DCRC—Who We Are

1. DCRC—Who We Are • Non biased administrative agency for the purpose of enforcing the Davenport Civil Rights Ordinance through investigation and for purpose of providing education • Investigate complaints of unlawful discrimination and can initiate complaints of unlawful discrimination on our own behalf • Provide education to community about civil rights

2. Educational Presentations • We frequently present civil rights education to employers, schools, landlords, realtors, and other organizations • Recently we have had several requests to provide diversity training and have began to provide that training • Employers are understanding that the work force is becoming more diverse and they want to know how to address the needs of the new work force

3. Commission • Consists of 7 Commissioners reflective of community • Director-Attorney • Investigative Paralegal • Housing Analyst-Attorney • Secretary • Part time persons including law clerks

4. Ordinance • Patterned on state and federal law but more broad in that it provides coverage for marital status, and familial status as well as: • Race, color, creed, religion, national origin and ancestry, age, sex, disability; • State and Davenport have coverage for sexual orientation and gender identity in addition to other classes protected by federal law • Complaints in our office are cross filed with appropriate state or federal agencies.

5. Areas Protected • Employment • Public Accommodation • Credit • Housing • Education

6. Jurisdiction • Limited to incidents or events that occur in Davenport • Limited to complaints filed within 300 days of alleged discriminatory incident in areas of employment, public accommodation, education, and credit • Extends to complaints filed within 1 year of alleged discriminatory incident or practice in area of housing

7. Investigations • Interrogatories • Interviews with parties and witnesses • Production of documents • On site visits if necessary • Can issue subpoenas and enforce in district court

8. Mediation • We encourage mediation and offer it as soon as complaint is filed and continue to offer throughout investigative process • Settle a large number of cases in mediation We have recently seen settlement rates in the 90th percentile • Use Attorneys in area, volunteers trained in mediation, and partner with Deere to utilize its Attorneys

9. Mediation • Mediation is a voluntary process thus all parties have to agree to it • Settlements through mediation are confidential • If mediation fails, investigation continues

10. After investigation is completed Case comes to director to determine Probable Cause or No Probable Cause If NPC, case is closed (State can review) If Probable Cause, goes to conciliation If settlement in conciliation, case closed If no settlement, case goes to Commission to decide whether to proceed to public hearing

11. Public Hearing • Before an ALJ where parties present evidence, examine witnesses and have opportunity to provide argument • ALJ makes a recommended decision • Commission makes the final decision that can be appealed in district court

12. Number of Complaints Filed • Discrimination is alive and well • Number of complaints filed in 2007 was 151 • Number of complaints filed in 2008 was 150

13. Areas in Which Complaints Filed • Most complaints are filed in area of Employment (102 in 2008) • Housing and Public Accommodation came in second and third in 2008 (39 filed in Housing and 8 filed in Public Accommodation) • One filed in Education and none filed in Credit in 2008

14. Basis for complaints most frequently filed • Most of the complaints filed in our office are based upon race and color (81 filed on basis of race and 27 filed based upon color in 2008). Often are filed together • Sex fell next in line after race last year. (36 filed on the basis of gender), Disability came in after sex (29 filed in 2008) • Eight complaints were filed based upon national origin in 2008

15. Basis for most frequently filed complaints cont’d • We always have a large number of retaliation claims filed along with a complaint in a protected class. (2008 we had 43 filed) • We are beginning to see more age complaints (16 filed in 2008)

16. Discrimination Complaints • Include the following allegations: • Failure to hire or promote • Unequal pay • Classification of jobs • Different treatment in terms & conditions • Harassment

17. Most complaints filed involve different treatment & harassment • Includes employers enforcing work rules with persons in protected classes but not with those in majority • Assigning less desirable jobs to persons in protected classes • Watching persons in protected classes more closely and criticizing their work performance

18. How to show different treatment • Employee has to show the employer intentionally discriminated against him or her in the area of employment • Employee can make the showing by either presenting direct or circumstantial evidence

19. Direct evidence/circumstantial evidence • Direct evidence cases are referred to as “smoking gun” cases because evidence on its face shows bias • Direct evidence is rare • Most cases of intentional discrimination have to be established inferentially through circumstantial evidence

20. Prima facie case • To show intent, employee must set out a prima facie case of discrimination • Complaining party can show prima facie case by showing the following: • He or she belongs to protected class; • Adverse action; and • Others outside protected class treated more favorably

21. Employer’s legitimate non-discriminatory reason • After complaining party presents prima facie case, employer must offer a legitimate non-discriminatory reason for its decision; • Complaining party maintains the burden to show intentional discrimination and can still prevail after employer propounds nondiscriminatory reason if he or she can show pretext

22. Pretext • Complaining party can show pretext by presenting evidence that the propounded reason is unworthy of belief or that a discriminatory reason more likely motivated the employer.

23. Ways to show pretext • Providing the following evidence: • Similarly situated persons outside protected class treated more favorably • Employer failed to follow its policies • Statistical evidence • Discriminatory statements (decision maker) • Changing stories or reasons for adverse employment action

24. Harassment (hostile work environment) • Most often thought of as being limited to sexual harassment • Courts have found viable claims on the basis of race, color, national origin, etc. as well as sex

25. Harassment (hostile work environment) cont’d • Elements required to show hostile work environment: • Subjected to unwelcome harassment • Harassment based on protected class • A term, condition, or privilege of employment affected by harassment • Have to show severe OR pervasive enough to affect term, condition, or privilege.

26. Harassment (hostile work environment) cont’d • Both subjective and objective standards apply • Reasonable person looked at in determining offensiveness of conduct • IRS case and local case

27. Totality of the circumstances • Courts look at the totality of the circumstances in making legal analysis of harassment cases • Factors considered include: • Whether conduct is verbal, physical, or both • Whether conduct was a one-time occurrence or was repeated

28. Totality of circumstances cont’d • Whether conduct was hostile & patently offensive; • Whether alleged harasser is co-worker or supervisor; • Whether others joined in perpetrating the harassment; • Whether the harassment was directed at more than one individual

29. Court cases established the following • A single incident is generally not enough; • One incident, however, can be enough if it is severe

30. New trend reported by EEOC • Use of Code words by employees with co-workers • Reggin and Cornelius • Cornelius from Planet of the Apes

31. Complaints across country being based upon national origin • Native Americans • War hoops • Scalping people • Abusing alcohol • Being on the warpath • Living in tepees

32. Remedies for discrimination • Back pay, front pay, emotional distress, punitive damages for egregious conduct only, and attorney fees

33. Davenport Civil Rights Commission 226 West 4th Street Davenport, IA 52801 563-326-7888 TTY 563-326-7959 Fax 563-326-7956 www.cityofdaveport.com/civilrights