Human Rights Annual Report 12 17 07THE CrrY OF Dubuque
DUB E ""'~'~~
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and Members of the City Council
FROM: Kelly Larson, Human Rights Director
SUBJECT: 2007 Annual Report
DATE: December 7, 2007
Attached please find the Human Rights Commission's Annual Report for fiscal year
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 past and continued support of its
endeavors.
Page 3
November 5, 2007
Honorable Mayor and City Council:
As I review the Commission's work contained in the following pages, I am reminded of one
of the key themes that emerged at the annual conference of the Regional Executive Council
on Civil Rights -the role of Human Rights Commissions in managing conflict. Too often
when we think of the work of Human Rights Commissions, we focus on enforcement and
litigation. This, of course, is a primary tool in the Commission's overall mission of
eliminating discrimination and fostering equal opportunity for residents in our community,
and we certainly risk injustice when we fail to recognize the necessity of keeping this tool in
working condition. But enforcement is not all that we do, particularly in this day of subtle
discrimination, institutional barriers to equality of opportunity, and restrictive legal theories
of liability.
The Human Rights ordinance also places squarely on our shoulders the responsibility of
taking steps to reduce intergroup tensions. Almost by definition, the work that we do
involves tension, as conflict is especially likely to flare around differences in perspective,
belief, behavior - in other words, differences in culture. And so, if we are doing our jobs
well, we find ourselves trying to strike a balance between addressing inequities by force of
law and teaching people better ways to resolve differences before such force becomes
necessary.
In order to manage conflict across the cultural divide, we must put our best efforts first into
attempts to prevent conflict by ensuring needs are met, teaching people tools to resolve
conflict, and building bridges across lines of conflict. A first step in preventing conflict
involves taking the time to learn and understand the cultural differences that might be
driving behavior in any particular situation. And so, we continue to put tremendous effort
into our work with One Ummah Consulting, which involves an organized effort to teach
people the tools to handle conflict across cultural differences. Not only are we moving
towards identifying and addressing root causes of conflict within our organization, but we
also are working to provide a model for others by sharing ideas and skills that we have
learned through our work with One Ummah.
Our prevention efforts also included numerous training sessions for the public on legal
rights and responsibilities, with a special focus on ensuring that all sides to potential
conflicts understand their rights and responsibilities under the law. We especially focused
on reaching potential victims of discrimination, and on reaching small businesses that often
lack the information on how to ensure fair and equal employment opportunities. We also
worked at building bridges across lines of conflict through two of the Commission's recent
initiatives: initiation of a speaker's bureau and assisting in the creation of Proudly
Accessible Dubuque. The speaker's bureau brings forth the perspectives and experiences
of residents from diverse backgrounds to help build a bond of common humanity across
differences in our community. Proudly Accessible Dubuque is a mechanism for raising
awareness and understanding by encouraging businesses to voluntarily meet the needs of
persons with disabilities through the creation of accessible environments.
Dubuque Human Rights Commission
Page 4
Our work also recognizes the need to resolve conflict once it arises, and this is heavily
influenced by our enforcement efforts. We continue to encourage parties to mediate when
cases are filed, and this year we successfully settled 28% of the cases filed with our office.
Often, mediation can help us not only work through differences of opinion, but also heal
injured relationships between parties. In addition, the very nature of our process, which
allows individuals to file complaints without a fee or the necessity of legal representation,
helps to bring the powerful to the table and begin to level the playing field. When
mediation is not an option or is unsuccessful, we continue with thorough investigations in
order to determine disputed rights. This year, 13% of our cases resulted in findings of
probable cause that in turn led to immediate redress for Complainants or legal action.
And yet, most of the cases filed with our office continue to result in findings that no law has
been violated. This reality in some ways leads us back to our prevention efforts so that we
might discover and address the elements that are driving the filing of complaints, whether
frustrated needs, the absence of skills to work through conflict, or other human failings.
But it also raises the question of containment, and the need to speak out against escalating
injustice that may not rise to a violation of our Human Rights ordinance as the law
currently stands. Our hate incident response plan plays a key role in this arena as we
respond to local incidents by contacting victims and ensuring that graffiti is removed. We
also continue to research novel legal theories in an attempt to isolate areas where we
might need to strengthen our enforcement process in order to bring true equality of
opportunity into existence, particularly in the realm of addressing systemic barriers.
Managing conflict takes time, and it necessarily involves building relationships and trust in
order to work effectively across such divisive issues. In today's busy world with its
increasing demands, taking the time to listen to truly understand others can feel
overwhelming. But the value of solving problems using a comprehensive approach cannot
be underestimated. As Marian Wright Edelman reminds us, "we are not going to deal with
the violence in our communities, our homes, and our nation, until we learn to deal with the
basic ethic of how we resolve our disputes and to place an emphasis on peace in the way
we relate to one another." As always, thank you for your leadership and support of the
efforts of the Human Rights Commission.
Respectfully submitted,
9c~ .e~~
Kelly Larson
Human Rights Director
Citv of Dubuque
Page ~
CASELOAD STATISTICAL DATA
Charge Date Filed Area/Basis Status
1. 4187 08/01/06 Employment/Sex/Retaliation Administrative Closure
2. 4188 07/28/06 Employment/Race No Probable Cause
3. 4189 08/03/06 Employment/Age/Disa/Retal Mediated
4. 4190 08/25/06 Employment/NatlOrig/Retal Conciliated
5. 4191 08/31/06 Employment/Disability Right-to-Sue
6. 4192 09/13/06 Employment/Disability No Probable Cause
7. 4193 09/28/06 Public Accommodation/Race Conciliated
8. 4194 09/28/06 Public Accommodation/Race Conciliated
9. 4195 09/29/06 Employment/Sex/Retaliation Conciliated
10. 4196 10/11/06 Employment/Age No Probable Cause
11. 4197 10/11/06 Employment/Sex Right-to-Sue
12. 4198 10/13/06 Employment/Race No Probable Cause
13. 4199 10/22/06 Employment/Age/Disability Administrative Closure
14. 4200 11/21/06 Employment/Age Administrative Closure
15. 4201 12/11/06 Employment/Race Administrative Closure
16. 4202 12/11/06 Employment/Race Under Investigation
17. 4203 01/05/07 Employment/Disability Right-to-Sue
18. 4204 01/09/07 Employment/Age/Disability No Probable Cause
19. 4205 01/10/07 Employment/Race/Sex No Probable Cause
20. 4207 01/30/07 Employment/Disability Under Investigation
21. 4208 02/20/07 Public Accommodation/Race Administrative Closure
22. 4209 02/19/07 Employment/Race Administrative Closure
23. 4210 02/20/07 Housing/Age Administrative Closure
24. 4212 03/09/07 Public Accomm/Disability Mediated
25. 4213 03/09/07 Public Accomm/Disability Mediated
26. 4214 03/09/07 Employment/Sex Mediated
27. 4215 03/16/07 Employment/Sex Under Investigation
28. 4216 04/18/07 Employment/Disability Mediated
29. 4217 04/20/07 Employment/Sex Mediated
30. 4218 06/01/07 Public Accomm/Disability Administrative Closure
Dubuque Human Rights Commission
Page 8
CASELOAD STATISTICAL DATA
Breakdown of Cases Into Areas and Basis of Discrimination
Area FY2005 FY2006 FY2007
Employment .................. 27 .................... 38 .................... 23
Disability .....................9 .................... 18 ......................8
Sex ............................. 7 ...................... 9 ...................... 7
Race ........................... 6 ...................... 6 ...................... 6
Age ............................. 8 .................... 10 ...................... 5
National Origin .............0 ......................3 ......................1
Retaliation ................... 3 ...................... 5 ......................4
Religion ....................... 1 ...................... 0 ...................... 0
Public Accommodation....3 ......................3 ......................6
Disability ..................... 2 ...................... 2 ...................... 3
Sex ............................. 1 ...................... 1 ...................... 0
Race ........................... 1 ...................... 1 ...................... 3
Age ............................. 0 ...................... 1 ...................... 0
National Origin .............0 ......................0 ......................0
Housing ..........................8 ......................6 ......................1
Disability .....................4 ...................... 3 ...................... 0
Sex ............................. 0 ...................... 0 ...................... 0
Race ........................... 2 ...................... 1 ...................... 0
Age ............................. 1 ...................... 0 ...................... 1
National Origin .............0 ......................0 ......................0
Familial Status ..............2 ......................3 ......................0
Intimidation ................. 0 ......................0 ...................... 0
Religion ....................... 1 ...................... 0 ...................... 0
Education ........................1 ...................... 0 ......................0
Retaliation ................... 1 ......................0 ...................... 0
Sex ............................. 1 ...................... 0 ...................... 0
TOTAL CASES FILED......39 ....................47 ....................30
*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 number by basis may be greater than
the number of cases by area.
Citv of Dubuque
Page io
CASE SETTLEMENT SCENARIOS
- A sixty-three year old female alleged that her employer, for whom she had worked for
ten years, discriminated against her because of her age and then fired her in retaliation
for having complained to the manager. The Complainant alleged that she was denied
promotion opportunities, denied certain work assignments, was disciplined differently than
the younger employees, and was subjected to frequent rude and insulting ageist
comments by supervisors. The Complainant voiced her concerns to the human resource
manager, and six days later she was terminated for having a negative attitude which
affected work place morale. The investigation revealed that there was basis for
concluding there was favoritism in the work place based on age. A review of scheduling
showed preference for younger females when compared to females in their mid-fifties and
older. In addition, there was evidence that younger employees who engaged in behavior
arguably as problematic as the Complainant's in terms of the impact on morale and
company operations were retained. The administrative law judge determined there was
probable cause for discrimination based on age and retaliation. The parties settled for
$44,000.
- An administrative law judge issued a probable cause finding in an employment claim
where the Complainant alleged discrimination and retaliation on the basis of sex. The
Complainant informed her supervisor that she was being sexually harassed by the team
leader. Specifically, that he made sexual innuendos toward her and touched her by
poking her in the ribs and tugging on her elastic waist shorts. Weekly, he would tell her
that they needed to go make love, and on one occasion he kissed her. It was revealed
that this team leader had a prior suspension for sexually harassing behavior. The
Respondent took no action to remedy the harassing behavior, and failed to conduct a
thorough objective investigation into the Complainant's sexual harassment allegations.
The Complainant was suspended the same day she reported the harassment, and
subsequently terminated twenty days later. The administrative law judge found probable
cause for hostile work environment based on sexual harassment and retaliation. Parties
entered into conciliation and settled for $10,000.00.
- A female Complainant alleged that her employer discriminated against her based on a
disability. The Complainant stated that she has experienced epileptic seizures for most of
her life, and regardless of her disability, the Complainant could otherwise perform the
essentional functions of her job without any difficultly. The Complainant stated that she
experienced a seizure while on break, but that she remained at work and completed her
remaining tasks. The Complainant alleged that once her employer learned she
experienced a seizure while on the job, they terminated her employment based on the
fear that she would injure herself. The administrative taw judge found probable cause for
discrimination based on the Respondent not considering whether there was a reasonable
accommodation that could be made, or whether Complainant was in fact a risk of harm to
herself or others. The parties negotiated a settlement in the amount of $7,100.
Citv of Dubuque
Page ii
CASE SETTLEMENT SCENARIOS
-A Complainant alleged that a local business failed to comply with accessibility
requirements in their place of business. The Complainant uses a wheelchair and
specifically alleged that the business's two accessible parking stalls were located on a
steep location which prevented his wheelchair brakes from holding while trying to exit
his vehicle. As a result, his chair would roll farther to the rear of his vehicle requiring
him to maneuver a steep slope to reach the sidewalk. During mediation, the
Respondent agreed to construct two accessible stalls with one being van accessible, and
to display accessible signage.
-Two African American females alleged public accommodation discrimination on the
basis of race when they were denied entrance to a local establishment. The
Complainants stated that they presented valid out-of-state ID cards to the security
person, but were denied entrance as the security personnel felt their ID cards looked
suspicious and that they were not valid Iowa ID cards. The Complainants alleged that
white patrons with a similar form of identification were allowed to enter the
establishment without incident. After an administrative law judge found probable cause
for discrimination on the basis of race, the parties entered into conciliation and the two
Complainants agreed to settled for $1,000 each. The Respondent also agreed to
develop an Admission Policy and have all employees attend intercultural competence
training.
Dubuoue Human Riohts Commission
Page 12
EDUCATION AND OUTREACH ACTIVITIES
Community Outreach and Education
Staff spoke to the following community organizations on the functions, responsibilities, and
priorities of the Human Rights Commission: Valley View Neighborhood Group, Friends of
the Community, Washington Neighborhood Group, Loras College, DACU, Sertoma Club, The
Shriners, PFLAG, Project Concern, Scenic Valley Agency on Aging, Hills & Dales, ECIA,
Operation: New View, and the Women's' Wellness Center. Approximately 227 people were in
attendance.
The Director continues working with Step by Step, anon-profit organization that is
developing housing for low income persons with disabilities, on fair housing concerns for
housing serving specialized populations.
The Keynote speaker for the September 14, 2006, Human Rights Commissions Banquet was
Alex Orozco. Mr. Orozco co-founded United for Dignity and Safety of Immigrants, and is
director of Network Against Human Trafficking. Approximately 135 people were in
attendance.
The Director worked with faces & voices in the planning of the Dr. King breakfast celebration
with keynote speaker John Paul Chaisson-Cardenas with the Minneapolis-based Northwest
Area Foundation.
The Director presented a overview of fair housing law to employees of the Canfield Hotel
and Five-Star Housing Management. In addition to the overview, she presented information
related to the complaint process and discrimination on the basis of sex and familial status
for Maria House staff and residents.
The Human Relations Specialist gave a presentation on racial profiling, steering and the ADA
to realtors at American Realty.
The Director continues to participate in meetings with Iowa Workforce Development and
other community members on diversity issues related to workforce recruitment and
retention.
The Human Relations Specialist presented a session on sexual harassment in the workplace
to employees at DBQ Data Services.
The Human Relations Specialist spoke to employees of State Central Bank and O'Connor
Insurance and Sedona Staffing on the ADA, harassment, and religious accommodations.
The Director presented an overview and provided information on working with individual
differences, and provided guidance related to the ADA and accessible parking spaces to
employees of Apel Parking Lot Service.
City of Dubuque
Page ig
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.
The Director provided small business training to employees at Gin Rickey's, with a focus
on public accommodation discrimination.
The Director, as president of the League of Iowa Civil Rights Agencies, facilitated an ICN
session related to the jurisdiction and role of the commission for small local Iowa commis-
sions across the state.
The Director participated in a panel discussion on stereotypes surrounding socio-economic
status at Clarke College, and spoke about immigration issues to students at the University
of Dubuque Theological Seminary.
Internal Work with Citv Staff
The Human Relations Specialist facilitated a committee that developed a plan for intercul-
tural competence training and organizational development for all City staff. Approxi-
mately 592 city employees attended the first round of this training. Both the Director and
Human Relations Specialist are on the training team.
The Director participated on the interview panels for police and fire.
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. She continues to work with city staff in
investigating how best to insure compliance during the design and construction phase of
projects.
The Director arranged for representatives from the Disability Business Technical Assis-
tance Center, and Michele Ohmes, an ADA Consultant, to provide training to city staff on
improving ADA compliance.
The Director and Human Relations Specialist served on the steering committee to carry
out the recommendations of One Ummah Consulting for organizational development
around issues of intercultural competence and equal opportunity. The steering committee
and two subcommittees of employees have begun offering intercultural competence tips in
employee newsletters and for monthly management team meetings, have begun creation
of a web page, and have begun identifying brochures for translation into Spanish.
Dubuque Human Rights Commission
Page 14
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 pertorm 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 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 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
(AU). If the facts/evidence support the charge, a determination of probable cause is
issued. If the evidence does not support the charge, a determination of no probable cause
(NPC) is issued and the case is then dismissed. The complainant can request to reopen the
case if he/she feels the NPC is in error.
A post probable cause conciliation is undertaken to try and bring the complainant and the
respondent to a mutually agreeable arrangement saving all the parties time, and possibly,
legal fees.
The pre-hearing review is intended to determine whether or not the case needs to proceed
to public hearing.
The public hearing is presided over by an administrative law judge. At the hearing, the
complainant is often represented by private counsel. The respondent is 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 the courts.
Dubuque Human Rights Commission
Page i5
COMPLAINT PROCESS AT A GLANCE
Intake Interview
A Complaint is Filed(l~lust be within
i8o days of the alleged unlawful act
Respondent is NotifiedCrhe person or entity
whose action is the subject of the complaint)
Mediation Conference
- If Successful -
If Unsuccessful
Investigation
No Probable Cause
Determination -
(Case dismissed)
Probable Cause
Post Probable Cause Conciliation Effort
- If Successful -
If Unsuccessful
Pre-Hearing Review
Public Hearing
(Held before an Administrative Law Judge)
Recommended Order
s Complainant has 3o days to request judicial
review
s Complainant or Respondent can appeal
the decision to the District Court within
3o days.
Conciliation Agreement
- Further Reviews
Conciliation Agreement
Commission's Order After Hearing
- (No discrimination found-case dismissed
OR
Discrimination found-corrective action ordered)
Court Appeal2
Citv of Dubuque
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HUMAN RIGHTS
COMMISSION