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Tips on completing the Iowa Civil Rights Commission Complaint Form

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Steps of Customizing the Iowa Civil Rights Commission Complaint Form

so we are here from the our Civil Rights.Commission and which is a neutral.fact-finding law enforcement agency the.mission of the Commission is to end this.discrimination as part of our.enforcement activities the Commission.screens and investigates complaints that.are filed with Commission we also.provide training and education to the.public as part of our preventive efforts.efforts let's see here get this oh all.right let me get them all up here today.we're going to focus on the filing.screening and investigative process once.i put a complaint is filed with our.commission this slide is an overview of.the steps that a non housing.discrimination complaint will take later.i'm going to provide a summary of the.housing investigation process which is a.little bit different because of the.requirements are a work area agreement.with HUD so the first step that we take.once a complaint is filed with our.agency we conduct a couture section or.do we're going to talk about that a.little bit more detail here the.Commission staff reviews the complaint.to determine whether it's timely and.whether it falls within the subject.jurisdiction of chapter 2 16 there's a.complaint form that needs to be filled.out and we have them available on our.website icrc Iowa the complaint form.reap requires some information such as.name address phone number of the.complainants full name and address of.each respondent I wanted to kind of give.a little bit extra notice too that.sometimes we get complaints that may.move respondent just by first name only.sometimes we get complaints that are.filed a gift individual respondents but.they're sent to the company we send the.notices as we receive that we don't have.the means to go we don't necessarily.even know how to identify where.everybody lives all of the individual.respondents so if you are representing a.complainant and you want one to name.individual respondents is really the.best practices to get that information.and get probably a home address to us so.that we can make sure that they are.served notice because there was there's.link more lengthy process and especially.if we don't have a name last name.there's not going to be a possibility.for us to provide notice necessarily.because companies are necessarily going.to be cooperative in that situation the.complaint also requires a clear and.concise statement of the facts including.pertinent dates of each alleged unfair.or discriminatory practice if it's an.employment case we require an estimate.of the approximate number of employees.and you'll find out when as we talk.later about jurisdiction the reason why.we need that information once it's.determined whether a complaint is.jurisdictional the parties are notified.and given 30 days to respond when we.send out the notice we also found send.form questionnaires and we offer the.opportunity for the parties to provide a.position statement we attempt to get our.notice out to the parties within 10.working days after the complaint is.filed but sometimes we will need.additional information or clarification.from the complainant before we can know.that it's even jurisdictional fode and.that can take longer one thing I also.wanted to mention about the complaint.form the complaint form needs to be.verified by the complainant if we have.received complaints in the past where.the eternity sign on behalf of the.complainant and we have to send those.back because under the statute it has to.be verified and verified is defined in.the statute so you know you might as.well start from the beginning if you're.representing complainants and get the.complainant signature on the complaint.form in the beginning so Duras fictional.considerations first that it has to be.timely under our code chapter 2 16 that.the complaint is timely if it's filed.within 300 days of the incident this is.a strict deadline if the complaint is.untimely by even one day the ICRC will.not be able to accept the filing and it.will issue a no jurisdiction finding.this finding can be appealed of pursuant.to the administrative appeal procedures.under our co chapter 2 17 a but the best.practices are of course 22 if that.complaint filed.quickly as possible one thing I will.mention that it's from the the 300 days.from the date of the discrete act so for.example if its termination it has to be.within 300 days of the actual notice.determination if it's unequal pay it's.their special rule that applies money.who pay would be each time that a pay.check was issued that was that was not.with equal pay but if it's a continuing.violation situation like a claim of.harassing work environment we will look.at the most recent if it's truly.continuing most recent experience of.that harassing work environment or the.alleged to ration your investment then.the second thing is that claims must be.based on a protected basis and within a.covered area so we have a chart on our.website then I have reproduced here as.you can see in this chart the productive.protected areas are employment housing.public accommodation education and.credit and then the protectiveness class.protected characteristics whether that.is protected in that particular area.depends on what the area is for example.you can see from this chart a general.protected characteristic is only covered.in employment and credit so a landlord.could refuse to rent on the basis of age.I'm going to talk about some of these.special cases later on public.accommodation doesn't have to allow.persons of all ages to come into their.establishments that kind of thing now.sometimes that we receive a waiter then.also we have to be based on the.protected characteristic the complaint.of this alleged discrimination sometimes.in a harassment situation will see that.they're claiming that their harassment.of being harassed but it might be.because of a family or a friend swallow.you know some sort of something that has.nothing to do with a protected.characteristic under the statute so we.would not be able to investigate that.that's not under our jurisdiction.in addition and a retaliation the recap.did the conduct that is being retaliated.against needs to be protected by chapter.2 16 so for example if someone filed an.ocean complaint and then felt that they.were fired in retaliation for filing a.notice of complaint that's not covered.under chapter 2 16 we would reject that.complaint as well there are some.statutory considerations in each area to.be aware of for example in employment.chapter 2 16 the Iowa Code only covers.employers that regularly employ four or.more people in home workers like a yard.worker or someone that's been hired to.take care of Grandma would not be.covered employers in addition there are.certain positions in summary religious.organizations that are exempt from just.just the three characteristics of.religion gender identity and sexual.orientation so a church would be able to.choose a minister or that church based.on religion sexual orientation or gender.identity but you have to look at the.position that the church is hiring for.so perhaps it has to be someone that.their job is related to a bona fide a.religious purpose so a custodian.probably is not going to be within the.exception and it would then be against.chapter 2 16 to refuse to hire a.custodian based on religion gender.identity or sexual orientation another.one I thought I'd mentioned two.apprenticeship programs we don't run.into this very often frankly but it is.okay to eliminate the speed limit.participation and Prentice ship programs.to people who are 45 years or younger in.housing both Iowa and federal law allow.for age to be a qualification for.retirement communities for example age.is not a protected and basis in housing.but familial status is protected and.familial status is defined as having.children under age 18 or being pregnant.and those are protected.in housing and also and credit down the.road that will see but not an employment.another exception for example is if the.person rents out a room in their house.we call that a business movie exception.and if you don't have to take everyone.based on all of the protective.characteristics however you are not.allowed to advertise or so you would be.able to be able to advertise that I want.a female roommate or I want a female to.rent a room out of my house you.advertise that you have a room available.for rent then you can choose based on.sex if you want to in public.accommodation this is we're talking.about businesses or any kind of.establishment not a private club that.provides good services or facilities to.the public for a free app or a fee or.charge to non-members a private club.would not be generally included or.covered unless there is holding an event.that is open to the public and another.exception to the exception is if the.government agency or establishment that.receives government support or subsidy.so if it's a food pantry that gives food.out for free but they get federal.dollars or state funding that would be.covered even though it says service.that's being given out for free as I.said before age is not covered in public.accommodation so a bar would not have.that somebody was under age 21 but you.want to check your local ordinances.because I know there are at least a.couple of local civil rights ordinances.that cover age and hyper common in.public accommodation in education age is.also exclude until an elementary school.which i have to admit a 35 year old.student and it's azan with employment.than how to know there is a religious.exception for public accommodation in.education in credit and marital status.is included but mental disability is.excluded that's the only place remember.mental.ability is excluded and it's the only.play area where marital status is.included so a man could not have to loan.money to someone that has a mental.disability that prevents them from.having the capacity to enter into a.contract but the bank would not be able.to or allowed to refuse to loan money to.a woman because she's not married for.example the final area we considered to.be your own area is retaliation it's.illegal to retaliate against someone who.oppose this discrimination who filed a.complaint of discrimination with the.ICRC or internally within v8 there that.employer it's an employment case or who.refuses to obey a discriminatory order.my retaliation complaint can be filed.against any person doesn't have to be a.company if it's an employment kind of.situation it doesn't have to you can.file against the employer but checking.off a complaint it can also file against.the person who did the retaliating let's.see here and they have to have exercised.rights protected by chapter 2 16 as I.mentioned before I think it's worth.explaining for the purpose of how we.come up with our procedures and how why.there's a difference between non housing.housing complaint process that the Iowa.Civil Rights Commission has a.relationship with two different federal.agencies that enforce.anti-discrimination laws the Commission.has work hearing agreements with.Ethiopian hood so when a complaint falls.under a federal law as well as Iowa law.the EOC and HUD will accept the results.of our investigation as their work.subject to their review and then the.Commission receives federal funding.based on the production on these cross.claimed fire crossfire planes federal.employment anti-discrimination laws.covering larger employers like under the.EEOC so not all complaints can be.profiled and we don't have any work.share agreements in credit public.accommodation or education and so none.of those complaints are covered by or we.don't have any contracts and you don't.get any federal funding for those.complaints.are there any questions of what has.covered so far we've kind of really.haven't gotten into the process yet I.did want to mention that at any point I.his complaint has been filed with the.crew on file with mission for 60 days.the complainant can request a right to.sue letter it gives which gives 90 days.to file a lawsuit in district court it's.very rare that we would actually have.conducted our initial review by that.time which is in which is the next step.in the process so now i'm going to hand.it over to a b-double meyer one of our.investigators hi everyone so kristen has.taken us through the filing of the claim.the jurisdictional review and so forth.and I'm going to pick it up from there.with the next step which is our.screening process so this is an overview.of the area I'm going to be talking.about here so once we've sent out notice.of claim being filed we've gotten those.questionnaire responses then the.complaint screens to determine whether.further investigation is warranted so.there are two possible outcomes with.screening they can either be screened in.for further investigation at which point.mediation would be offered it or it can.be screened out in which case the case.is administratively closed now if it's.screened in as I said mediation will be.offered I'll talk about that a little.bit more here in a minute if the.mediation fails or the parties don't.agree to mediate then an initial.information request is sent out and the.case is assigned to a neutral.fact-finding investigator now fishel.information request or an IIR for short.is essentially a request for production.from the Civil Rights Commission to the.respondents asking for additional.information for investigation now back.to so that's the screening out.kind of process there if the or the.screening an excuse me now if the.complaint is screened out the case is.administrative be closed that's.essentially a saying we're not going to.do any more work on this we don't think.further investigation is warranted.however that's not a final determination.Rick reconsideration can be requested.within 30 days do that in writing with.the grounds for why you say should be.reopened and then the administrative.closure also doesn't foreclose getting.an administrative release or a right to.as what we call it and finally in court.so that's just kind of a brief overview.of this part of the process and now go.into into that a little bit more in.depth so the standard for screening when.a case is assigned to a civil rights.specialists such as myself for screening.what we're looking for is whether the.information collected today indicates a.reasonable possibility of discrimination.if it does then we'll screen in the case.or further investigation I like to think.of screening is kind of similar to a.summary judgment standard we're really.kind of giving the benefit of a doubt to.complain at screening where it's.appropriate to do so and looking for.whether there are fact issues that need.to be investigated so during the.screening stage we will make all.rational reasonable and otherwise.permissible inferences in complaints.favor that's actually that language is.actually from a summary judgment case.involving on a complaint discrimination.case and then also we don't evaluate.credibility at the screening stage at.least generally we don't however there.may be some times when the information.collected completely and irrefutably.contradicts the compliance claims and.under those circumstances we might.screen out a case based on a credibility.issue so that's the state.for screening as I mentioned earlier if.there is a reasonable possibility of.discrimination will spring to then if.there's not a will screen the case out.and then a dis administrative we closed.our rules say administrative closure is.appropriate when no useful purpose would.be served by further efforts that's in.the Iowa Administrative Code so.basically if we don't think that there's.a reasonable possibility of.discrimination there's no useful purpose.served by investigating and then I.wanted to mention as well that.administrative closure is also.appropriate in instances where we can't.locate the complainant maybe the.complainant is not cooperative they.didn't respond to the questionnaires or.the respondent has gone out of business.a couple recommendations for attorneys.at the screening stage first of all.failing to respond whether you're the.complaint or the respondent is not.advisable if you're the complainant you.fail to respond as i mentioned that's a.reason to administrative Laclos be.complained if your respondent and you.fail to respond thats grounds to screen.it in so that's something to keep in.mind and then kind of a lot of those.lines you know whether you're the.complainant or the respondent providing.a complete and thorough information.really will help the screener determine.whether further investigation is.necessary so you know the more.information we have to work with the.more information we have to make the.right determination some other.considerations here we won't accept.position statements by attorneys as.evidence so this really becomes.important for the second stage of the.mcdonnell-douglas analysis it looks like.a complainant can can make out a prima.barchi case and we look to the.respondent to articulate a legitimate.non-discriminatory reason support it.with some admissible evidence a position.statement by an attorney is an.admissible evidence so we can't rely on.that.so we need something like an affidavit.or even better some kind of a.documentation you know if it's a reduced.hours or reduced pay case you know maybe.schedules or time cards paychecks things.like that if it's a disciplinary.termination case you know records of.their discipline and termination you.know we don't expect attorneys to write.briefs or you know site to a bunch of.case law one they're either finding.their complaint or responding to one.however if you are making you know a.unique argument or you know it's kind of.a complex case that can be helpful to us.sometimes to you know kind of do a brief.analysis and maybe site to some legal.authority some of the things to keep in.mind you know some confidentiality and.evidentiary issues our process is.confidential however the parties do get.access to the file if a right to sue is.issued so it helps to know early on you.know in a position statement or other.documents where things might be.confidential you know you can note that.these things are confidential you can.read Act names or replace names with.initials things like that however if you.think something is confidential or you.have concerns about it being used in the.future don't just not provide it to us.we you know we do need that information.in order to make an informed decision.and we are also entitled to as a law.enforcement agency we do have subpoena.power so that's something to keep in.mind as well it might also help to note.that you know when you're filing your.complaint or responding to one that.would have provided is based on the.information that you have at that time.just so you know if you're worried about.it being used as a prior inconsistent.statement and the.future the Commission sources of.information as screening so obviously.we're going to use the information from.the parties the complaint the response.to the complaint and then the responses.to the questionnaires from both parties.and that's typically all we will look at.at screening generally other sources.aren't used that screening because.screening is meant to be more of a.streamlined process where we're kind of.filtering cases to determine which one's.likely have the most merit and then.focusing our efforts on those however.we're not restricted from using other.resources at any stage of the process so.and sometimes we will use other sources.at screening if you think it's going to.be helpful you know unemployment hearing.records workforce development reports.information from rival courts online.LexisNexis searches things like that so.that's another thing to keep in mind and.then along those lines you know because.this is confidential because complainant.doesn't have you know when the.complainant files their complaint the.respondent then responds to it the.complaint is not going to know what the.respondents responses until we we screen.it and they get our analysis so that's.something we keep in mind again in that.McDonnell Douglas analysis you know if.the complainant can make out a prima.facie case and the respondent does.articulate and support a legitimate.non-discriminatory reason the.complainant has to show pretext and if.the complainant doesn't know what that.legitimate non-discriminatory reason is.it's unfair to expect them to be able to.rebut that in any way so that's.something to keep in mind and sometimes.we will screen things and that's a.reason for screening something and if.you think you know the complainant may.be able to show some pretext to earth.they had access to this information.the next thing I'm going to talk about.is mediation so mediation is available.throughout our process and we sometimes.will conduct mediations before screening.if the parties wish to do so however we.always offer mediation to the parties.after a case has been screened in so.kind of looking looking at or.remembering that chart you know this is.after information has been submitted by.the parties it's been screened in next.step here is we would offer mediation to.the parties so we would offer that.mediation after the case has been.screened in and then before we would.send out that initial information.request to begin the investigative.process we offer mediation by certified.mediators we have a number of people at.the commission that are certified.mediators and then we also have some.volunteer mediators mediator yeah.mediators are neutral and the mediation.process isn't meant to be a fact-finding.process our goal is to just negotiate a.no-fault settlement something to keep in.mind is that we can also do global.settlement settlements to include claims.that may be related to your civil rights.claims so if you want to do a broader.settlement typically we schedule.mediations for four hours and conduct.those at our offices in Des Moines.although we will travel around the state.to conduct mediations as well we do.caucus tile mediations so we typically.begin with the parties in one room in a.mediator will do an introduction and.then the parties will break apart.mediator will go back and forth between.them discussing the issues and shoveling.offers back and forth until we reach a.settlement um something to keep in mind.as well you know mediator whoever's.assign immediate it won't be the person.that screened the case and if the.mediation fail.the mediator won't be the person that.investigates the case so and you can.feel comfortable being open with the.mediator about your strengths and.weaknesses of your case things like that.and the mediation process is.confidential by law so you know you can.feel comfortable with that process the.only thing we really expect from the.parties at mediation is that they.approach it with willingness to.compromise open this you know to to.getting it settled here are some recent.supplements and mediation we keep a.database of these on our website might.be helpful to look at those before you.come in for a mediation just to get an.idea of you know kind of the range of.what's typical as you can see we're.mediate cases in different areas.different bases different adverse.actions and settlements can range from.you know a thousand dollars two thousand.dollars up to tens of thousands of.dollars I will say $50,000 one there's.maybe a little bit of an aberration but.that was so on so and then of course.it's not just monetary damages you know.we can do subtle on agreements where.someone's reinstated to a job or is.provided a reasonable accommodation and.kristen is going to talk a little bit.more about potential remedies here in a.little bit blessed peace i'm going to.talk about is investigation so looking.back at our chart here investigation.with the after case has been screened in.the mediation has either failed or the.parties didn't agree to it that initial.information request has been sent out to.the respondent we've gotten that back.and so at that point the case would be.assigned to investigate our office the.investigator would review the.information from that I are obviously.look at the case file.and then determine what information they.need in order to make a recommendation.so that could be oftentimes that it.means to complain it it could mean.requesting additional information from.respondent things like that and then.determining you know whether other.interviews are needed or other.information so there are three possible.outcomes from an investigation a that.there's probable cause to believe that.discrimination occurred that there's no.probable cause to believe a.discrimination occurred or again.administrative closure so for a probable.cause or no probable cause.recommendation the investigated with.right the investigative analysis with.that recommendation and then that would.go to an administrative law judge in the.Department of inspections and appeals.for a decision something to keep in mind.here is that an ALJ can't administrative.ly close the case all they can do is.issue probable cause or no probable.cause finding so there is some risk.there you know if we recommend it's.probable cause and the ALJ disagrees.with that they could come back with a no.probable cause finding and that would.foreclose getting a right to sue so.that's just something to keep in mind in.that area again if administrative.closure is recommended the case is.closed we're not going to do any more.with it but it doesn't foreclose getting.a right to sue I was going to mention.here you know once a case is.administratively closed you have two.years from that date from which to get.that right to sue and then 90 days from.the issuing of the right to sue to file.in court however Kristin's going to tell.us about a piece of legislation that's.moving up at the state house that could.constrict that timeframe quite a bit so.this is how it is now but keep in mind.it may not be that way a whole lot.longer.so the standard for investigation what.we're looking for is for probable cause.finding is reasonable grounds to believe.that discrimination has occurred and.then for no probable cause finding no.reasonable grounds for believing.discrimination has occurred and then as.I mentioned earlier administrative.closure standard administrative closure.is appropriate where no useful purpose.would be served by further efforts so an.investigator will masterfully close the.case if at any point during the.investigation he or she doesn't think.there's a reasonable possibility of a.probable cause finding so sometimes this.will be you know you review the case.file and the response to the iir you.interview the complainant and the.questions that were outstanding from.screening analysis you know why with.screening have been answered nothing.else came up that raised any flags and.so you determine well at this point.there's no reasonable grounds for or at.this point I don't think I'm going to.get to a probable cause finding and you.would administrative a closed case again.doesn't foreclose filing district court.c60 a couple recommendations for.investigation the biggest thing is just.be cooperative with the investigator the.investigator is neutral our goal is to.determine the facts and then make a.recommendation about whether or not the.law has been violated so you know.sometimes it can help possibly to just.advise your clients of that you know if.if if they're going to be interviewed.that you know the investigator isn't an.attorney for one side or another they're.not a prosecutor or anything like that.we're truly neutral at this stage in the.process make witnesses and documents.available in a timely manner hand along.those lines you know delay or lack of.by the complainant can result in.administrative closure and then a delay.our lack of response by the respondent.may result in submitting a PC.recommendation a probable cause.recommendation to an ALJ so if a.respondent doesn't respond we can make.an adverse inference that no the reason.they're not responding is because the.information is going to back up the.complaints claims so and then finally.here just make recommend excuse me.representation decisions carefully so.you know if you're the attorney for an.employer you might want to be careful.about representing both the employer and.an accuser a sir because your interest.might might not always align so just.something to keep in mind finally here.just a short piece on the use of the.investigative file and our findings at.trial so position statements.questionnaire responses witness.statements may be used for impeachment.even if they're not admissible as.evidence and then our findings the icrc.findings are admissible within the sound.discretion of the court so I am going to.hand it back over to Kristen now and she.is going to talk about what happens.after a probable cause finding and then.take us home from there.now remember if you have any questions.as we go along tie them into the box.we're happy to answer because we're.getting close to the end of the actual.process so just as a review what we've.done so far as our hour of our process.the complaint is filed a verified.complaint makes all the appropriate you.know it's complete enough for us to be.able to determine that we have.jurisdiction over the complaint we.submit it to we collect information from.the parties we submitted to one of our.employ one of our civil rights.specialist for screening they decide.they're going to screen it in or screen.it out if it's screened out it's done.complaint we're done with our process.it's an administrative closure and we.have no further work with that I did.want to mention that an administrative.closure is not appealable to the.district court but you can ask for.reconsideration from the director for me.but if I decide not to reopen the.investigation then we're done we're done.with our process the only thing that can.be done is because we're not always.right you know it but under this statute.you do have the right the complainant.has the right to request a right to sue.and go to court and you know in even ask.for a jury trial so but there's no 17 a.review of an administrative closure if.the case has screened in and accept as.in you talked about with mediation.that's voluntary if the parties choose.not to go to mediation or the mediation.fails it goes to investigation we go.through our entire investigation process.we evaluate the case every time at every.step we read about evaluate during the.investigation even to see you know if I.keep going with this investigation am I.possibly still going to get to a.probable cause the investigators are.instructed that if they get to a point.where they don't think that there if.they keep going they're going to get to.probable cause finding that they.administrative closes at that point.again not appealable but.you can get a right to sue letter then.it goes as he said to probable cause or.no probable cause recommendation to the.out J maybe there's been a question now.there has been a success i'm going to go.very well okay the question is what's.the range standards what is it ok the.first question is what is the.reconsideration standard so if if i get.and there's a 30 day by the way prime.limit for requesting reopening i will.look at it and i will see if additional.information is provided by the.complainant or has the complainant has.that protect potentially identified a.legal argument that we hadn't considered.that indicates that we still could get.to probable cause so we need to in these.may pretty concrete you know what did we.miss within our screening report tell us.what we missed and tell us why you think.that that will potentially lead to a.probable cause finding in henna question.here lets you file a place for the.individual do anything Erasmus math.vigil in athletes and of course to go.okay so then the sex this next question.is whether or not the complainant has to.file a separate complaint for the.individual harasser or discriminator in.addition to the complaint for against.the company and the answer is no you can.name all the parties in that one single.complaint you can also a men down the.road if additional things happens as a.result of it or even file like for.example you file a complaint to get you.were disciplined suspended you think it.was the complainant thinks it was.discriminatory and they file their.complaint with us and then the next.thing that happens after they filed.their complaint as they get fired so.they're going to claim retaliation you.can either amend that first complaint or.file a new complaint based on the.retaliation in the other one okay it's.good good go ahead and keep asking those.questions would you like to help out so.we're at the stage of PC we got a PC.order if there's an NPC order let me see.here yeah if there's a what start of a.no probable cause site is the ALJ finds.no probable cause then our case is.closed and the the finding of no.probable cause prevent us from issuing.the right to sue letter if the.complainant wants to go to try to diss.record a no probable cause order.prevents the complainant from going to.court and getting a jury trial the only.way you can get relief the complainant.can get a relief from a no probable.cause finding is by filing for judicial.review pursuant to chapter 17 a.procedures and there there is aught me.if you're not there's also a.reconsideration period as well but again.so that's a risk that can be taken if.the complaint it is is staying with our.process throughout the investigation.process it's the risk that even if we.are investigator recommends probable.cause finding that the administrative.law judge might disagree and the only.thing the administrative law judge you.can do is close it on no probable cause.now if the aota is probable cause is.recommended and the alj agrees then it.has it has to be assigned for a.mandatory statutory 30-day conciliation.period and we can extend that period of.time with the minimum of 30 days I mean.then at this point the Commission is no.longer neutral we are an advocate for.the Commission's interest which are the.elimination of discrimination so we work.with the complainant to help the.complainant get the relief needed in.terms of things such as compensatory.damages or reinstatement or whatever.kind of thing for the plan is looking.for but we do not represent the.complainant to obtain that compensatory.relief so on this side we show the.different routes so oh I've already gone.sorry to get an idea we have a question.okay good.all right especially you is not.available on an administrative closure.under 70k that the complaint have any.options at ICRA precision with you to.determine if enacted are the survey.recently so the question is whether or.not and a complainant can get any kind.of review of an administrative closure.but I guess under the claim that it's.was arbitrary capricious so a judicial.review kind of standard and the answer.is no the remedy that the complainant.has is to be to get a right to sue and.be able to go to district court here are.some examples of conciliation agreement.in the past not too distant future path.I guess you'd say we both mean they're.anonymous we don't have that we don't.identify the parties on these because.again it's part of our confidential.process we don't identify the parties to.mediation agreement either but we think.it's important for parties to see when.they're going to participate mediation.and conciliation so what kind of.remedies we are seeing in terms of.voluntary settlements we also post our.administrative law judge public hearing.and ruling again it's the kind of thing.that you need to know I think if you're.representing clients what does literally.0 in awarding do you want to stay with.our process you want to settle in our.process or do you want to if you're a.complainant take your take your chances.in front of a jury so to get an idea of.the monetary settlements and.conciliation we have a cup as you can.see there's similar to our mediation.numbers and right now a way the process.works it does not look like there's any.advantage to waiting for the.investigation to be clean pleaded to be.able to reach a settlement if the case.does not settle.in conciliation then the next step is to.for the Commission to consider whether.this case should be taken to public.hearing we do contest an internal.litigation review and obtain approval.from the chair of the Commission we have.a 77 member overview board or to solve.it the commission of the Republic of.their appointed by the governor and the.chair of that Commission will review our.recommendations if we decide to go to.public hearing considerations that we.take into account in determining whether.or not this is a case that should be.taking the public hearing include the.likelihood of success on the merits the.cooperation of the complainant and a.complainants attorney if there is one.whether it looks like the expectations.of the complainant can be met at public.hearings for example of a complainant.was suspended for one day and is set on.demanding a million dollars in damages.which received in the past by the way we.might be reluctant to take that case.elakiri it doesn't settle because the.expectations are unrealistic we also.look at you know what kind of impact.does it have are we this advancing our.mission of eliminating discrimination in.the state of Iowa so a public hearing is.simply an administrative trial the.hell's before an administrative law.judge without a jury the Commission and.the respondents present evidence and.then a proposed decision is made by the.alj then this decision becomes final.unless its appeal to the seven-member.Iowa Civil Rights Commission the.overview board that I was talking about.the Commission's decision will be final.if it is appealed to the Commission then.the Commission's decision is final.agency action and that subject to.judicial review under chapter 17 a some.special notes to be aware of to make.about this process in a public hearing.the Commission is the party not a.complainant.the Commission's role I guess I like to.think of it as similar to the role of a.county attorney although there is.specific authority to also request.compensatory relief on behalf of.complainant if the complainant wants to.be a party though the complainant must.file a motion to intervene so the.complainant in our case would be we.become the prosecutor as the Commission.the complainant is the victim but the.complaint it can file to interview being.to become a party which we recommend if.there's an attorney involved because.then they're they're accepted to all the.notice then they're all so subjective at.discovery and all the other things that.happens in a pre-trial pre-hearing.process also the Iowa Supreme Court has.recently held not that reason a couple.years ago that the Commission can move.forward with an investigation in the.hearing even if a complainant of Silas.is an employment contract that includes.an arbitration clause the reason is that.for this is that the Commission is.charged with the elimination of.discrimination and to do that the.Commission has to their interest extend.beyond those of the victims of.discrimination and we need to be able to.advance or go forward with a claim over.some discrimination allegations in order.to be able to eliminate discrimination.say the Iowa code lists the potential.remedies when there is a finding of.discrimination at the hearing level or.we also use these remedies when we are.going through mediation reconciliation.and those remedies include a cease and.desist order hiring or reinstatement or.promotion and other equitable relief.training of the let's say it's an.employment or even housing training on.how to avoid discriminating and how to.avoid having harassment in the either in.that in whatever that area is payment of.damages including if appropriate back.pay front page motional damages costs.and reasonable attorneys fees.we've had the most recent public.hearings here's a summary of the damages.that were warded by an ALJ in the pizza.& steakhouse case this is a waitress who.had been fired because she became.pregnant her intention was to stop.working when she had the baby so her her.back pay was limited to up to that point.where she would have wanted to quit her.job anyway and she also gave up her she.decided not to pursue damages for.emotional distress for personal reasons.because you know if you're seeking.emotional distress damages you open up.your other aspects of your life and she.was not interested in doing that in this.case the second case is actually on.appeal still there were two employees of.the dis people that they had a disabled.with some operating a bar and the two.employees were older employees and they.got a new manager at the seagulls and he.decided he wanted system the actual.quote from the case you wanted eye candy.and so he fired the older gentleman and.the older lady well he reduced their.hours so that they had no choice but to.try to quit and so or to quit and.because they were going to get any money.anyway so it's basically an age mostly.an age discrimination case in this case.the alj awarded fishness is a man a.little bit less than wages because he.was actually able to find another job.and then a little bit less than.emotional distress damages than miss.Kelly miss Kelly not only couldn't find.another job she also was evicted from.her place where she lives because she.was unable to pay the rent which.increased her emotional distress and she.was awarded higher emotional distress.damages for that and as I said that case.is pending there's there's an appeal.pending there are some other issues.involving naming of the parties and some.other things that they responded have.brought up but.I think our we'll see what the.Commission does with them see here very.quickly I wanted to point out some of.the differences in our housing complaint.process the housing investigative.process mirrors the federal process.under the Federal Housing Act or the.fair housing act so complainant a.complaint is filed after intake with a.civil rights specialist the icrc in this.in a housing cakes takes a little bit.more ownership of a housing complaint.starting at the intake stage enjoy and.then conciliation or settlement efforts.are made throughout the entire process.offered at each stage almost every time.that you talk to somebody and a part of.the case an investigation in the housing.case results either in a PC or an onkyo.NNPC finding so there's no.administrative closure in housing cases.but if there is an NPC or no probable.cause finding the complainants can still.get a right to sue letter which is.different from in the non housing.process and if there is a probable cause.finding if the Commission decides to go.forward with a hearing the Commission.can either choose to file a district.court and ask for a jury or go through.the administrative hearing process and.that also is in conjunction with the.complainant that decision is made with.the complainant do we have any more.questions yet.okay good okay bye I frames with.Mercedes Assad haha place to sell.insurance so okay the question is how.what are the time periods for the.different stages of the complaint.process and how long to get to a public.hearing and very good questions I'll.tell you it is longer than we want it to.be so currently the time for getting.from the filing of the complaint to.screen is about four months we would.like it to be less that it's it's not.right now it's about four months then.there's we give 45 days generally for to.get to mediation to actually haven't.mediated if if mediation is something.that the parties decide to do and if not.then we send it to investigations that.there we have to wait 30 days for the.initial information request so there's.at least 30 days for that sometimes it.takes longer because parties both.parties might ask for additional time so.right now for our investigations we are.about 10 months out from the date of the.complaint that the complaint was filed.which is again longer than we'd like it.to be then during the investigation our.goal for investigation is to take 60.days or less we're doing we've been.doing pretty well with that recently.much better than we did a number of.years ago and then conciliation if.there's probable cause finding.recommendations dlj takes about 30 days.to get that to us and then then there's.conciliation which is going to take at.least 30 days because that's statutory.so we're looking at over a year from the.compiling of the complaint tell the.decision to even get to public Harry.then we have to work with the.administrative law judges schedule our.administrative law judges are with the.Department inspections an appeal so it.we could easily see a team's 281 18.months to two years out any other.questions.okay the final thing I wanted to mention.those is some legislation pending in the.legislature this session the first one.is health I Ohio 30 name by 39 this is.have passed the house and is in sub.committee in the Senate right now this.is a bill that would mandate that a.right to sue be issued by the Commission.at the time of every administrative.culture regardless of whether the.parties with the complainant requests a.right to sue and then at that point to.complain that has 90 days to sue so.currently in a process is when we.administrative Lee close a case that's.all we do the complainant has two years.that to request a right to sue and then.once that right to sue has been issued.then they have 90 days to file in.district court so this bill would change.that process and every single.administrative closure would have result.in a right to sue letter and then every.single complainant would have only 90.days said to follow suit it takes away.two years basically at the time to.decide to decide whether to file import.like I said that ones in past the house.and it's pending in senate house file.295 this one is that this thoughts are.some different versions of it the.original one prohibited local.governments and local civil rights.agency from enacting ordinances that.will more protected than check the 216.so they weren't allowed to add protected.classes a protected class for example.one that might have had been added was.the source of income and housing but as.amended it only deals with employment.now that one passed house enter pending.in senate then house while 376 which.actually didn't survive the funnel but.it's interesting i think that's an.interesting bill is just a simple fix to.correct the what happened in a Supreme.Court case that have that was came down.on Christmas Eve to 2015 and that is to.require all employers.over four covered by the act to.reasonably accommodate pregnancy that.one actually had both Democrat and.Republican sponsors but it didn't.survive funnel and finally the final.thing I want to do is plug a couple.events at April's emmons we have an into.city and on April twenty-eighth we have.in in Cedar Rapids a fair housing.training um covering it up see the.covering assistance animals and also.design and construction for.accessibility so if you have clients.that are either housing providers or.they are involved in construction of.multi tenant housing this hot training.is very informative and I do highly.recommend it we also edit free by the.way those two training while we also.will have our 5th annual will be the.change in podium October 27 2017 at.prairie meadows so save the date for.that and that was also we're very.reasonably priced CL a full day of CLE.any other questions.

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Iowa Civil Rights Commission Complaint Form FAQs

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I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?

If you are confused on how to sue or how to answer a complaint, US Legal Forms has all the on line forms you need to file a complaint, including a free preview of a complaints form sample before downloading. Legal Complaint Forms

How should one fill out the DAF form for the UPSC civil services?

While filling the Detailed Application Form (DAF) you have to take care of many things like your service preference, cadre preference, hobbies, interests and other questions. Other answers have dealt with many subjects. But I want to tell how you can choose a right preference of services while filling up the DAF. Please see the below video to choose a right service. It will clear all the doubts regarding choosing a right service.

What forms do I need to fill out to sue a police officer for civil rights violations? Where do I collect these forms, which court do I submit them to, and how do I actually submit those forms? If relevant, the state is Virginia.

What is relevant, is that you need a lawyer to do this successfully. Civil rights is an area of law that for practical purposes cannot be understood without training. The police officer will have several experts defending if you sue. Unless you have a lawyer you will be out of luck. If you post details on line, the LEO's lawyers will be able to use this for their purpose. You need a lawyer who knows civil rights in your jurisdiction. Don't try this by yourself. Get a lawyer. Most of the time initial consultations are free.

How can I fill out Google's intern host matching form to optimize my chances of receiving a match?

I was selected for a summer internship 2016. I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join. I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience). Do a search on the potential team. Before the interviews, try to find smart question that you are Continue Reading

What is the right way to fill out Two-Earners Worksheet tax form?

You might have found answer, but I am posting a link to help others who hit this question: http://www.irs.gov/Individuals/IRS-Withholding-Calculator This gives a fairly accurate guidance

Do police officers have to give you their name and badge number?

It may or not be law, I honestly don’t know, but it is Agency policy, so I always comply. If I write a citation, the defendant has both right there on the ticket. Now for a funny story. I was assigned, with another Patrolman, to stand by while a soon to be ex-husband dropped of paperwork to his soon to be ex-wife. We arrived before soon to be ex-husband. This guy was a school teacher (Strike .1) an arrogant son of a bitch (Strike.2) and was known to try to intimidate the Police (Strike .3). When he pulled up, we were out of our cars and leaning our butts on my trunk. He jumped out of his car and Continue Reading

Does a police officer have to identify himself when asked?

If by police you are referring to individuals who are NOT wearing a clearly visible uniform with the word POLICE on it and that are NOT wearing a badge with their last name either sewn in the right breast pocket or on a name plate complete with departmental patches on their arms, I would say they are required to identify themselves when they are working in an official capacity (on duty) and when they make contact with the public. The exception would be police in UC roles.

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