/Age/Disability Under Investigation
48. 4089 OS/21/2004 Employment/Race Under Investigation
49. 4090 OS/27/2004 Housing/Race Under Investigation
50. 4091 OS/28/2004 Housing/Race Mediated
51. 4092 06/04/2004 Employment/Race Backlog
52. 4093 06/04/2004 Employment/Retaliation Backlog
53. 4095 06/30/2004 Employment/Disability Backlog
2004 Case Breakdown by Area and Bases
14
12
10
8
6
4
2
0
I!1iI Disability
iii Sex
iii Race
iii Age
l1li National
Origin
IIiI Retaliation
Employment
Housing
Public
Accommodation
l1li Religion
CASE RESOLUTIONS
TVDe of Closure
Mediated
Probable Cause
Number
Percentaae
9
3
19%
6%
19
15
40%
Administrative Closure
No Probable Cause
Right-to-Sue
32%
3
4%
Total Cases Closed: 47
Total Monetary Award: $7,450.00
80,000
70,000
60,000
50,000
40,000
30,000
20,000
10,000
0
MONETARY AWARDS
2000
2001
2002
2003
2004
CASES CLOSED/RESOLVED
Employment ..............................................38
Disability....... ...."................. .............. .14
Sex ....................................................6
Race. ...................... ......................... ...10
Age ........................ ......."...... ............ .11
National Origin ......."............. ...............0
Retaliation...........................................3
Religion ..............................................1
Public Accommodation ..............................4
Disability.............................................4
Sex ....................................................0
Ra ce .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . .. .. .. .. .. . . .. . . . 0
Age ....................................................0
NationaIOrigin.....................................O
Housing. .............. ........................ .............. 5
Disability....... ...................... ...........~.....1
Sex ....................................................0
Race....... .........."..... ............,........... ...4
Age ....................................................0
National Origin ......... ............. ...............0
Familial status.....................................O
Intimidation.........................................O
Retaliation...........................................O
TOTAL NUMBER OF CASES RESOLVED: 47
*Cases filed in one area (i.e. employment) may have alleged discrimination
on one or more bases (i.e. sex and age); therefore the total by basis may
be greater than the number of cases by area.
DISPOSITION OF CLOSED CASES
2%
4%
6%
19%
III Administrative Closure
III Mediated
0 No Probable Cause
0 Right-to-Sue
III Withdrawal
III Supreme Court Decision
III Probable Cause
CASELOAD REPORT
Fiscal Year 2004 has come and gone. With its passage, many accomplishments were re-
alized by staff. There were 53 new complaints filed, while 47 cases were closed. There
were 526 additional informal complaints, or intakes, handled by staff without the need for a
formal complaint being filed, bringing the total number of intakes to 579.
2004 CASES FILED & CASES CLOSED
10
7
6
4
3
2
0
Jul-64 Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April May Jun-
04
I 0 Cases Filed II Cases Closed I
CASE LOAD REPORT
The majority of the cases filed were in the area of employment. In fact, 75% of the 53 cases
filed in FY 2004 were in the area of employment. The area of public accommodation, mean-
while, accounted for 13% of the total cases filed, and housing accounted for 11 %. This break-
down is consistent with past years' filings, as employment has comprised the largest share of
the breakdown in past years as well.
2004 Case Breakdown by Area
13%
iii Employment
Housing
iii Public Accommodation
The basis of disability encompassed the greatest share of the 53 cases filed in Fiscal Year
2004, followed by race, and sex and age.
2004 Case Breakdown by Bases
4%
9% --~-~
/17%
/
/32%
~/
40%
*Cases fíled in one area (i.e. empioyment) 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.
CASELOAD REPORT
700
600
500
400
0 Formal Complaints 300
II1II Resolved/Referred
200
100
0
2004 Intake Summary
2004
2002
2000
2001
2003
2000-2004 Formal Cases Filed: Yearly Trends
45
40
35
30
25
20
15
10
5
0
Employment
Public
Accommodation
Housing
II1II2004
02003
II1II2002
II1II2001
II1II2000
BREAKDOWN OF CASES INTO AREAS OF DISCRIMINATION
AREA
FY2002
FY2003
FY2004
EMPLOYMENT .................... 20................ 27.................40
Disability..... ...."............... 7 ..... ......."... .10 ................. 14
Sex .................................6....................6..................9
Race................................ 3....................5................. 12
Age .................................5....................9................. 10
National Origin................ ..1.... .,..............0 ...".. .......".. 1
Retaliation...................... ..1....................3.................. 5
Religion ...........................0....................0.................. 1
PUBLIC ACCOMMODATION. 4................... 6.................. 7
Disability..........................O....................5..................5
Sex. . . . . . . .. .. .. . .. .. .. .. .. .. .. .. .. . 0 . .. .. .. .. .. .. .. .. .. .0 . .. . . . . . .. . .. .. ... 0
Race.. ......... .....................4................. ...1.................. 1
Age .................................0....................0..................0
National Origin................ ..1....................0.................. 1
HOUSING .................... ....... 7................. 25........... ....... 6
Disability ..... .....................2.................. 23 .."..... ......... 2
Sex.. .. .. . .. .. .. .. .. .. .. .. . .. . . . . .. . 1. . . .. .. .. .. .. .. .. . . .0 .. .. .. .. .. .. .. .... 0
Race................................3....................2..................4
Age................................. 0....................1 .................. 0
National Origin.................. 2....................0.................. 0
Familial status..................O.................. ..1.................. 0
Intimidation .....................0....................0.................. 0
Religion ...........................1....................0..................0
TOTAL CASES FILED ......... 31.................58.................53
CASE SETTLEMENT SCENARIOS
The Complainant, an African-American female, charged an area landlord with race discrimination
when she was denied an apartment. The Complainant alleged that when she met with the land-
lord to view the apartment, he told her that she would need $650 up front in order to hold the
apartment. The Complainant alleged that she called the landlord later that day to inform him that
she had the money, but that the Respondent indicated that he would not rent to her as he had
previously promised the unit to another person, a white male, although he had not received any
payment upfront from this individual. The parties mediated, resulting in a $500 settlement.
A Caucasian female alleged that her employer discriminated against her on the basis of race and
retaliation when she opposed the different treatment of black guests at the Respondent's place of
business, and because of her association with blacks. The Complainant alleged that a co-worker
had instructed her to put black guests in certain rooms located in the back of the business. The
Complainant voiced her opposition to the Respondent, and was fired shortly thereafter. The Ad-
ministrative Law Judge found probable cause for discrimination. The parties entered into concilia-
tion and settled for $2,000.00.
The Complainant charged a local area business with disability discrimination. The Complainant
uses a cane, and alleged that the business failed to comply with accessibility requirements in their
place of business. She specifically alleged that the tables were positioned relatively close to one
another, thereby creating an inadequate accessible path throughout the seating area. The parties
entered into mediation, with the Respondent agreeing to provide a designated table for persons
with disabilities.
An African-American male alleged that his employer believed that his supervisor singled him out
and treated him differently, discriminating against him on the basis of race in the area of employ-
ment. The Complainant stated that he is the only black employee. He alleged that when he ap-
proached his supervisor about work concerns that his supervisor would not acknowledge him, and
that this supervisor would call him back from breaks earlier while allowing white employees to
take extended breaks, and he would frequently check on Complainant's whereabouts. The par-
ties mediated with the Respondent agreeing to pay Complainant $2,500.00.
COMMISSIONER REFLECTION
Corine Murray, PBVM
Not finished. We as a country are not finished yet. Because the United States Constitution is
a living document with the ability to change and develop, individuals and groups continue to
seek equal justice. The process is long and at times, painfully slow. Much remains to be
done, to name but one example, the Americans With Disabilities Act passed by Congress and
signed into law by the President over a decade ago. I am pleased that one of our subcommit-
tees is addressing this area of concern.
I have thought about the waves of immigrants who have come throughout our history.
Whether by force, the terrible experience of so many African-Americans, or driven by hunger,
war and a desire for a better life, the road was very difficult for most of them.
While September 11, 2001 was a defining event for our nation, it is good to remember that
most individuals and families who have come to this country are not terrorists. In my work on
a Human Rights subcommittee which focuses on how the city of Dubuque welcomes the
stranger, from across the country and the globe, I am frequently reminded that to be without
the language renders one poor and open to exploitation.
When my ancestors came, they were greeted by signs which read, "No Irish Need Apply."
With a bit of hindsight, most citizens can reflect on the many gifts that each wave of immi-
grants brought and shared. Diversity enriches us, if we have the eyes to see.
Today, Hispanics are the largest minority group in our nation, our state and our city. They
bring gifts: the value of family, a sense of community, a strong faith tradition and work ethic.
Dubuque is also home to people from many other parts of the world. The human dignity of all
these people needs to be recognized and respected in a serious national conversation about
their status.
I am grateful for the opportunity to serve as a Human Rights Commissioner, and to work side
by side with a dedicated director and committed commissioners who are clear about their mis-
sion: To eliminate discrimination and promote the quality of life for every resident in the city of
Dubuque.
COMMISSIONER REFLECTION
Judy Giesen
In August 2003, the nine Human Rights Commissioners adopted four major goals to pursue in
2003-2004. At that time, we decided that to accomplish these goals we need "a little help from
our friends" in the Dubuque community. By November, we had expanded our quest for equal
rights and justice to include about 25 community volunteers who agreed to serve on four
subcommittees. These generous citizens agreed to help us carry out our goals:
1.
Welcome new residents into the community, especially minority
populations and low income families;
Encourage human rights in the schools;
Educate the community about sexual orientation and encourage the
City Council to add sexual orientation to the protected classes in our
city ordinance; and
Educate the community about everyday challenges for people with
disabilities and encourage businesses and public places to make their
facilities more accessible.
2.
3.
4.
Subcommittees of commissioners and volunteers from the community were formed last fall. Let
me share a memorable moment during one of our subcommittee meetings. The Sexual
Orientation Subcommittee (Goal 3) was developing a timeline regarding the steps for community
education and action. At one point, members were talking about gays and lesbians who were
living and working in our city. We wanted to make sure that every citizen without exception was
afforded equal rights in the areas of housing, education, employment, public accommodation
and credit. One committee member, the Rev. Nancy Bickel, summarized the intent of the group
by saying, "After all, gays and lesbians are people we all know!" She was referring to our
cousins, sons, daughters, uncles, friends or neighbors who are gay.
Subsequently, "People We All Know" became the title for a special report prepared by the
Sexual Orientation Subcommittee for City Council members, businesses and religious leaders
and interested citizens. (Since March 2004, over 1,200 copies of this report have been
distributed in Dubuque, as well as to human rights advocates throughout Iowa and in
Minnesota.)
What became a title for one subcommittee-People We All Know-can be applied to every
subcommittee now in action within our commission:
.
Gay and lesbian citizens we all know are speaking out for their rights,
which every single citizen deserves;
COMMISSIONER REFLECTION
Judy Giesen
(continued)
.
Students we all know in our schools are reminded through the Dubuque
Community Public School leaders and through a Human Rights
subcommittee that bullying and harassment for any reason is not
tolerated;
.
People with disabilities we all know will be assured of easier access into
restaurants, movie theaters, stores and public gathering spaces through an
accessibility on-site analysis of individual businesses by commissioners and
volunteers. People with disabilities serve on this subcommittee, and they know
the challenges!
.
Hispanic, African American and Marshallese new residents-people we all
know-have a friendly place to gather once a month (Presentation Lantern Center)
to learn the nuances of their new location, find medical and language assistance
and enjoy friendship with one another.
We hope that people we all know throughout the City of Dubuque will continue to be assured of
equal rights as well as hospitality as the Human Rights Commission expands its outreach and
education during the next year and into the future.
COMMISSIONER REFLECTION
Patricia Foster
The year on the Human Rights Commission started in January 2004. There was a great
learning curve. This Commission has allowed me to meet people, work on goals, and become
aware of the legal process in challenging the process of justice.
I have worked with Commissions, the staff of the Human Rights Commission, and other people
in the community. This has allowed me to see a part of Dubuque I would never be exposed to if
it was not for the Commission.
Working with the goals has allowed me to learn about agencies that service our community, and
also meet the people that work with these communities.
I have been allowed to learn the process that is necessary to challenge processes that are
unjust.
The Human Rights Commission has allowed me to broaden my perspective. I am looking
forward to expanding my exposure and my work with this group.
COMMISSIONER REFLECTION
Lou Oswald
In attempting to serve our Dubuque community as a member of the Commission, I have grown
to better understand how our city operates. In my opinion, Dubuque has come a long way in tI
past few years with regards to promoting the quality of life for every resident of Dubuque. We
do, however, have a very long way to go before we can actually say that we have eliminated
discrimination in all areas of our community.
This past year marks my third year as a commissioner. I am extremely proud of our
accomplishments in our attempt to better educate Dubuque citizens while adequately
communicating their wants and concerns to our Dubuque city council. As commissioners, we
have specific goals that we hold ourselves personally responsible for. We continue to work on
these each and every month. Striving to get more citizens to communicate their ideas and
concerns to our office continues to be a challenge. It would seem that a lot of people have
concerns and opportunities, but experience difficulties bringing them to our table.
This brings me to my primary goal for 2005. Moving forward, it is my hope to better
communicate to our city council, our responsibility to listen to each individual, his or her hopes
and dreams for a better Dubuque. We must provide a constant and accessible means of
communication. With this better means of communication, with both the city council and all
boards and commissions, together as community leaders we will truly see a clearer path towal
becoming a stronger and more vibrant Dubuque. Regardless of what we believe in as
individuals, it should remain important to remember that we represent all of Dubuque. It is wh¡
we hear the collective voices of those we serve, that we will be able to respond with the
magnitude of force necessary to change our Dubuque. This will inevitably enable us to
experience a more profound and positive change for all, without discrimination.
COMMISSIONER REFLECTION
Vince Vanden Heuvel
As a member of the Dubuque Human Rights Commission, I have the privilege to work for justice
and equality. In some situations, an individual's only hope is placed before our commission
looking for enforcement of the law or the possibility to create change in order for justice to
prevail.
At our short annual retreat, we quietly reflected on what motivates us to be active on the
commission. For me the answer is compassion and responsibility. In "A Call To Character,"
Colin Greer and Herbert Kohl state: "Compassion involves recognizing the humanity in others. It
often consists of reaching out to people rather than waiting for them to come to you. It implies
solidarity which consists of standing with others who are in pain or are less fortunate than you
are." Reaching out to other people gives greater purpose in my life. To "lose" myself in other
people becomes a blessing to me. As I reflect on the members of the commission, I appreciate
their intent, spirit, and willingness to listen to others around our meeting table.
Responsibility brings about deeds, not words. By putting my personal beliefs into action I'm
able to not only give respect to myself, but also to others who are hurting and don't have a
voice. I have great admiration for Nelson Mandela, who after twenty-seven years in prison,
came out with compassion for his enemies and a call to action for his black brothers and sisters.
I am currently privileged to be a member of the Sexual Orientation subcommittee. We are
working to guarantee equal rights in education, housing, employment, public accommodation
and credit for the gay, lesbian, bi-sexual, and transgender population in Dubuque. Many are the
astute, the strong and the talented and gifted who serve as the leaders in our civic and church
communities. I realize my own limitations, but I know that I don't have to know everything in
order to do something. Being on this subcommittee has opened my eyes and heart to the
goodness and beauty of people. I know they hope in the future for equal rights. I look forward
to the openness of the city council to receive the facts expressed by the people of Dubuque.
Megan McKenna PhD, of the Pax Christi Organization, summarizes my thoughts better than I
ever could: "We should determine the way the largest number of human beings are treated by
the way those least available are treated, not the other way around. The task before us is
staggering, but it is the task of everyone who believes."
Evelyn Jackson
After being approached by several adults who expressed concern about the fighting between
students and the open selling of drugs by adults at the football games, I decided to check on
the matter.
We visited Dr. Kris Hall at the Forum, he told us we could have a meeting with principals. He
would arrange a meeting and would inform us of the time and place. We are still waiting.
Three commissioners and Director Kelly Larson attended a conference in Des Moines, Iowa.
The presenters were well prepared and we were exposed to new thoughts. We were able to
interact with others and exchange ideas.
Penny Ehlinger
During a recent interview, I asked a young woman what motivated her to put forth her great-
est effort. Without hesitating she answered, "My conscience," and immediately she was con-
sidered for a position. "Conscience" is not a word used widely or often in our daily vocabu-
lary. Clearly, the word's definition, "recognizing the distinction between right and wrong in re-
gard to one's own conduct," calls all of us to "put forth our greatest effort!"
In my opinion, the Commissioners on the Human Rights Commission know this concept well
and volunteer to serve because it is "the right thing to do." Evidence of this is seen in the pro-
gress made over the last year to fulfill the Commission's four goals: welcoming the city's
newcomers by making them aware of resources and ensuring that they know their rights; en-
couraging high school students to get involved in human rights and to become more accept-
ing of each other; promoting awareness and knowledge of how to provide better accessibility
for people with disabilities; and educating the community regarding issues of sexual orienta-
tion and the challenges being faced to obtain equal rights.
The Commission continues to move forward with much more to be accomplished. In partner-
ship with the Dubuque community, we continue to be focused and willing to listen, and
through this collaboration, the educational process will continue for all. It is through the art of
communicating, listening and educating that our greatest strength will be seen in our "work to
eliminate discrimination and promote the quality of life for every resident in the city of Du-
buque."
07101/03
07/11/03
08/04/03
09/2003
10/2003
10/09/03
10/28/03
12/09/03
12/2003
01/19/04
02/06104
02/16/04
EDUCATION AND OUTREACH
The Director spoke to the managers of Applewood Apartments on fair housing law.
The Director met with a representative from the University of Wisconsin to discuss
study circles.
Staff created a resource brochure to assist new families arriving in Dubuque.
The Director and City Solicitor provided five, two-hour civil rights training sessions
for all city staff.
Staff sent letters to downtown churches offering an educational session on fair
housing.
The Director spoke to a Human Resources Management class at the University of
Dubuque on discrimination in employment.
The Director spoke to sociology students from the University of Platteville,
Wisconsin, on human rights issues.
The Human Rights and Housing Services Departments sponsored a free
workshop entitled, "Home Access Modification and Barrier Removal Workshop" to
educate the community about accessing local, state and federal funding sources
to improve housing options for people with physical, cognitive and sensory
impairments.
Staff completed the following new brochures: one on accessibility and temporary
events to be handed out with temporary event permits; one on readily achievable
accessibility changes to be handed out to businesses through the Building
Services Department; one on fair housing accessibility requirements to be handed
out to contractors through the Building Services Department.
The Director served as chair of the planning committee for the Martin Luther King
holiday events, which culminated with a breakfast and other activities on
January 19.
The Director participated in a panel discussion at Friends of the Community
regarding welcoming new residents.
The Commission Chair, Judy Giesen, spoke to staff and residents at the Maria
House on women's issues.
02/23/04
03/2004
03/26/04
04/2004
04/03/04
04/13/04
04/22/04
04/26/04
04/29/04
05/20/04
06/02/04
Monthly
EDUCATION AND OUTREACH
The Director spoke to students at Clarke College regarding careers in human
rights.
The Human Rights Commission produced the booklet "People We All Know" and
distributed it throughout the community to raise awareness about issues
surrounding discrimination based on sexual orientation.
Commissioner Ross spoke to the Friends of the Community regarding sexual
orientation subcommittee work.
Throughout the month of April, staff ran fair housing advertisements on radio,
television, billboards and buses in recognition of fair housing month.
The Director presented a session for landlords on fair housing as part of the Crime
Free Multi-Housing Program.
City Expo
The Director met with the Clarke College Human Rights Action Group (HRAG) to
discuss opportunities for HRAG involvement in the community.
The Director spoke to the Rotary Club on Welcoming New Residents.
The Director staffed an information booth at the Northend Neighborhood Resource
Fair at Audubon School.
A Commissioner spoke to students at Central Alternative High School on human
rights issues in general.
The Director spoke to Marshallese residents regarding eligibility for public benefits.
The Human Rights Commission made efforts to communicate with newcomers
regarding their experiences and concerns in the community through the work of
the welcoming newcomers subcommittee.
DUBUQUE DISPUTE RESOLUTION
CENTER VOLUNTEERS
Anthony Allen*
Thea Bach
Judy Carr
Dorothy Culbertson
Thom Determan*
Chris Gorrell*
Dana Kisting
Roger Maiers*
Hiram Melendez*
Harry Neustadt*
Francine Quillin, BVM
Ruby sutton*
*Denotes member of DDRC Advisory Board
MONTHLY STATISTICAL REPORT
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Mediations declined:
1
1
1
1
6
2
Resolved prior to mediation:
3
1
Mediations held:
Successful:
Unsuccessful:
1
1
1
1
1
1
3
3
Number of intake received:
1
4
1
2
1
2
11
Number of truancy mediations held: 64
DDRC EDUCATION AND OUTREACH
02/05/04
Hiram Melendez, Chair of the DDRC Advisory Board, spoke to the Historic Bluffs
Neighborhood Association regarding the services offered by the DDRC.
02/10/04
Hiram Melendez spoke to the Valley View Neighborhood Association regarding
the services of the DDRC.
--
CITY OF DUBUQUE ORGANIZATIONAL CHART
Corporation Counsel
CITY COUNCIL
City Clerk
Libra
Airport
Assistant City Manager
Cable 1V
Public Information Officer
CITY MANAGER
Neighborhood Development
Personnel Manager
Budget Director
- Emergency Communication
Building Economic Finance Fire
Services Development Department Department
Department Department
Emergency
Parking System Management
Transit Division
Health
Services
Department
Housing &
Community
Deveiopment
Human
Rights
Department
Information
Services
Department
Leisure Services
Department
Operations &
Maintenance
Department
Planning
Services
Department
Police
Department
Public Works!
Engineering
Department
Water
Department
Water Pollution
Control
Department
Civil Center
Park
Recreation
COMPLAINT PROCESS AT A GLANCE
A complaint is filed when a person feels that helshe is the victim of unlawful discrimination. A com-
plainant may file a complaint with the Human Rights Department within 180 days of the alleged dis-
criminatory act. Any of the Department's staff can perform the intake interview establishing that the
Department has authority in the matter üurisdiction 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, documenta-
tion examination, and face-to-face meetings with both the complainant and the respondent to dis-
cuss 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 evi-
dence 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 respon-
dent 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 often represented by private counsel.
The attorneys present the facts of the case to the administrative law judge. The City Solicitor repre-
sents the public interest.
The full commission reviews the recommended order and the record of the hearing. If the commis-
sion finds that discrimination has not occurred, the case is dismissed, but if the finding is that dis-
crimination 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 re-
spondent can appeal the commission's order within 30 days to the courts.
COMPLAINT PROCESS AT A GLANCE
Intake InteIView
A Complaint is Filed
(Must be within 180 days of the
alleged unlawful act
Respondent is Notified
(The person or enlity whose action is the
subject of the complaint)
Mediation Conference
(If agreed to by both parties)
~
If Successful
~
Couciliation Agreement
"
If Unsuccessful
Investigation
I
I~
No Probable Cause
(Case dismissed)
~
Further Review'
Detennination
"
Probable Cause
Post Probable Cause Conciliation Effort
(Conducted by the Department)
~
If Successful
~
Conciliation Agreement
"
If Unsuccessful
Pre-Hearing Review
Public Hearing
(Held before an Administrative Law Judge)
Commission's Order After Hearing
(No iliscrimination found-case dismissed
OR
Discrimination found-corrective action ordered)
Recommended Order
(Prepared and sent to the full commission)
~
I' Complainant has 30 days to requestjudici~al
I review
12 Complainant or Respondent can appeal
I~ the decision to the District Court within
30 days.
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MEMORANDUM
November 24, 2004
TO: The Honorable Mayor and Members of the City Council
FROM: Kelly Larson, Human Rights Director
SUBJECT: 2004 Human Rights Commission Annual Report
Attached please find the Human Rights Commission's Annual Report for FY04.
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.
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HUMAN RIGHTS
COMMISSION
July 1, 2003-July 1, 2004
The Human Rights Commission shall work to eliminate discrimination
and promote the quality of life for every resident in the city of
Dubuque.
Honorable Mayor and City Council:
The following pages contain the details of the Human Rights Commission's work in the re-
cently completed fiscal year.
This year has proved to be the most challenging year we have faced since I accepted the
Director's position five years ago. Our enforcement responsibilities consumed an increas-
ing amount of staff time as our caseload continues to rise. Both locally and nationally, we
have seen a corresponding rise in the number of cases resulting in no legal remedy, which
has raised questions about the thoroughness of investigations by agencies with limited
staff. Consequently, our office has made a renewed effort to scrupulously investigate
claims to assure there are no miscarriages of justice in our obligation to strictly enforce the
laws prohibiting discrimination-a particularly daunting task in times of increasing
caseload. Still, where we cannot offer a legal remedy, we try not to lose sight of that which
we can offer-empathy for individuals and the situations in their lives.
Also this year, we have made a concerted effort to offer assistance to victims of hate inci-
dents. We are operating out of a concern for the impact that such incidents have on vic-
tims and on the community at large, even where the incidents may not rise to the level of a
prosecutable hate crime. Again, while the legal remedy may not be available, we believe
our obligation includes taking steps to minimize the likelihood of escalation of incidents or
retaliatory action, and to support the victims through the physical and psychological injury
resulting from such events.
Finally, while staff is consumed with enforcement, the Commission is focused on outreach
and education in the community. I hope that you will read the reflections of our Human
Rights Commissioners. While reasonable minds often differ on the work that should or
should not be undertaken in the name of human rights, there is one thing that I believe
shines through in these reflections that all of us can respect: the passion that each of these
persons has for humanity. Former Supreme Court Justice William Brennan has stated that
the law should always be premised not only on reason but also on passion, lest our ab-
stract reasoning lead us astray. As I review the Commissioner reflections, I am reminded
of the value of this balance that they offer.
As always, we appreciate your continued support and understanding of our tasks, particu-
larly in challenging times.
Respectfully submitted,
Kelly Larson
Human Rights Director
CASELOAD STATISTICAL DATA
Charge # Date Area/Basis Status
1. 4040 07/02/2003 Employment/Race Administrative Closure
2. 4041 07/03/2003 Employment/Sex No Probable Cause
3. 4042 07/18/2003 Employment/Disability Mediated
4. 4043 08/12/2003 Employment/Disability/Age Administrative Closure
5. 4044 08/12/2003 Employment/Sex/Age No Probable Cause
6. 4045 08/12/2003 Employ/Sex/Retaliation Right-to-Sue
7. 4046 08/12/2003 Employ/Age/Disability No Probable Cause
8. 4048 09/17/2004 Employ/Religion/Sex No Probable Cause
9. 4049 08/22/2003 Employ/Race/Retaliation Conciliated
10. 4050 09/08/2003 Employment/Race Administrative Closure
11. 4051 09/09/2003 Employment/Race Mediated
12. 4052 09/09/2003 Employment/Race No Probable Cause
13. 4053 10/02/2003 Employment/Race Administrative Closure
14. 4054 10/03/2003 Employment/Sex Administrative Closure
15. 4055 10/06/2003 Employment/Age No Probable Cause
16. 4056 10/24/2003 Employment/Race Administrative Closure
17. 4057 10/28/2003 Employment/Age Administrative Closure
18. 4058 11/12/2003 Employment/Sex Administrative Closure
19. 4059 11/12/2003 Employ/Age/Disability Administrative Closure
20. 4060 11/18/2003 Employment./Sex Under Investigation
21. 4061 11/18/2003 Housing/Race No Probable Cause
22. 4062 12/01/2003 Employment/Disability Administrative Closure
23. 4063 12/03/2003 Employment/Retaliation Under Investigation
24. 4064 12/09/2003 Employment/Age/Disability No Probable Cause
25. 4065 12/09/2003 Housing/Race No Probable Cause
26. 4066 01/22/2004 Employment/Disability Mediated
27. 4067 01/02/2004 Public Accomm/Disability Mediated
28. 4068 01/06/2004 Housing/Disability No Probable Cause
29. 4069 01/13/2004 Employment/Disability Administrative Closure
30. 4070 01/16/2004 Employment/Disability No Probable Cause
31. 4071 01/15/2004 Public Accomm/Race Under Investigation
32. 4072 02/03/2004 Public Accomm/Disability Administrative Closure
33. 4073 02/03/2004 Public Accomm/Disability Mediated
34. 4074 02/06/2004 Public Accomm/Natl Origin Under Investigation
35. 4075 02/12/2004 Employment/Disability Mediated
36. 4077 02/16/2004 Employ/Sex/Natl Orig/Retalia Under Investigation
37. 4078 03/02/2004 Employment/Age Administrative Closure
38. 4079 03/04/2004 Employment/Sex Under Investigation
39. 4080 03/08/2004 Employment/Age/Disability Under Investigation