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Iowa Civil Rights Commission Annual Report
2001-2002The Iowa Civil Rights Commission Vision:
A state where all people are free from discrimination.
The Iowa Civil Rights Commission Mission:
Enforcing civil rights through
Compliance, Mediation, Education, and Advocacy
2
T H O M A S J . V I L S A C K , G O V E R N O R I O W A C I V I L R I G H T S C O M M I S S I O N S A L L Y J . P E D E R S O N , L T . G O V E R N O R C O R L I S S . M O O D Y E X E C U T I V E D I R E C T O R
T h e H o n o r a b l e T h o m a s J . V i l s a c k G o v e r n o r o f t h e S t a t e o f I o w a T h e S t a t e C a p i t o l D e s M o i n e s , I o w a 5 0 3 1 9 D e a r G o v e r n o r V i l s a c k : I n a c c o r d a n c e w i t h t h e C o d e o f I o w a , I h e r e b y t r a n s m i t t o y o u a n d t h e G e n e r a l A s s e m b l y , t h e A n n u a l R e p o r t o f t h e I o w a C i v i l R i g h t s C o m m i s s i o n f o r F i s c a l Y e a r 2 0 0 2 . D u r i n g F i s c a l Y e a r 2 0 0 2 , t h e I o w a C i v i l R i g h t s C o m m i s s i o n s o u g h t t o e l i m i n a t e d i s c r i m i n a t i o n b y e n f o r c i n g c i v i l r i g h t s t h r o u g h c o m p l i a n c e , r e c o n c i l i a t i o n , e d u c a t i o n a n d a d v o c a c y . O u r v i s i o n i s a s t a t e w h e r e a l l p e o p l e a r e f r e e o f d i s c r i m i n a t i o n . T h e I o w a C i v i l R i g h t s C o m m i s s i o n i s f o r t u n a t e t o h a v e t h e d e d i c a t i o n o f t h e s t a f f , t h e c o m m i s s i o n e r s , a n d t h e p u b l i c i n w o r k i n g t o g e t h e r t o e l i m i n a t e d i s c r i m i n a t i o n . Y o u r c o n t i n u e d s u p p o r t o f t h e c o m m i s s i o n a n d i t s o n g o i n g e f f o r t s t o c a r r y o u t t h e m a n d a t e s o f t h e L e g i s l a t u r e a n d t h e A c t a r e e a r n e s t l y s o l i c i t e d a n d a p p r e c i a t e d . R e s p e c t f u l l y s u b m i t t e d ,
S T A T E O F I O W A
Mediation
• The mediator’s role is as a neutral third party who facilitates the discussions between the Complainant and the Respondent. The purpose is to assist the parties to reach a compromise.
• Fortunately, as the result of the more recent trend towards alternative dispute resolution (ADR), more and more disputes are resolved by mediation, even before the parties file suit in court. Mediation reduces litigation and costs associated with court. There are two requirements that must be met at the Iowa Civil Rights Commission before mediation takes place: first, both parties must be willing to resolve the dispute and second the process must remain confidential.
• The partnership with the Local Commissions and the Iowa Civil Rights Commission to utilize space at the locals to conduct mediations throughout the state of Iowa has been continued. This partnership allows the team to travel and reduce any hardship on Complainants and Respondents.
•The Mediation Team was created to provide efficient and effective customer service for Iowans. Mediations are conducted throughout the state of Iowa. Onsite mediations encourage Complainants and Respondents to resolve disputes in one meeting, which decreases timeframes significantly in case resolution.
Mediation Processing Numbers$1,142,187.56 in settlements
637 complaints were forwarded to the Mediation Unit
In 145 complaints, both parties agreed to mediate
In 492 complaints, at least one party elected not to mediate
4 complaints were Administratively
closed for failure to cooperate
1 complaint was withdrawn
by the Complainant
5 complaints resulted in a request for a Right-to-sue
Letter
Settlement $ # Cases$100,000<= $ 3$ 50,000< = $ <$100,000 1$ 25,000<= $ <$ 50,000 5$ 10,000 <= $ <$ 25,000 21$ 5,000<= $ <$ 10,000 28$ 1,000<= $ <$5,000 43$0<= $ 1,000 13
Other than $ settlement 10
4 complaints were returned to the Local
agency
124 complaints were
successfully resolved through
agreement
11 complaints were forwarded to investigation
3 complaints were settled by the parties prior
to agency action
79 complaints resulted in a request for a Right-to-sue
Letter
383 complaints were forwarded to Investigation
18 complaints were
Withdrawn by the
Complainant
2 complaints were returned to the Local
agency
3 complaints were returned to the Intake
Unit
Case Processing
• Employment continued to be the largest area of complaints filed, 86.8%. This year, the second largest area was public accommodations, 8.1%; followed by housing, 3.4%.
• Disability continued to be the most frequently named basis (characteristic) for discrimination in non-housing cases, with 769 filings. This was followed by sex discrimination at 721 filings. These two leading causes of discrimination were followed by race at 572 filings, retaliation at 470, age at 359, and national origin at 177. All other bases accounted for only 115 other complaints.
• In housing complaints, race was the most frequently named basis for discrimination with 34 filings. This was followed by disability with 22 and familial status with 12.
• In fiscal year 2002, 1673 complaints were filed against private employers; the other category, accounted for 198; and 169 were filed against state and local government employers. Almost half of the cases filed with the Iowa Civil Rights Commission came from four counties. Together these counties accounted for 1097 of the cases filed.
• Local human/civil rights commissions assist the Iowa Civil Rights Commission in processing or referring a number of cases every year. 443 cases were filed by local human/civil rights agencies.
• Of the 2199 case resolutions, the largest category was does not warrant further investigation/administrative closures at 44%, followed by satisfactory adjustments or withdrawal with benefits (settlements) 13.7%, rights-to-sue 11%, and administrative closures from locals, 10.6%.
During this fiscal year, 2367 complaints were filed with the Iowa Civil Rights Commission. Of those complaints, 170 were judged to be non-jurisdictional or untimely filed prior to being assigned a case number. Therefore, the number of complaints docketed for processing was 2,197. Resolutions numbered 2,199. Individuals who filed complaints with the Iowa Civil Rights Commission recovered $1,949,862.20 in settlement agreements/annualized benefits.
Filings by Area
136 75
177
1908
0
200
400
600
800
1000
1200
1400
1600
1800
2000Credit (1)
Education (36)
Housing (75)
PublicAccommodation(177)Employment(1908)
Filings in Non-housing Cases by Basis
6
4267
177
359
470
572
721
769
0
100
200
300
400
500
600
700
800Creed (6)
Religion (42)
Color (67)
National origin(177)
Age (359)
Retaliation (470)
Race (572)
Sex (721)
Disability (769)
Filings in Housing Cases by Basis
2
2
7
9
9
12
22
34
0 5 10 15 20 25 30 35
Color
Religion
Retaliation
Sex
National Origin
Familial Status
Disability
Race
Filings in Employment by Employer Type
4
10
19
22
26
76
169
198
1673
0 500 1000 1500 2000
Private Elem/Sec School
Union
Private College
Private Employment Agency
Public College
Public Elem/Sec School
State/Local Govt Agency
Other
Private Employer
Case Filings by Agency Processor
Processor Number of Cases
Iowa Civil Rights Commission 1697
Davenport Civil Rights Commission 100
Waterloo Commission on Human Rights 92
Equal Employment Opportunity Commission 57
Cedar Rapids Civil Rights Commission 51
Mason City Human Rights Commission 45
Iowa City Human Rights Commission 37
Des Moines Human Rights Commission 34
Council Bluffs Civil Rights Commission 28
Dubuque Human Rights Commission 24
Fort Dodge Human Rights Commission 13
Sioux City Human Rights Commission 8
Cedar Falls Human Rights Commission 8
Clinton Human Rights Commission 2
Ft. Madison Human Rights Commission 1
TOTAL 2197
Filings by County
County Number of cases
Polk 531
Scott 209
Black Hawk 182
Linn 175
Johnson 106
Pottawattamie 75
Woodbury 74
Cerro Gordo 64
Dubuque 55
Des Moines 45
Story 40
Clinton 38
Marshall, Muscatine 33
Webster 31
Wapello 27
Lee 25
Jasper 21
Dallas, Louisa, Marion 16
Buena Vista, Page, Union 15
Bremer, Poweshiek 14
Dickinson 13
Henry, Winnebago 12
Iowa 11
Crawford, Sioux 10
Fayette, Hardin, Winneshiek 9
Boone, Jefferson, Jones 8
Buchanan, Chickasaw, Clay, Hancock, Kossuth, Warren, Washington 7
Appanoose, Benton, Cedar, Clarke, Montgomery 6
Emmet, Mitchell, Plymouth, Tama 5
Carroll, Cass, Clayton, Delaware, Hamilton, Harrison, Howard, Mills, Palo Alto, Pocahontas, Taylor 4
Davis, Decatur, Floyd, Humboldt, Jackson, Mahaska, O’Brien, Shelby 3
Adams, Cherokee, Franklin, Greene, Keokuk, Lucas, Madison, Worth, Wright 2
Allamakee, Audubon, Guthrie, Ida, Lyon, Monona, Osceola 1
Adair, Butler, Calhoun, Fremont, Grundy, Monroe, Ringgold, Sac, Van Buren, Wayne 0
TOTAL 2197
11 513
10 73
7
12 25 4 9
1
4
5
64 3 7
2 2 2 0
74 1 0
1
9 4
0415
6
4 5
90 182
3
10
0
4
75
4
38
68
55
14
47
0
7
1611
3
2
60
6
3
204
152
209
33
106
716
4512
25
270 8
2316
531
40 33
21 14
3
6
11
175
4
310
2 8
4
7
15
3
Filings by County
Filings by Incident
Type of Incident Number of Cases*
Terms and Conditions 1196
Discharge 1094
Harassment 586
Reasonable Accommodation 543
Discipline 249
Sexual Harassment 228
Constructive Discharge 191
Other 180
Hiring 176
Wages 127
Suspension 111
Promotion 110
Demotion 84
Layoff 82
Training 64
Union 6
Benefits 4
Reinstatement 4
Benefits – Retirement 3
Benefitss - Insurance 3
Exclusion, Severance Pay Denied, Job Classification, Paternity, Referral, Involuntary Retirement, and Tenure
1 each
* More than one incident can be alleged in each case
Case Resolutions by Type
1 3 4 5 814
45
203242
300404
968
0
100
200
300
400
500
600
700
800
900
1000
Closed at Hearing (1)No Jurisdiction (3)Proceed to Public Hearing (4)Prob. Cause/No Prob. Cause (5)Succesfully Conciliated (8)Probable Cause (14)Withdrawal (45)No Probable Cause (203)Rights-to-sue (242)Settlement/mediation (300)Adminstrative closure (404)Screening closure - no merit (968)
Educational Resources
• The Commission’s educational programs are designed to inform people about their rights under the law, and to inform businesses, landlords, and other organizations how to conduct their operations in accordance with the law.
• Staff are available, upon request, to conduct public speaking engagements, workshops, classes, and other events. This fiscal year, staff participated in 212 events, reaching 5,945 participants. The most requested topics through the year were for programs on harassment and diversity issues. The Iowa Communications Network (ICN) enabled the team to do distance learning to other ICN locations.
• The citizens of Iowa continued to use the video lending library offered by the Commission. New titles were added to the video lending library. There were 187 uses of the videos by staff and by citizen requests.
• The public called the Commission for information 1,690 times during the year. These non-complaint-related calls came from employers, employees, renters, attorneys and others who wanted to know about civil rights and discrimination. Calls and presentations, resulted in 13,600 materials being distributed. This year there were over 70,000 visits per month to the Commission’s web site (www.state.ia.us/government/crc). The Iowa Civil Rights Commission also continued to co-sponsor the I’ll Make Me a World in Iowa celebration, held this fiscal year on Saturday, January 26, 2002. This year there were between 2000 and 3000 people attending.
• The Educational Resources Team not only plans and implements the education and outreach activities of the Commission, it is also responsible for the coordination of Accountable Government requirements and agency evaluation processes; implementation of the Iowa Excellence Program; the writing and administration of grants; the coordination of special projects; the production, updating, and dissemination of educational materials; the administration of the internal and external educational materials lending libraries; and the scheduling of ICN (Iowa Communication Network) events.
Budget
Agency Funding
The total funding for the Iowa Civil Rights Commission for FY 2002 was $2,378,846. The sources of the funds were the State General Fund ($1,063,292), Training and Technology funds ($1,590), complaint processing contracts and grants (EEOC $1,079,250 and HUD $212,060), an immigration education grant from the U.S. Department of Justice ($4,948) and from reimbursements for copying and civil rights complaint audits ($17,706).
Commissioners
• David Leshtz, chair
Iowa City
Appointed May 1999
• Alicia Claypool, vice-chair
Des Moines
Appointed May 1999
• Constance Gronstal
Council Bluffs
Appointed April 2001
• Rachel Scherle
Henderson/Iowa City
Appointed May 1999
• Dr. Gilberto Solivan
Mason City
Appointed April 2001
• Timothy Tutt
Des Moines
Appointed April 2001
• María Waterman
Pleasant Valley
Appointed April 2001