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Human Rights Annual Report D~~~E ~</k.~ MEMORANDUM November 20, 2006 TO: The Honorable Mayor and Members of the City Council FROM: Kelly Larson, Human Rights Director if SUBJECT: 2006 Annual Report Attached please find the Human Rights Commission's Annual Report for fiscal year 2006. 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. I I . Dubuque Hum'ln Rights Commission .Jul~ 1,2005- .June ao, 2006 I An n u~ I Report Lt. Governor Recognizes Dubuque's Accessibility Efforts I Pictured: Brett Mills, Sr. Helen Huewe, Al Lund, Jane Steele, David Harris, Lt. Governor Sally Pederson, Kelly Larson, Mark Henning, and Sarah Davidson The City of Dubuque Hous- ing and Community Devel- opment Department was recognized at the August 1, 2006 Lt. Governor's Summit on Housing For Persons with Disabilities, for their accomplishments toward providing commu- nity living options that meet the housing needs for people with disabilities in the community. City of Dubuque Human Rights Commission 1300 Main Street, City Hall Annex Dubuque, Iowa 52001-4732 563-589-4190 Phone-563-589-4193 TDD www.cityofdubuque.org Page 2 City of Dubuque City Council Roy Buol, Mayor Ann Michalski Kevin Lynch Joyce Connors Ric Jones Karla Braig Patricia Cline Human Rights Commissioners Jim Jarrard, Chairperson JUdy Giesen Evelyn Jackson Dave Loney Anthony Allen Mary Gassman Marcos Rubinstein Bill Ross Vince Vanden Huevel i\dJninistrativeStaff Kelly Larson Carol Spinoso Molly Menster Director Intake Specialist Human Relations Specialist Overview Commission The Dubuque Human Rights Commission was created in 1963 by passage of the Dubuque Human Rights Ordinance. It consists of nine members serving 3-year terms at City Council appointment. In addition to establishing overall policy, the commission works closely with staff in evaluating community needs and taking ap- propriate action to satisfy those needs. Regular commission meetings are held at 4:15 p.m. on the second Monday of each month. Mandate The commission's mandate is to eliminate discrimination in the areas of employ- ment, housing, public accommodation, credit, and education on the basis of age, race, sex, disability, creed, color, national origin, religion, sexual orientation, famil- ial status, or marital status (in credit only). The authority and responsibility is granted through Chapter 27 of the Code of Ordinances of the City of Dubuque, Iowa. 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. - I , Page 3 Honorable Mayor and City Council: Jim Collins, author of Good to Great, states that the most successful organizations "distinguish their timeless core values and enduring core purpose (which should never change) from their operating practices and business strategies (which should be changing constantly in response to a changing world)." Here in Dubuque, we have been enforcing civil rights laws for nearly forty years - and times have certainly changed. The question, of course, is whether our office is adapting to those changing times in a way that will lead to progress rather than to stagnation or mediocrity. As you review the following pages, you will see a continued gradual increase in overall contacts with the office and in the number of formal complaints filed, with a particular increase in cases alleging discrimination based on age or disability or some combination of the two. Progress demands that we continually ask "why." We must not only ask why we are seeing an increase in complaints or certain types of complaints, but we must also ask why nearly 50% of the cases we handle result in a finding that there is no legal remedy available. Then, we must ask how best to respond, keeping in mind our overarching purpose of ensuring equality of opportunity. One response to the increasing number of disability complaints has been a Human Rights Commission focus on accessibility. The Commission trained teams to survey businesses for accessibility, and has made efforts to educate businesses on the need to make readily achievable changes. We invited disability rights advocate Evelyne Villines to offer the keynote address at the annual Dr. King breakfast and to challenge all sectors of the community to create truly accessible and usable environments. We held town hall meetings to assess consumer interest in establishing a center for independent living here in Dubuque, resulting in a core group of residents receiving governance training. We offered a presentation on creating ADA-compliant parks at the statewide park and recreation conference, and we continued our ongoing work with the City's ADA/504 committee. We also supported the work of Step-by-Step, a non-profit organization that is close to raising sufficient funds to begin construction on affordable accessible housing _ a community collaboration that resulted in the Housing and Community Development Department receiving the Lieutenant Governor's award featured on the front cover of this report. More difficult to answer is the question of why half of our complaints end with no legal remedy. While we have not fully answered that question, we have identified key concerns that we believe playa role and should inform our response in the coming year. One is the necessity of spending additional staff time devoted to the legal intricacies of effective civil rights enforcement in today's world of subtle and institutionalized discrimination. A second is the need to better educate the public on the current state of the law. And yet a third is to develop stronger alternative dispute resolution options for those circumstances where human failings prevent amicable resolution without third party intervention, but where legal action is not an effective solution. Dubuque Human Rights Commission Page 4 We are hopeful that some of the changes over the past year will help us to develop a progressive program for the future around these key concerns. We have restructured our office with Bill Blum's retirement, and while his loss is significant, we are thrilled with the addition of our third full-time employee, Human Relations Specialist, Molly Menster. We also embarked on a multi-year intercultural competence and organizational development project with One Ummah Consulting that is bound to lead to sustained change over time. We will be training a core group of trainers to continue the work of developing individuals' intercultural competence skills, and we believe that adding this to our educational work will help in responding to human relations disputes that fail to meet legal standards. "Change is inevitable. . . progress is optional." This quote figures prominently in everything that we receive from One Ummah Consulting. As always, we appreciate your continued support as we consider how we might best change our strategies in order to continue to further our purpose of ensuring equality of opportunity here in Dubuque. Respectfully submitted, Kelly Larson Human Rights Director Dubuque Human Rights Commission Page 5 CASELOAD REPORT During fiscal year 2006, 653 individuals contacted the office requesting assistance or information. Forty-seven of those inquiries resulted in a formal case filing. Forty-four cases were processed and closed. 2006 Intake Summary 700 " 600 39 53 600 " " <<Xl o Formal Complaints l 606 -592 o Resolved/Referred 526 <<. .... ml 0 2006 2005 "'" 2003 2002 2006 Cases File & Cases Closed 12 10 8 6 4 2 o O~ ~o/ 0' ":f)e;. ":f)e;. ~e;. '1J-<A '1J-~ &0' ~~ ,~~ f>,..::f$ 0~ i::P 0~ 0~ flJ-~oS '.:J;)~ ~1j ~ ,) l fX"::! 0 o~ rJ3 'S <<0 00 ~ Q I_ Cases Filed 0 Cases Closed I ]tl~ , ~1f, 00(0 ~v\:' Dubuque Human Rights Commission Annual Report Page 6 CASELOAD SUMMARY The majority of the cases filed were in the area of employment. In fact 81 % of the 47 cases filed in FY06 were in the area of employment. The area of housing, meanwhile, accounted for 13% of the total cases filed, and public accommodation 6%. This breakdown is consistent with past years' filings, as employment has comprised the largest share of the breakdown in past years as well. 2006 Case Breakdown by Area 6% D Employment . Housing D Public kcommodation 81% The basis of disability encompassed the greatest share of the 47 cases filed in fis- cal year 2006, followed by age, sex, race, retaliation, and national origin and fa- milial status. There were no cases filed based on religion or on sexual orientation. Case Breakdown by Bases 6% 6% 17% o Disability . Age o Sex o Race . Retaliation iI National Origin . Familial Status 23% Cases filed in one area (i.e. employment) may have alleged discrimination on one or more bases (i.e. disabil- ity and age); therefore the total by basis may be greater than the number of cases by area. Dubuque Human Rights Commission Page 7 CASELOAD STATISTICAL DATA July 1, 200s-June 30, 2006 Charae Date Filed Area I Basis Status 1. 4136 07/13/2005 Em ployment/Disabi I ity Mediated 2. 4137 07/26/2005 Housing/Disability Mediated 3. 4138 07/26/2005 Employment/Disability Administrative Closure 4. 4139 07/27/2005 Employment/Disa bi I ity Right-to-Sue 5. 4140 08/05/2005 Employment/Disability Administrative Closure 6. 4141 08/18/2005 Em ployment/Disabil ity No Probable Cause 7. 4142 09/06/2005 Employment/Race Administrative Closure 8. 4143 08/26/2005 Employment/Race Administrative Closure 9. 4144 08/22/2005 Employment/Age Under Investigation 10. 4145 08/31/2006 Public Accommodation/Race Mediated 11. 4146 08/31/2005 Housing/Disability No Probable Cause 12. 4147 09/16/2005 Housing/Race/Familial Status Mediated 13. 4148 09/22/2005 Housing/Familial Status Mediated 14. 4149 09/19/2005 Housing/Familial Status Mediated 15. 4150 09/22/2005 Employment/Race No Probable Cause 16. 4151 10/02/2005 Employment/Sex Administrative Closure 17. 4152 10/05/2005 Employment/Sex Administrative Closure 18. 4153 11/07/2005 Em ployment/ Age/Reta liation No Probable Cause 19. 4155 11/22/2005 Employment/Sex/Age Administrative Closure 20. 4156 11/22/2005 Employment/Disability Administrative Closure 21. 4157 12/02/2005 Em ployment/Disa bi I ity Administrative Closure 22. 4158 12/02/2005 Employment/Disability Under Investigation 23. 4159 12/08/2005 Employment/Age/Sex Mediated 24. 4160 12/21/2005 Employment/Disa bi I ity / Age Under Investigation 25. 4162 01/12/2006 Employment/Disability Conciliated 26. 4163 01/18/2006 Employment/Race Under Investigation 27. 4164 01/27/2006 Employment/Age Administrative Closure 28. 4165 01/27/2006 Employment/Age Under Investigation 29. 4166 01/30/2006 Public Accom/Sex/Age/Disa. Administrative Closure 30. 4167 02/10/2006 Employment/Age Under Investigation 31. 4168 02/10/2006 Employment/Age Under Investigation 32. 4169 02/16/2006 Employment/Sex/Retal iation Under Investigation 33. 4170 03/02/2006 Employment/Disability Mediated 34. 4172 03/02/2006 Employment/Race/Retal iation Administrative Closure 35. 4173 03/02/2006 Employment/Race/Disabi I ity Under Investigation 36. 4174 03/10/2006 Em ployment/Disability /Sex Under Investigation 37. 4175 04/18/2006 Employment/Disability Administrative Closure 38. 4176 04/18/2006 Public Accommodation/Disability Under Investigation 39. 4177 04/21/2006 Em ployment/Disa/Retaliation Under Investigation Dubuque Human Rights Commission Annual Report Page 8 CASELOAD STATISTICAL DATA (cont.) July 1, 200s-June 30, 2006 Charae Date Filed Area/Basis Status 40. 4178 05/09/2006 Housing/Disability Mediated 41. 4179 05/09/2006 Employment/Sex Under Investigation 42. 4181 06/01/2006 Employment/Natl Origin/Age/Sex Under Investigation 43. 4182 06/01/2006 Employment/Natl Origin/Disability Under Investigation 44. 4183 06/02/2006 Employment/Sex Under Investigation 45. 4184 06/06/2006 Employment/National Origin Under Investigation 46. 4185 06/27/2006 Employment/Disa bil ity Under Investigation 47. 4186 06/27/2006 Em ployment/Disabil ity /Reta liation Under Investigation 2006 Case Breakdown by Area and Bases 18 16 14 12-' 10 8 6 4- 2 o Employment [) Disability . Sex . Race 0 Age . Natl Origin . Retaliation . Familial Status Dubuque Human Rights Commission Page 9 CASESCLOSEDjRESOLVED July 1, 200s-June 30,2006 Employment .................................................... 33 Disability............... ................................... 13 Sex ......................................................... 8 Race.................... .................................... 8 Age......................................................... 8 Retaliation............................................... 1 Public Accommodation .................................... 2 Disability............. ..................................... 1 Sex ......................................................... 1 Race......................... .................. ............. 1 Age......................................................... 1 Housing.............................................. ............. 9 Disability...................................... ............ 4 Race..... ............ ....................................... 1 Familial Status.......................................... 5 Total Cases Closed ..........................................44 DISPOSITION OF CLOSED COMPLAINTS IN 2006 Settlement! Mediation 21% J Right-to-sue 4% Administratively Closed 38% f\b Probable Cause _/ 11% " I Successful Conciliation 10% ~ Probable Cause 15% Total monetary awards: $89,325 Dubuque Human Rights Commission Page 10 CASESETTLEMENTSCEN~OS .. The office was successful in resolving a race discrimination complaint through media- tion. An African-American male filed a complaint alleging that he was subjected to racial harassment at his place of employment by his co-workers. He stated that his employer informed him that his co-workers didn't like him because "he smelled funny," and that "he disappeared a lot." As a result of these conversations with co-workers, he was asked to wear cologne, and to announce to co-workers when he would need to use the restroom so that female employees weren't fearful with his disappearance. Additionally, he alleged that he had been summoned to the Human Resources office to be reminded of the com- pany's sexual harassment policy. When the Complainant questioned this reminder, his employer stated that a complaint had not been filed, but they just needed to remind him of the policy. Other employees were not asked to review the policy. He complained to management about the harassment, but it continued. Shortly after he complained, he found a rope in a company bag at his residence, and the stem of his car tire had been cut during his work shift. The Complainant agreed to dismiss his complaint in exchange for monetary damages of $33,600. .. A forty-three year old male alleged that his employer for whom he had worked for ten years discriminated against him because of his disability. The Complainant had experi- enced a seizure while at work. Management had concerns regarding his ability to work safely in the company, particularly around machinery. Parties discussed possible accom- modations, but his employer declined to return Complainant to work because of potential injury that could result if he were to have a seizure while working around machinery. The investigation failed to reveal that there was a significant risk of substantial harm in allow- ing the Complainant to continue to work, especially if some of the accommodation recom- mendations were implemented. As a result, the administrative law judge determined there was probable cause for discrimination based on disability. The Complainant ob- tained a right-to-sue to pursue his claim in district court. .. An administrative law judge issued a probable cause finding in a housing claim where the Complainant alleged discrimination and retaliation on the basis of disability. The Com- plainant lived in a mobile home community along with her companion pet. Management of the mobile home community sent notice indicating an intention to change the pet policy. The Complainant submitted a letter from her physician which described her diffi- culties with depression, stating that her pet improved her symptoms considerably, and that the removal of said dog would cause her symptoms to recur. Respondent did not evaluate her request and instead served her with an eviction notice stating that she was in violation of the rental agreement because she had retained her pet. After a finding of probable cause, the complaint was scheduled for public hearing, but parties entered into conciliation and settled for $10,000. Dubuque Human Rights Commission Page 11 CASESETTLEMENTSCEN~OS ~ A female Complainant alleged that an employer refused to hire her because they perceived her as being disabled. The Complainant had interviewed and received a conditional offer of employment. Complainant was required to successfully complete a pre-employment exam and drug screen. Questions arose regarding a past surgery, but the Complainant had been released from all restrictions and was perfectly capable of performing all of the job duties. The company ultimately required that she take a fit for duty physical. She passed the physical, but the doctor recommended that she have a work capacity study done. The company cancelled the study as it was too costly and revoked the job offer. The Complainant filed a complaint and settled the claim for $2,500. ~ A female Complainant alleged that her employer discriminated against her on the basis of sex. The Complainant stated that she was the only female employee, and alleged that she was repeatedly called derogatory names, was paid less than the males who performed the same job duties, was required to work without assistance, and was required to work longer hours and more Saturdays than some of her male co-workers. She complained to management repeatedly, but her complaints were not taken seriously. The investigation revealed that men who held the job held by Complainant both before and after she was hired were rarely required to work without assistance, and that some males received higher pay. There was also evidence that hostile interactions between Complainant and a male co-worker resulted in disciplinary action against the Complainant for her behavior, but no action against the male co-worker. The administrative law judge found there was sufficient evidence to support a finding of probable cause to believe that the Complainant was harassed and subjected to unequal treatment because of her sex. Parties negotiated a settlement in the amount of $11,300. Dubuque Human Rights Commission Page 12 COMMISSIONER REFLECTION Judy Giesen "One step at a time." This often-used adage tries the patience of Type A people, and gives delight to contemplative folks. Since I'm a little bit of both personality types, "one step at a time" seemed an appropriate theme for this Human Rights Annual Report re- flection. The year 2006 has been momentous for human rights causes, as the City of Dubuque took big steps toward better acceptance and inclusion of every citizen and visitor. In February, the City Council voted to amend the city ordinance to include "sexual orien- tation" as a protected class. The gay and lesbian community is now protected from dis- crimination in education, housing, public accommodation and employment. I have heard the story of one professional who accepted a position here, partly because of protection afforded by this one important step. The commission has also continued to move forward toward accessibility awareness and ADA compliance, especially regarding publiC accommodations. In a literal sense, only "one step" sometimes presents a barrier to restaurants or stores for some of our citizens with disabilities. I have noticed that Dubuque businesses with level parking lots, ade- quate curb cuts, wide aisles and spacious restrooms are frequented by people using wheelchairs or walkers. On the downside, one citizen reported that his wheelchair tipped over onto the pavement in a local store parking lot, due to slope that was too steep for disembarking from his car. In another instance, several senior citizens on a lunch outing couldn't move their wheelchairs under a new restaurant's tables because the tops of the tables were too low. Both the parking lot slope (remedied by moving the disability park- ing areas to more level ground) and the height of the restaurant tables could be cor- rected as "readily achievable" improvements by these public accommodations, assuring dignity and enhanced quality of life for our citizens with disabilities. We are delighted that our City Council has chosen to make ADA awareness and enforcement one of their top priority goals in 2006-2007. As I look back over my nine years on the commission, other positive strides toward hu- man rights come to mind: -The City of Dubuque received the state "Prism Award," at the 1999 Iowa Diver- sity Conference for the city's growth in diversity appreciation. The creation of the Du- buque Dispute Resolution Center, the NAACP "memorandum of understanding," DACU's "Building Hospitable Communities," and most notably, Faces & Voices, were noted in the nomination. Dubuque Human Rights Commission Page 13 COMMISSIONER REFLECTION (cont.) Judy Giesen -Dating back to 1992, Faces & Voices has drawn crowds for programs sponsored by Dubuque ethnic communities, local businesses and community groups. For example, in 1998, 6,500 local students and adults from the tri-states attended one or more of 20 programs. Now, Faces & Voices has a new look and organization, giving financial and moral support for ongoing and new programs reflecting diversity in Dubuque. -The Multicultural Center and Presentation Lantern Center were initiated, thanks to the dedication of many volunteers, including Human Rights Commissioners. I'd like to extend my thanks for the wonderful cooperation and assistance of the Human Rights Office staff: Kelly Larson, Carol Spinoso, Bill Blum, Molly Menster and Crenna Brumwell. It also has been a joy to serve with many dedicated commissioners and to be in the midst of sizable inroads toward diversity appreciation during the past decade. We of the commission also realize that we have a long way to go and many more steps to take. In creative and resolute ways, may we join with all Dubuque citizens to make our city a better, more inclusive place to live and to visit - one step at a time. Dubuque Human Rights Commission Page 14 COMMISSIONER REFLECTION James Jarrard, Chair As I reflect on my second year serving on the Dubuque Human Rights Commission, I feel that it has been my privilege to serve with multiple groups of dedicated and con- cerned citizens. I have worked with many outstanding city employees in various de- partments. Having been given this opportunity to serve the city has allowed me to meet other community members and learn more about the needs of the Dubuque com- munity. The Commission was given the difficult job of insuring the rights of the citizens of Dubuque are protected and, when necessary, enforcing compliance with the law. Many of the commissioners work very hard at carrying out their responsibilities and du- ties to the community. Currently the Commission's major project is ADA accessibility for all of the citizens of Dubuque, as we develop a process for assessment, assistance and compliance with ex- isting regulations for all of the public building in the city of Dubuque. The Commission has established four goals for the upcoming year and is in the process of developing a framework for implementing these goals. In my opinion, one of the four goals may prove to be problematic in its interpretation and implementation. Some of the goals we have set as a city commission are ongoing and will be part of the Hu- man Rights Commission for years to come. An example of one of these continuing goals is the ADA accessibility goal for the Human Rights Commission. The citizens of Dubuque that I have spoken with feel that the Human Rights Commis- sion is moving in the right direction and that they are pleased with the progress that has been made over the past several years. The Human Rights Commission is looking forward to continuing to serve the citizens of Dubuque. Dubuque Human Rights Commission Page 15 EDUCATION AND OUTREACH ACTIVITIES Communitv Outreach and Education A Commissioner spoke to Dubuque Area Congregations United on the functions and respon- sibilities of the Human Rights Commission. The Director participated in a panel discussion at a Career Fair for Upward Bound students. The Director served on the Mississippi Valley Promise Marketable Skills Committee to plan and offer training on workforce skills for at risk youth. Staff worked with the Central Iowa Center of Independent Living to plan and hold two town hall meetings regarding the possible establishment of a Center for Independent Living in Du- buque. The Central Iowa Center for Independent Living later returned to the community to conduct governance training with a core group of interested community members. The Director participated in a panel discussion at the University of Dubuque on racial dis- crimination, stereotyping, and profiling in Dubuque. The Director facilitated a meeting between a local developer and representatives from the University of Iowa Law School to promote the use of Universal Design in housing develop- ments. The Director presented a session on accessibility in park and recreation programs for the Iowa Park and Recreation Association Conference. The Director continued to work with faces & voices, and chaired the committee that planned and carried out the Dr. King Birthday Breakfast with keynote speaker Evelyn Villines. The Director participated in a panel discussion on "The Role and Work of Administrative Agencies" at the Employment Discrimination Law In Iowa Seminar. Staff co-sponsored with the Cedar Rapids Civil Rights Commission a technical training semi- nar on accessible design and construction. The Director offered fair housing training to Horizon Management staff. The Director presented a segment on fair housing as part of the Dubuque Crime-Free Multi- Housing landlord training program. The Director is working with Step by Step, a non-profit organization that is developing housing for low income persons with disabilities, on fair housing concerns for housing serv- ing specialized populations. Dubuque Human Rights Commission Page 16 EDUCATION AND OUTREACH ACTIVITIES The Department distributed fair housing material to approximately 2,500 residents at City Expo. The Department displayed fair housing billboards and advertisements during fair housing month. Staff distributed fair housing information and other resources at the Northend Neighbor- hood Resource Fair at Audubon School. The Director facilitated brainstorming sessions with the NAACP and faces & voices as part of the community visioning process. The Director served as Acting President of the League of Iowa Civil Rights Agencies, as- sisting with the group's meetings, ICN training sessions, and legislative breakfast in Des Moines. Internal Work with Citv Staff The Director facilitated a committee that developed a plan for intercultural competence training and organizational development for all City staff. The Director continued to work closely with the selected consultant on assessing the City organization, soliciting members to be part of the City's internal capacity building and training team, and planning the two year training program with City staff. The Director participated in police and fire recruitment committees. The Director participated in hiring interviews for the positions of Park Director and police officer, and also participated in promotional interviews for Assistant Fire Chief. Staff reviewed changes to the paratransit application form and assisted in obtaining the form and instructions in Braille from the Tri-State Independent Blind Society. The Director continued to chair the City's ADA/504 Compliance Committee, facilitating progress on projects, assisting with review of design and construction plans, and drafting an annual progress report for the City Manager. Dubuque Human Rights Commission Page 17 CITY ORGANIZATIONAL CHART Corporation Counsel CITY COUNCIL City Clerk Libra Assistant City Manager Cable TV Airport Public Information Officer Personnel Manager CITY MANAGER Neighborhood Development Budget Director Emergency Communication Building Services Department Economic Development Department Finance Department Fire Department Health Services Department Housing & Community Development Human Rights Department Information Services Department Parking System Transit Division Emergency Management Leisure Services Department Operations & Maintenance Department Planning Services Department Police Department Public Worksl Engineering Department Water Department Water Pollution Control Department Civic Center Park Recreation Dubuque Human Rights Commission Page 18 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 180 days of the alleged discriminatory act. Any of the Department's staff can perform the intake inter- view establishing that the Department has authority in the matter (jurisdiction and gather- ing the necessary information about the alleged act, such as time, place, the person(s) in- volved, 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 possibil- ity of a speedy and satisfactory resolution. If conciliation fails, the Director begins an inves- tigation. An investigation can include field investigations, site visits, interviews with witnesses, docu- mentation examination, and face-to-face meetings with both the complainant and the re- spondent to discuss the complaint and gather facts. Probable cause is determined at the end of the investigation by an administrative law judge (AU). If the facts/evidence support the charge, a determination of probable cause is is- sued. If the evidence does not support the charge, a determination of no probable cause (NPC) is issued and the case is then dismissed. The complainant can request to reopen the case if he/she feels the NPC is in error. A post probable cause conciliation is undertaken to try and bring the complainant and the respondent to a mutually agreeable arrangement saving all the parties time, and possibly, legal fees. The pre-hearing review is intended to determine whether or not the case needs to proceed to public hearing. The public hearing is presided over by an administrative law judge. At the hearing, the complainant is often represented by private counsel. The respondent is 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 find- ing 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, pro- motion, 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 men- tal anguish. Both the complainant and the respondent can appeal the commission's order within 30 days to the courts. Dubuque Human Rights Commission Page 19 COMPLAINT PROCESS AT A GLANCE Intake Interview A Complaint is Filed (Must be within 180 days of the Respondent is Notified (The person or entity whose action is the Mediation Conference T If Unsuccessful Investigation Determination T Probable Cause Post Probable Cause Conciliation Effort T If Unsuccessful I 1 1 Pre- Hearing Review Public Hearing Recommended Order 1 Complainant has 30 days to request judicial review 2 Complainant or Respondent can appeal the decision to the District Court within 30 days. I.. If Successful .. I 1 I.. No Probable Cause .. .. If Successful .. Conciliation Agreement .. C:rther Revie:) Conciliation Agreement Commission's Order After Hearing (No discrimination found-case dismissed OR Discrimination found-corrective action ordered) T Court Appeal2 Dubuque Human Rights Commission n-U-B-U-Q-U-E ~ ~II. HUMAN RIGHTS COMMISSION \ j'lt II' (Ill tIll' \\('h \\ \\ \\ \. It \ ()hltll)tI(llll' (11...',