Human Rights Commission Annual Report FY 2011THE CITY OF
Dui
Masterpiece on the Mississippi
TO The Honorable Mayor and Members of the City Council
FROM Kelly Larson, Human Rights Director
DATE December7,2011
SUBJECT FY2011 Annual Report
INTRODUCTION
Attached please find the Human Rights Commission's Annual Report for fiscal year 2011
Dubuque
AU- America City
11 1111
2007
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
Prepared by
Carol Spinoso
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: FY 2011 Human Rights Commission Annual Report
DATE: December 10, 2011
Dubuque
knerd
All-America City
hill!
2007
Human Rights Director Kelly Larson is transmitting the Fiscal Year 2011 Human Rights
Commission's Annual Report.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kelly Larson, Human Rights Director
ityo Pu.uque
Human Rights Department
Annual Performance Report
July 1, 2010 - June 30, 2011
Human Rights Department
City Hall Annex
1300 Main Street
Dubuque, Iowa 52001 -4732
563- 589 -4190 office
563- 690 -6691 fax
563- 589 -4193 TTY
humanrgt@cityofdubuque.org
Dubuque
All- AmericlCitY
2007
Honorable Mayor and City Council:
Masterpiece on the Mississippi
I am pleased to present you with this year's annual report, which reflects our work during a year
of transition. The transition we experienced was a direct result of citizen input that began with
your decision to initiate dialogue on crime and safety in Dubuque at a public forum in 2009.
This forum was attended by more than 130 residents and resulted in the appointment of a group
of 25 volunteers to a "Safe Community Task Force." This diverse group of volunteers was
asked to holistically look at both the causes of, and solutions to, crime in Dubuque and provide
recommend goals and objectives to the leadership of Dubuque. On August 16, 2010, the City
Council approved reorganization of the Human Rights Department based on one of those
recommendations: That the City make human relations efforts a priority throughout the
community. The Task Force recommended city -wide efforts to: 1) increase tolerance and
mutual understanding among the diverse segments of the population, and 2) adopt educational
initiatives that foster community solidarity and global citizenship. Other recommendations
related to building relationships amongst residents, engaging residents as volunteers, and
connecting with new residents. In addition, the SCTF commissioned a 2010 Study on Crime
and Poverty from the Northern Illinois University Center for Governmental Studies (NIU),
seeking recommendations on research -based methods for crime prevention and community
safety. Portions of the study and associated literature, along with the presentation provided by
the study authors, emphasized the need for stronger social capital and social networks amongst
residents, less social distancing across groups, and a stronger sense of community for all
members of our population. Finally, the study itself evidenced a disconnect between resident
perception and factual reality in terms of crime statistics, emphasizing a need for continued
communication between City staff and residents. In order to meet these goals, staff duties were
restructured so that discrimination complaint investigations are now handled by the City Legal
Department.
The work of the Human Rights Department constitutes one small piece of making the Safe
Community Task Force recommendations a reality. The reorganization permits staff to focus on
conflict management, intercultural competence, and cultural change towards the goal of creating
an inclusive community where people of all backgrounds can live productively and contribute.
In a sense, we are the "people" part of sustainability, and our efforts are integral to creating a
truly Sustainable Dubuque.
Respectfully submitted
o7-)
Kelly Larson
Human Rights Director
DUBUQUE HUMAN RIGHTS DEPARTMENT
FY11 ANNUAL PERFORMANCE REPORT
Dubuque City Council
Roy Buol, Mayor
David Resnick
Kevin Lynch
Joyce Connors
Ric Jones
Karla Braig
Lynn Sutton
Human Rights Commissioners
Anthony Allen, Chairperson
Lori Apel
Frederick Davis
Andrea Beacham
Megan Gloss
Kurt Hansen
R.R.S. Stewart
Lynn Sutton
Mike Elliott
Administrative Staff
Kelly Larson
Director
Andre Lessears
Training &Workforce
Development
Coordinator
Molly Menster
Human Relations
Specialist
Agency Overview
Carol Spinoso
Intake Specialist
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, Intake
Specialist and Training and Workforce Development Coordinator. 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 Multicultural Family Center, the
Safe Community Advisory Committee, the Black Men's Coalition, the Hispanic Community
Group, the LGBTQ Youth Group, the Dubuque Dispute Resolution Center, the League of Iowa
Human Rights Agencies, the Iowa Civil Rights Commission, and the Regional Executive Council
on Civil Rights.
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.
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
On August 16, 2010, the City Council approved reorganization of the Human Rights Department
to permit increased focus on human relations activities in the community. With reorganization,
complaints are now forwarded to the Legal Department for investigation. This permits staff to
focus on mediation, conflict management, intercultural competence, and cultural change
towards the goal of creating an inclusive community where people of all backgrounds can live
productively and contribute. The Department's work supports the social /cultural vibrancy goals
of Sustainable Dubuque.
The following pages provide the details of our action plan and our performance during FY11.
FY11 Performance Results
CASELOAD ACTIVITY /ENFORCEMENT
During fiscal year 2011, 546 individuals contacted the office requesting assistance or
information. Twenty -one of those inquiries resulted in a formal case filing. Thirty cases
were processed and closed. Case investigations are now being handled by the city's Legal
Department.
2011
2010
2009
2008
2007
2011 Intake Summary
525
469
Mir 518 30
0 100 200 300 400 500 600 700
1 Resolved /Referred
Formal Complaints
2011 Cases Filed & Cases Closed
N'a° e`0 air QQ 4'a� ti
• Cases Filed Cases Closed
FY11 Performance Results
CASELOAD SUMMARY
The majority of the cases filed were in the area of employment. In fact, 67% of the 21
cases filed in FY11 were in the area of employment. The area of housing accounted for
14% of the total cases filed, and public accommodation 19 %. This breakdown reveals
that employment continues to comprise the largest share of the breakdown as in past
years, though we have seen some increase in public accommodation cases.
t14% h. 67%
2011 Case Breakdown by Area
Employment Housing Public Accommodation
Disability and sex claims encompassed the greatest shares of the 21 cases filed in
fiscal year 2011, followed by age, race, retaliation, gender identity, national origin,
sexual orientation and religion.
Breakdown by Bases
Disability
Age
Sex
Race
• Retaliation
• National Origin
• Gender Identity
• Sexual Orientation
• Religion
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 may be greater than the number of cases by area.
FY11 Performance Results
CASELOAD STATISTICAL DATA
Breakdown of Cases into Area and Basis of Discrimination
Area Y2009 FY20 I 0 FY20 I I
Employment 22 31 14
Disability 6 7 5
Sex 6 9 3
Race 6 4 5
Age 3 5 5
National Origin I 3 I
Retaliation 4 I 3
Gender Identity I I 0
Sexual Orientation 0 3 0
Public Accommodation 5 5 4
Disability I I I
Sex I 0 0
Race I 0 I
Religion 0 0 0
National Origin 0 0 0
Gender Identity 3 3 3
Sexual Orientation 0 I I
Housing 8 4 3
Disability 3 0 2
Sex I 2 I
Race 5 0 I
Age I 0 0
National Origin 0 0 0
Familial Status I I 0
Retaliation 0 I 0
TOTAL CASES FILED 35 40 21
Cases filed to one area (r e employment) may have alleged discrimination on one or more bases (r e disability and
age), therefore the total by bases may be greater than the number of cases by area
CASES CLOSED /RESOLVED
July 1, 2010 - June 30, 2011
Employment 23
Disability 7
Sex I0
Race 4
Age 2
Retaliation 3
National Origin I
Gender Identity 0
Sexual Orientation I
Religion I
Housing 3
Disability I
Race I
Sex I
Familial Status 0
Public Accommodation 4
Gender Identity 2
Disability I
Sexual Orientation I
Total Cases Closed 30
Disposition of Closed Complaints in 2011
u Administrative Closure
o Probable Cause with
Settlement
No Probable Cause
o Settlement /Mediation
Total monetary settlement awards: $37,400.00.
SAMPLE CASE DISPOSITIONS
• An administrative law judge issued a probable cause finding in a housing
claim involving sex discrimination. The Complainant, a single female, rented
an apartment from Respondent for six years. She alleged that Respondent
subjected her to sexual harassment when he hugged her, forced her into a
sustained kiss, touched her inappropriately and forced her into performing
manual and oral sex. She further alleged that when the Respondent made
needed repairs to her apartment, he would ask her for sexual favors as an
expression of gratitude. She alleged that there were two incidents of
intercourse early in the rental relationship. The Complainant stated that she
was fearful of being evicted if she didn't comply with his requests. The
evidence gathered revealed clearly that Complainant was uncomfortable with
Respondent's conduct, and that other female tenants expressed concerns
about the Respondent's behavior towards them and discomfort with his
sexual advances. The Respondent admitted to hugging, kissing, and rubbing
the shoulders of all of his tenants. The investigator concluded that the
balance of evidence supported a finding of probable cause to believe that the
Complainant was subjected to unwelcome sexual conduct. After a finding of
probable cause, the parties conciliated the claim for $30,000 along with
restrictions on Respondent's ability to continue managing rental property.
> The Complainant, a 20- year -old female, alleged that she was discriminated
against in the area of employment on the basis of sexual orientation. She
alleged that once her manager and co- workers learned of her sexual
orientation she was harassed, her hours were cut, and they no longer
accommodated her college schedule. She alleged that co- workers circulated
nasty rumors around the workplace and that after she reported this
harassment to management, her hours were cut from 30 to approximately 15
hours per week while her co- workers' hours remained the same. The
Complainant stated that the harassment increased, which necessitated a
meeting with management. The Complainant alleged that during that meeting
she was repeatedly asked about her personal life and questioned as to
whether the rumors circulating were true. The Complainant further alleged
that she presented a request to accommodate her school schedule to her
supervisor, and that her request was denied without explanation, while school
schedule accommodations were granted for seven other students who had
made a similar request. The parties entered into mediation and the complaint
was settled for $6,500.
> A case alleging racial discrimination and retaliation in employment proceeded
to public hearing following a finding of probable cause. The Human Rights
Commission issued a finding of retaliation and awarded damages. The case
is currently on appeal to the Iowa District Court for Dubuque County.
100%
80%
60%
40%
20%
0%
FY11 Case Processing Results
711
7-•
41%
•
00%
% cases Admin. % investigations % successful % cases accepted
Closures completed mediations by state /fed
within 150 days within 300 days partners
EDUCATION AND OUTREACH
This year, the Human Rights Department, with the help of dedicated Commissioners and
volunteers, exceeded our goals for outreach and education. Our major accomplishments this
year are listed below.
• We reached 3,093 individuals through over 126 training and outreach sessions totaling 185
hours, with a specific emphasis on prevention and providing tools individuals can use if they
choose to improve their ability to work effectively across cultures.
70
0 60
al 50
6 40
', 30
20
6 10
0
Housing
10 hrs
I 4
54
62
Employment Community Intercultrual
7 hrs Outreach Competence
76 hrs 92 hrs
Type of Training
• Residents found our training sessions to be effective and useful, giving us an average rating
of 6.2 on a 7 point scale.
7
6
5
4
3
2
1
Customer Evaluations
• .6
6.0
5.8
•
6.4
Provide a better
understanding
Will use information
received
Trainer effective in
making info
understandable
Satisfied with overall
quality of training
• Staff and commission members coordinated or assisted with various community events: ADA
Roundtable — 20t" Anniversary of the ADA Taste of the World, Summer Street Jam, MLK
Celebration activities, Community Days of Caring, Juneteenth, and City Expo. Information was
distributed at events sponsored by the North End Neighborhood Association, Church Women
United, and Jefferson Middle School.
14
12
10
8
6
4
2
0
Media Coverage
7
7
_z
7
_/
l
1
Media
coverage /PR /ads
Public events attended
Programs created for
Channel 8
• We worked towards prevention through "leading by example," with the city's inter - cultural
competence initiative.
20
• We made conscious efforts to personally discuss the value of mediation with complainants
and respondents, as often as feasible;
• We worked with community volunteers and independent partner organizations opening the
doors for dialogue through 41 Speakers' Bureau presentations highlighting individual
experiences of race, sexual orientation, disability, or national origin in our community. The
national origin engagements were referred to our partners at the Presentation Lantern Center,
the International Speakers Bureau.
20
18
16
14
12
10
8
6
4
2
0
Race
Sexual Orientation National Origin Disability
PROFESSIONAL DEVELOPMENT
• Staff attended 129 hours of legal training this year, with attendance at the Upper Midwest
Employment Law Conference, the U.S., Department of Housing & Urban Development Policy
Conference and the National Fair Housing Training Academy. 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 Director, Human Relations Specialist, and Training and Workforce Development
Coordinator attended the Summer Institute on Intercultural Communication.
• The Director attended an introductory webinar and a practicum on group facilitation and
community building using Peter Block's "Six Conversations that Matter."
• The Human Relations Specialist and Training and Workforce Development Coordinator
attended training to become certified administrators of the Intercultural Development
Inventory.
EQUAL OPPORTUNITY /WORKFORCE DEVELOPMENT
Initiative: Intercultural Competence Initiative
Brief description of partnership: This project is coordinated by the City of Dubuque's Steering
and Training teams. The Human Rights Department staff members occupy leadership roles on
both teams and guide the efforts.
Update on current status: The Training team offered 10.5 hours of Foundations of
Intercultural Competence and Intercultural Conflict Styles training to City staff hired in the past
year, and met regularly to further develop training skills and future sessions. Staff also offered 5
hours of foundational intercultural competence training to City Board and Commission members
in September and again in April. Staff collected data for a five year progress report, including
administering the Intercultural Development Inventory to leadership and reporting out the
results, facilitating community and employee focus groups, and gathering feedback from
management team. IDI administrators provided one -on -one feedback of IDI profiles to
employees. The Steering Team and subcommittees also instituted an Intercultural Competence
Administrative Policy, offered four culture- specific mini - trainings for City staff, implemented an
on -line application system called NEOGOV, assisted with the addition of signage in Spanish in
City Hall, raised awareness of the availability of Language Line Services for staff members, and
continued to provide regular intercultural tips at management team and in the employee
newsletter.
Initiative: Workforce Development
Brief description of partnership: The Training and Workforce Development Coordinator
partners with several organizations on workforce development issues both internally for the City
and in the community as a whole.
Update on current status: The Coordinator participated in the Women in Non - Traditional
Career event and also assisted with arranging John Deere Dubuqueworks recruitment through
the Multicultural Family Center. He solicited management input on next steps for employee
engagement teams, and he instituted a coaching pilot project to assist managers through the
hiring process. He also worked with the Police Department to develop changes to the
recruitment process, including incorporating community member assistance and an essay to
assess interpersonal and intercultural skills, offering interviews based on the full picture of
candidates' qualifications (rather than test scores alone), and expanding recruitment visits to
college campuses.
COMMUNITY ENGAGEMENT
Initiative: Community Resource Groups
Brief description of partnership: These are affinity groups of traditionally marginalized
community members who are seeking culture specific support and resources, and who are
seeking to better connect with one another and the community as a whole. They include the
LGBTQ Youth Network, the Black Men's Coalition, and the Hispanic Community Group.
Update on current status: Each group is responsible for defining its needs. Human Rights
staff serve as liaisons between the groups and various organizations in the community with
whom group members are seeking to build relationships or to whom they would like access.
The Black Men's coalition is currently working on reading with elementary age students and
mentoring with high school students. The LGBTQ youth group is connecting youth with one
another and positive mentors and role models in the LGBTQ community. The Hispanic
Community Group is meeting with various community leaders to dialogue, build relationships,
and seek resolutions to issues facing various Hispanic and Latino members of the community.
Initiative: Police- Community Dialogue on Race
Brief description of partnership: This is a partnership between Human Rights staff, African
American community members and police officers, designed to facilitate dialogue around police -
community relations.
Update on current status: African American community members and police officers are
recruited to participate in five to seven, two hour orientation sessions relationship building
activities, intercultural competency materials, identifying the most common areas of conflict and
miscommunication between police officers and African- American community members, and
having dialogue around each of these areas of conflict and miscommunication. We have
facilitated two mixed groups of officers and community members through these sessions. Some
of the individuals later participated in pilot panel presentations for the following groups: city
employees, police officers (on two separate occasions), the NAACP, and the general public at
the Multicultural Family Center. Panelists have since expressed an interest in designing an
action plan rather than continuing with the panel, and we are investigating best practices for
their consideration.
Initiative: Community Days of Caring
Brief description of partnership: The Human Rights Department, Housing Department,
Neighborhood Development Specialist, neighborhood residents, and Director of the Washington
Neighborhood Development Corporation coordinated a team for the annual Community Days of
Caring event.
Update on current status: The group coordinated a group of 65 volunteers to assist with work
on homes and businesses within the Washington Neighborhood, some of which had been
identified as needing repairs as part of an inspection program. The group of volunteers was a
mix of city staff and community members of various races and ethnicities, working
collaboratively towards the common goal of assisting home and business owners in the
Washington Neighborhood.
Initiative: Faces & Voices
Brief description of partnership: Faces & Voices is a community group that plans the annual
Dr. King Tribute Days and also coordinates with sponsors of 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 Robyn Afrik, who
speaks and writes on race relations, cross - cultural issues and intercultural families. In addition
to hosting Ms. Afrik as a speaker at the annual breakfast, the group also: 1) hosted a luncheon
with Ms. Afrik and community leaders; and 2) hosted an evening educational session with Ms.
Afrik. 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 23 intakes and conducted two
neighborhood related mediations.
COMMUNITY ACTIVITIES /PARTNERSHIPS /OUTREACH
Initiative: Safe Community Task Force and Safe Community Advisory Committee
Brief description of partnership: The Human Rights Director served as the initial facilitator of
the Safe Community Task force, a diverse group of residents who came together to discuss
community safety concerns. The Director also serves as staff support to the Safe Community
Advisory Committee, established to oversee implementation of the Task Force
recommendations.
Update on current status: During FY2011, the Human Rights Department implemented the
following Task Force recommendations: 1) coordinating the 2010 Study on Crime and Poverty
conducted by Northern Illinois University Center for Governmental Studies; 2) reorganizing the
Human Rights Department in order to increase human relations and prevention efforts in the
community; 3) periodic intercultural competence training to City staff, City Board and
Commission member and the general public. The Human Rights Department also is working on
two additional recommendations: 1) encouraging the Dubuque Community School District to
develop a meaningful intercultural competency program for students at all levels, and 2)
connecting new residents, particularly those who may riot be referred by an employer, to the
welcoming program through the Greater Dubuque Development Corporation.
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 Director sits on the Board of Directors for the Center. Staff has
assisted with fundraising, office support, and various events throughout the year, including
Juneteenth, Taste of the World, the Summer Street Jam, Halloween, and providing occasional
mini - trainings on intercultural competence.
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 a pre- 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.
COMPLAINT PROCESS AT A GLANCE
Intake Interview
A Complaint is Filed
(Must be within 300 days of the alleged unlawful act)
Respondent is Notified (The person or entity
whose action is the subject of the complaint)
Mediation Conference
(If agreed to by both parties)
•
If Unsuccessful
•
Investigation
Determination
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
2 In a fair housing case the Complainant may elect to
commence a civil action in court.
"Complainant or Respondent can appeal the decision
to the District Court within 30 days.
► If Successful ON-
0. No Probable Cause ►
(Case dismissed)
► If Successful ON-
Mediation Aereement
Commission's Order After Hearing
(No discrimination found —case dismissed
OR
Discrimination found — corrective action ordered)
Court Appeal 3
D UBUQUE •
HUMAN RIGHTS
COMMISSION
CITY OF DUBUQUE
HUMAN RIGHTS DEPARTMENT
1300 MAIN STREET
DUBUQUE, IA 52001
563 - 589 -4190
Visit us on the web
www.cityofdubuque.org
ciicrnlNABI F
DUBUQUE
viable livable equitable