Compliance Statistics
Distinction Between Complaints and Cases: The Commission's business volume in
compliance matters must be understood in the light of the working definitions
of "complaint" and "case." A complaint is a notarized,
written allegation of a violation of the Iowa Civil Rights Act. It is a
formal charge which must be filed in triplicate and contain all of the information
required by the Commission regulations. On the other hand, a case is any
matter in which an aggrieved party alleges violation of the Act, but for
various reasons decides not to file a formal complaint. These are qenerall
settled preliminarily without the undertaking of a formal charge or, a formal
investigation.
Disposition of Formal Complaints: As of December 15, 1967, a total of 38
formal complaints had been processed by the Commission during its first
two and one-half years.
Total | Employment | Pub. Acc. | Housing | |
Conciliated | 9 | 3 | 4 | 2 |
Commission order appealed | 1 | - | 1 | - |
In Abeyance4 | 1 | 1 | - | - |
Investigation continuing | 2 | 1 | - | 1 |
No probable cause5 | 16 | 13 | 3 | - |
No jurisdiction6 | 5 | 4 | 1 | - |
Dismissed7 | 1 | 1 | - | - |
Withdrawn | 3 | 2 | - | 1 |
Total | 38 | 25 | 9 | 4 |
3. The 38 formal complaints arose in a total of 14 communities. Single complaints
arose in Ames, Clinton, Council Bluffs, Fort Dodge, Mason City, Oskaloosa,
Pella, and Sioux City. Two complaints arose in Bettendorf, Cedar Rapids,
and Davenport. Three complaints arose in Iowa City, four in Waterloo, and
seventeen in Des Moines.
4. A complaint is held in abeyance when its ultimate disposition by the
Commission depends upon judicial determination of certain aspects of the
matter in civil action. The Commission maintains jurisdiction in the matter
but does not make its finding until the civil action has been completed.
5. A finding of no probable cause means that the complainant had standing
as a minority to maintain the action, but that the Commission investigation
indicated no ostensible
substance to his charge of discrimination.
6. The Commission's jurisdiction extends only to discriminatory practices
based upon race, color, creed, national origin, or religion. Consequently,
a Commission finding of no jurisdiction follows when the complainant's allegations
do not involve discrimination based upon his race, color, creed, national
origin, or religion.
7. A complaint is dismissed by the Commission when circumstances render
further action meaningless at that time.
General Case Load: Considerable Commission staff time also has been spent
in resolving or clarifying the issues in a. wide variety of general cases
which did not proceed to the formal complaint stage. The Commission feels
that it has the public responsibility to at least look preliminarily into
any possible discriminatory incidents or situations which come to its attention.
Many times, however, the aggrieved party does not elect to file a formal
complaint, but does request the Commission's resources in helping to resolve
the problem.
A good example of such a case was the publicized incident in December of
1967 involving allegations that MexicanAmericans in the Muscatine area were
being excluded from adult education courses at the Eastern Iowa Community
College. The matter was called to the Commission's attention, but the complaining
individuals did not wish to file a formal complaint at once, preferring
instead to use the Commission's resources in a persuasive or coordinating
role. With the benefit of several days of fact finding on the many aspects
of the controversy, the Commission's compliance director was successful
in bringing the various principals in the matter together to resolve the
problem. As a third party who had thoroughly researched the situation, he
was able to demonstrate and correct the lack of communication between the
parties. Consequently, the Mexican-American individuals realized that they
were not being discriminated against, and they are presently on the waiting
list for the next session of classes.
Other Compliance Matters: Commission attention has also been given, under
terms of a working agreement with the federal Equal Employment Opportunity
Commission, to two other categories of cases -- EEOC referrals and EEOC
deferrals. Predominant among EEOC referals are cases alleging discrimination
in employment based upon sex. Federal law prohibits such discrimination,
while Iowa law does not. Consequently, all complaints or cases alleging
sex discrimination coming to the Iowa Commission's attention are referred
to the EEOC for disposition.
On the other hand, all allegations of discriminatory practices under federal
law coming to the attention of the EEOC which also constitute matters within
the jurisdiction of the Iowa Commission are deferred to the Iowa Commission
for disposition. After sixty days have elapsed since the Iowa Commission
has been notified of the matter, the EEOC may assert jurisdiction and process
the complaint, if any, through its own channels.
Minority Rights and Responsibilities
Overview: The whole idea of the Iowa Civil Rights Act is to ensure that
all people receive equal treatment under the law. In its investigations
of alleged discriminatory treatment of minorities, the Commission has given
full consideration to both parties in all compliance matters, including
both formal complaints and general cases. It has carefully and thoroughly
investigated the facts and issues at hand in its attempt to resolve differences
between the parties in a fair and equitable fashion.
Finding of Discrimination: A Commission finding of discrimination follows
when its investigation indicates that the particular aggrieved party met
the general qualifications or standards demanded or expected of everyone
else, but appeared to have been excluded specifically because of his race
(or creed, color, national origin, religion). By Iowa law, race, creed,
color, national origin, and religion are not valid considerations on which
to base decisions in matters of housing, employment, or public accommodations.
When the evidence indicates that discrimination probably has occurred, the
Commission seeks the appropriate remedy for the aggrieved party through
conciliatory efforts with the respondent. Thorough explanations of the coverage
of the law, the law's application to the respondent, the seriousness of
the alleged offense, and the breadth of the Commission's enforcement powers
many times have been sufficient to demonstrate to the respondent that his
practices have been illegal and to convince him to take corrective steps.
Attempts are made also during the conciliation stage to allay any fears
or misconceptions that the respondent has about practicing equal opportunity.
For example, in employment matters the Commission has offered to discuss
in depth with management creative ways of obtaining and maintaining an efficient
integrated work force. In this connection, suggestions are made as to specific
means of recruiting, testing, interviewing, orienting, training, and placing
minority applicants in a constructive and fair fashion. The possibility
of in-service training on considerations of cultural differences and intergroup
sensitivity for the entire work force is also discussed, with suggestions
made by the Commission as to content and procedure.
Enforcement measures generally are used only as the last resort when all
conciliation attempts fail. Then, however, the Commission takes the firm
stand that the necessary legal steps will be taken to ensure the appropriate
remedy at law.
Finding of No Probable Cause: A Commission finding of no prob ble cause
is made when the evidence indicates that the complainant's race (or color,
creed, national origin, religion) was not the determining consideration
in the respondant's action leading to the complaint of discrimination. In
other words, the Commission investigation has indicated that the complainant
did not meet the qualifications or standards which are generally expected
of everyone else in similar circumstances.
Several factors which can operate legally to exclude some individuals and
not others come to mind. For example, places of public accommodations generally
maintain a policy requiring certain standards of conduct and dress by its
patrons. These standards are valid, as long as they are applied uniformly
to all persons, regardless of race, color, creed, national origin, or religion.
Of a similar nature, the Commission recognizes that many landlords have
a policy of not renting to families who have children or pets, or who have
a poor credit rating. These standards are considered valid as long as they
are applied uniformly, and are not developed specifically as a means of
circumventing the fair housing law.
In employment matters involving job entry, the Commi sion likewise recognizes
that certain reasonable qualifica tions or standards must be met in such
fundamental things as past work history, employment references, character
references, police records, education, applicable work experience, aptitude
tests, and preliminary performance tests. In employment matters involving
job promotions and job releases, the Commission's investigation takes into
account such unfavorable aspects as an employee's absenteeism, tardiness,
insubordination, lack of cooperation, lack of productiveness, general inability
to perform the necessary tasks, and specific inability to assume the necessary
responsibility commensurate with the job.
When the Commission investigation indicates that there was no probable cause
for the charge of discrimination, the Commission still does what it can
to help alleviate the aggrieved individual's problems in some other way.
This help takes a variety of forms depending upon the circumstances. For
example, in cases involving employment matters the Commission might: help
the person find another position; counsel him on the importance of good
employment habits; advise him on job training and educational opportunities;
help him generally in "finding" himself; or help him define some
attainable goals in life and outline specific courses of action to pursue
those goals. The overriding concern is to assure him that effective legal
enforcement of equal opportunity is a reality, and that in this particular
case he did not possess the necessary qualifications which are generally
demanded or expected of everyone else in similar circumstances. He must
be encouraged to adjust his goals to attainable heights, and to try again
-- realizing that legal remedies exist if he is discriminated against.