HomeMy WebLinkAboutFinal HRC Annual Report FY 181
HUMAN RIGHTS COMMISSION
The Iowa City Human Rights Commission is represented by nine residents of Iowa
City, each of whom are appointed by the Council for three-year terms. The
Commissioners, all committed to civil rights, reflect a broad cross-section of the
community, thus ensuring diversity of ideas and interests. In the appointment
process, consideration is given to racial, religious, cultural, social and economic
groups within the City.
The Commission has the following powers:
• Make recommendations to the Council for such further legislation
concerning discrimination as it may deem necessary and desirable.
• Educate the public on human rights and illegal discrimination, such as
organizing and facilitating educational public forums that address one or
more of the broad range of topics included within the rubric of human rights.
• Cooperate, within the limits of any appropriations made for its operation,
with other agencies or organizations, both public and private, whose
purposes are not inconsistent with those of the Human Rights Ordinance.
• Coordinate programs designed to eliminate racial, religious, cultural and
other intergroup tensions.
The Commission annually elects a Chairperson and a Vice-Chairperson and holds
monthly meetings in the Helling Conference Room at City Hall on the third Tuesday
of each month at 5:30 p.m.
FY 18 Human Rights Commission Members
Eliza Jane Willis, Chair
Tahuanty Peña, Vice Chair
Adil Adams
Joe Coulter
Jeff Falk
Barbara Kutzko
Bijou Maliabo
Cathy McGinnis
Jonathon Muñoz
The Human Rights Office consists of two full-time staff of the Commission, a
Human Rights Coordinator and a Human Rights Investigator.
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Summary of FY17 Commission Initiatives
The Commission and staff accomplished FY17 goals. These included, among
others,
• supporting initiatives to advance social justice and racial equity including
working with the City Council on a grant providing funding to support such
causes.
• sponsoring events and programs to the public on Knowing Your Rights.
FY 18 Recommendations by the Commission to Council
December 2017: Recommendation to amend the Human Rights Ordinance
definition of “employer” to match State of Iowa Code.
January 2018: Recommendation to amend the Human rights Ordinance to remove
reference to “masculine” and “feminine” in the definition of “gender identity” to
make the same inclusive of non-binary gender expression.
January 2018: Recommendation concerning allocation of Social Justice Racial
Equity grant monies.
FY 18 Mayor’s Proclamations Submitted by the Commission
National Hispanic Heritage Month (September 2017)
Indigenous People’s Day (October 2017)
National Native American Heritage Month (November 2017)
Dr. Martin Luther King, Jr. Day (January 2018)
Black History Month (February 2018)
Fair Housing Month (April 2018)
Juneteenth (May 2018)
FY 18 Programs & Activities of the Commission
1. July 13 and 20, 2017, Attendee Iowa City Party in the Park.
2. July 22, 2017, Sponsor and Vendor 27th Anniversary of the Americans with
Disabilities Act program.
3. August 4 & 5, 2017, Attendee Iowa Soul Festival.
4. August 10, 2017, Attendee Iowa City Party in the Park.
5. August 24, 2017, Attendee National Fair Housing Alliance webinar “Using
Data to Assess Fair Housing.”
6. September 2017, Panelist University of Iowa School of Social Work
discussion on end of life matters.
7. September 13, 2017, Attendee “Racism Within Muslim Communities” UI Cup
O’ Justice Series.
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8. September 23, 2017, Attendee Butterfly Mosque community book discussion.
9. September 26, 2017, Sponsor and Attendee “Everyone Deserves a Fair
Chance” program on criminal history and its effects on employment and
housing.
10. October 14, 2017, Sponsor, Attendee and Recognized Commissioner,
Refugee and Immigrant Recognition Dinner.
11. October 17, 2017, Sponsor and Attendee “How to Make the Americans With
Disabilities Act Work in Your Business.”
12. October 18, 2017, Sponsor and Attendee “Everyone Deserves a Fair
Chance” program on court debt, housing instability, and expungement of
criminal records.
13. October 23, 2017, Sponsor “I’m Not Racist, Am I?” documentary film.
14. October 25, 2017, Sponsor 34th Annual Human Rights Awards Breakfast
15. November 1, 2017, Speaker International Day presentation to students on
the effect war and violence have on education.
16. January 12-15, 2018, Attendee Dr. Martin Luther King Jr. Day Celebration
events.
17. February 1, 2018, Attendee Black Voices Project Community Discussion on
bias-related incidents.
18. February 27, 2018, Panelist Roundtable discussion on the Johnson County
Community ID program with Council for International Visitors to Iowa Cities.
19. March 7, 2018 Sponsor, Attendee of Night of 1000 Dinners.
20. March 21, 2018, Attendee “The Place We Call Home: Affordable Housing in
Johnson County” UI Cup O’ Justice series.
21. March 28, 2018, Panelist Accessibility and Inclusiveness discussion with
Council for International Visitors to Iowa Cities Disability Access group.
22. March 30-31, 2018, Attendee “Brighter Future Focused” a Summit
Addressing the Needs and Potential of Women & Girls of Color.
23. April 2 & 4, 2018 Presenter “Know Your Rights” and Fair Housing
presentations at Neighborhood Centers of Johnson County.
24. April 9, 2018, Attendee Community Forum on Hate Crimes.
25. April 16, 2018, Participant Roundtable discussion on how city and community
work together on effective government-citizen collaboration to solve
community problems with Council for International Visitors to Iowa City group.
26. April 17, 2018, Attendee Fair Housing Training.
27. April 19, 2018, Attendee “The Urgency of Equity: Ending Racism in Youth-
Serving Institutions.”
28. May 9, 2018, Sponsor Human Rights Youth Awards.
29. May 16, 2018, Panelist Discussion on Inclusive Employment Opportunity with
International Fellows from the Professional Fellows Program for Inclusive
Disability Employment.
30. May 23, 2018, Attendee Tour of the Shelter House.
31. June 13, 2018, Advertisement placed in Hawkeye View edition of Daily Iowan.
32. June 13, 2018, Weekly advertisement placed in Daily Iowan for summer
session.
33. June 16, 2018, Vendor Iowa City Pride Festival and Parade.
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34. June 22, 2018, Attendee Juneteenth Trailblazers Awards Banquet.
35. June 23, 2018, Sponsor for Juneteenth Youth Art and Essay Competition.
Commission Financial Sponsorships for FY18
Making All Children Matter (September 2017)
Celebrating the World’s Children (September 2017)
Refugee and Immigrant Recognition Dinner (September 2017)
Night of 1000 Dinners (March 2018)
Iowa United Nations Association Universal Declaration of Human Rights poster
display (April 2018)
World Refugee Celebration Day (June 2018)
Overview of the Complaint Process
Title Two of the City Code (Human Rights Ordinance) prohibits unlawful
discrimination in the areas of education, housing, employment, public
accommodation and credit. The characteristics covered are: age, color, creed,
disability, familial status*, gender identity, marital status, national origin,
presence/absence of dependents*, public assistance source of income*, race,
religion, retaliation, sex, and sexual orientation. As of June 1, 2016, the definition
of “public assistance source of income” was expanded to include Housing Choice
Vouchers, commonly known as “Section 8,” as well as other rental subsidies.
*Housing only.
A person claiming to be aggrieved by an unlawful discriminatory practice or act
must file a complaint within three-hundred days of the alleged discrimination. Staff
of the Human Rights Commission investigate complaints alleging discrimination.
Staff serve as neutral fact finders and do not represent either party in the complaint
process.
1. Filing: The complainant (the person who alleges the discrimination) fills out,
signs and dates a complaint form.
2. Jurisdictional Review: A dated and signed complaint is reviewed by staff to
determine whether it meets the legal requirements. If the complaint does not
meet jurisdictional requirements, the complainant is notified and the
complaint is closed.
3. Notice: Within twenty days of the file date (seven days for housing complaints)
a copy of the complaint is sent certified mail to the respondent
(individual/business/organization accused of discrimination) along with a
questionnaire and document request. A copy of the complaint is also sent to
the complainant by certified mail.
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4. Answer: The respondent is required to provide an answer to the allegation(s)
of discrimination and submit any requested records or relevant documents
within thirty days of receipt. (Fifteen days in the case of housing complaints.)
5. Screening: All information is reviewed to determine whether further
investigation is warranted. If staff finds that there is a reasonable possibility
of a probable cause determination or the legal issues present in the complaint
need further development, staff continue the investigation of the complaint. A
complaint determined by staff not to warrant further processing is
administratively closed. The complainant and respondent are promptly
notified of the administrative closure via certified mail. A complainant may
object to the administrative closure within ten (10) days of service by filing a
written request for review that states the basis for the objection. If after review,
it is determined that the complaint does not warrant further processing, staff
will close the file and notify the complainant and respondent via certified mail.
No further action is taken on the complaint.
6. Further Investigation: If the complaint is found to warrant further investigation
both the complainant and respondent may be interviewed and additional
documents/records requested. Witnesses and other persons with knowledge
concerning the allegations in the complaint may also be contacted and
interviewed. When the investigation is complete, staff analyze all the collected
information and write a Data Analysis & Complaint Determination with a
recommendation regarding whether probable cause exists on the complaint.
7. Right to sue: After the complaint has been on file for sixty days, the
complainant has the option of pursing the matter in a state district court. If this
option is taken, and all requirements have been fulfilled, staff close the
complaint and issue a right to sue letter to the complainant. No further action
is taken on the complaint by staff. The issuance of a right to sue has no
bearing on the merits of the allegations contained in the complaint. It simply
is an option the law grants to complainants.
8. The parties may agree to mediation at any point in the complaint process )if
both parties agree to attempt mediation). If successful, the complaint is
closed/withdrawn upon satisfaction of the agreement reached in the
mediation. If not successful, the investigation continues.
9. Finding: The Human Rights Coordinator makes the final decision on whether
probable cause exists on each complaint.
a. If probable cause is found, the complaint will move to conciliation.
b. If probable cause is not found, staff informs both the complainant and
respondent of the decision by certified mail.
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10. Conciliation: The Human Rights Coordinator attempts to conciliate or resolve
the complaint.
11. Public Hearing: When conciliation is unsuccessful, the complaint file will be
reviewed by the City Attorney, who shall form an opinion as to whether the
complaint is litigation worthy and make a recommendation to two
Commissioners. If both members of the Commission wish to proceed contrary
to the recommendation of the City Attorney, the Commissioners may
authorize the Human Rights Coordinator to proceed to a public hearing. A
complaint found not to be litigation worthy is closed.
FY 17 Complaint Statistics
Please note some complaints filed in fiscal year 2016 were closed in fiscal year
2017. Some complaints which were filed in fiscal year 2017 had not been closed
by the end of fiscal year 2017, creating the difference in numbers between those
opened and closed. Most complaints filed cite more than one basis for
discrimination, so totals will not be equal.
Complaint Activity
COMPLAINTS FILED BY PROTECTED CHARACTERISTIC
FY 2017 FY2018
Age 10 8
Color 11 11
Creed 2 0
Disability 16 111
Familial Status 3 2
Gender Identity 2 4
Marital Status 5 2
National Origin 10 2
P/A of Dependents2 2 0
PASI3 2 0
Race 17 19
Religion 5 4
Retaliation 11 13
Sex 9 9
Sexual Orientation 5 7
1 3 cited mental disability, 3 physical disability, and 5 cited disability only.
2 Presence or Absence of Dependents.
3 Public Assistance Source of Income.
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COMPLAINTS FILED BY AREA
Credit 1 0
Education 2 0
Employment 16 19
Housing 11 12
Public Accommodation 12 8
Complaints filed on ICRC form 3 1
Total Number of Complaints 45 404
RESOLUTIONS
Mediated 5 3
No Probable Cause 0 3
Administrative Closure 8 6
Right to Sue 0 0
Lack of Jurisdiction 4 7
Outside of Jurisdiction 11 8
Jurisdiction Waived 7
Satisfactorily Adjusted 0 0
Withdrawn 3 1
Probable Cause 0 0
Closed, complainant non-compliant 0 0
Total Number of Resolutions 31 35
Summary
In FY18, employment is the area in which the most complaints were filed, with 19
complaints. Housing was second with 12, followed by public accommodation with
8. There were no complaints in the areas of education or credit. The most common
basis cited for alleged discriminatory conduct, with 19 Complainants alleging it,
was race. This was followed by 13 complaints alleging retaliation, and 11
complaints each on the basis of disability and color. Sex, age, and sexual
orientation follow with 9, 8, and 7 complaints respectively. The remaining bases
were alleged 5 or fewer times each.
In FY17, employment was the area in which the most complaints were filed, with
16. Public accommodation was second with 12 complaints, followed by housing
with 11. There were two complaints in education and one filed in the area of credit.
Race and disability were the most common characteristics cited for alleged
discriminatory conduct, with 17 for race and 16 for disability. These were followed
by 11 complaints on the basis of color, 10 complaints each on the bases of age
and national origin, and 9 complaints on the basis of sex. The remaining bases
were alleged 5 or fewer times each. Retaliation was alleged in 11 complaints.
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FY 19 Activities, Trainings & Initiatives
Contribute to and participate in activities, programs and events that advance
human rights
Support local organizations through the administration of the Social Justice and
Racial Equity Grant funding.
Approved 7/17/2018