Presentation on theme: "Human Rights Ordinance Training. Purpose 1)Overview of Human Relations Ordinance 2)Intent of the Ordinance 3)Protected Classes 4)Stages of the Claims."— Presentation transcript:
Purpose 1)Overview of Human Relations Ordinance 2)Intent of the Ordinance 3)Protected Classes 4)Stages of the Claims Process 5)Q & A
Areas of Discrimination The Human Rights Ordinance was developed with the intent to secure an end to discrimination in the following areas: 1.Employment 2.Housing 3.Public Accommodation 4.Credit
Protected Classes Age Disability Political Affiliation National Origin Color Creed Family Responsibility Marital Status Personal Appearance Race Religion Sex Matriculation Sexual Preference Source of Income Prior Arrest or Conviction Record
Stages for Processing a Case 1.Intake of the Complaint 2.Filing of the Charge 3.Investigation of the Charge 4.Finding of the Charge
Intake of the Complaint Complainant has 180 days from the date of an alleged violation or the discovery of the alleged violation to file a charge either by calling or visiting the Community Relations Office. An initial screening is conducted to see if the allegations are covered by the Ordinance. If so, an intake interview is conducted to gather additional information in support of Complainant’s allegations.
Filing of the Charge Compliance Officer (CO) uses the information gathered from Complainant to outline the allegations of the official charge. Complainant signs the charge before a notary. The charge is mailed to Respondent via certified mail/return receipt. Respondent has 14 days from the date of receiving the charge to respond in writing to the CRS.
Investigation Once the CO receives Respondent’s response, a neutral investigation of the allegations begins. Throughout the investigation the CO will continue to gather evidence and has the power to subpoena relevant documents. At any point during the investigation, Respondent can voluntarily settle the charge. At any point prior to the completion of a public hearing, Complainant can withdraw a charge.
Finding of the Charge After a thorough review of all the evidence, the CO will make a preliminary determination whether or not the Commission has jurisdiction and whether or not there is Probable Cause to believe that the Ordinance has been violated. If Probable Cause does not exist or if the Commission lacks jurisdiction, then both parties are notified and the case is dismissed.
Finding of the Charge – cont. If there is Probable Cause to believe that a violation of the Ordinance has occurred, the CO will attempt to eliminate the alleged violation through informal methods of conference, conciliation and persuasion. If a conciliation agreement is reached, the charge will be dismissed but can be reinstated if Respondent fails to comply with its terms.
Conciliation Nothing said or done during the course of conciliation may be made public or used as evidence in a subsequent proceeding without the written consent of the persons concerned.
Dismissal The CO may dismiss a charge if: Respondent has eliminated the effects of the violation charged and has taken steps to prevent its repetition; Complainant fails to accept an offered settlement that the CO finds sufficient to eliminate the effect of the violation charged and prevent its repetition; or Complainant fails or refuses, in good faith, to negotiate or accept a reasonable conciliation agreement Dismissal may be appealed to the Commission within thirty (30) days of notice of the dismissal being sent or delivered to Complainant.
Public Hearing After a final determination of Probable Cause and prior to or in the event of the failure of conciliation efforts, the CO may serve notice of a public hearing - attaching a copy of the complaint. Respondent has fourteen (14) days to file a verified response to the complaint. The Chair of the Commission will appoint a hearing officer who shall rule on motions and all other matters and conduct the hearing according to Commission rules. The office of the City Attorney shall represent the City’s case before the Commission. Respondent may appear at the hearing with or without representation.
Public Hearing – cont. Within twenty-eight (28) days after the conclusion of the hearing, the Commission shall render a decision as to whether or not Respondent violated the Ordinance. If no violation found, the decision will dismiss the case. If a violation of the Ordinance is found, the Commission will render a decision with a judgment providing for remedies on behalf of Complainant and other aggrieved individuals.
Public Hearing (Remedies) Remedies may include but shall not be limited to the following: Hiring, reinstating or upgrading, with or without back pay; or Restoring membership in any respondent labor organization; or Admitting to or allowing to participate in a program, apprenticeship training program, on-the-job training program or other occupational training or retraining program; or The extension of full, equal and desegregated accommodations, advantages, facilities, and privileges; or Payment of compensatory damages; or Extending credit referring for employment, selling, exchanging or leasing real property, or providing housing accommodations. Actual damages, including possible compensatory damages; or
(Remedies) – cont. Remedies may include but shall not be limited to the following: A fine to be imposed upon Respondent found to have willfully violated this chapter; or The hiring, reinstatement or job upgrading of complainant with or without back pay and/or provision for fringe benefits as Complainant may have been denied in employment-related complaints; or Attending or obtaining education or training, at Respondent’s expense, focused on alleviating discriminating practices on the part of Respondent. Such remedies may be given alone or in combination with one another.
Enforcement If the Commission finds that Respondent has not complied with the judgment within thirty (30) days of the order, the Commission shall certify the matter to the City Attorney for enforcement. The City Attorney shall file a civil suit on behalf of the City seeking Respondent’s complete compliance with the Commission’s order.
Judicial Review Any person suffering a legal wrong, or adversely affected or aggrieved by an order or decision of the Commission, is entitled to a judicial review and may file a written petition with the Circuit Court of the Sixth Judicial Circuit or any court of competent jurisdiction, within thirty (30) days from the date of the decision.
Licenses, permits and franchises If the Commission determines that Respondent (i.e. a holder of, or applicant for, any permit, license, franchise, benefit, exemption or advantage issued by or on behalf of the City) has violated the Human Rights Ordinance, failed to correct the unlawful discriminatory act and/or failed to comply with an order of the Commission– the Commission may recommend the issuing authority to revoke, suspend, restrict or refuse to issue any license, permit, etc to such Respondent.