Complimentary Webinar Series Anchorage Equal Rights Commission Eric McGhee, Senior Investigator Download copy of slides http://alaska.shrm.org/slides /AKSHRMStateCouncil @akstatecouncil http://tiny.cc/AKLinkedIn HRCI-Pre-approved General Credit Anchorage Equal Rights Commission (AERC) Enforcing AMC Title 5, Title VII of the Civil Rights Act of 1964, and Title 1 of the ADAAA 1
AERC History and Mission • Established in the Anchorage Charter in 1975, the AERC is the Municipal law enforcement agency charged to eliminate and prevent unlawful discrimination under Title 5 of the Municipal Code within the geographic boundaries of the Municipality. • The AERC also enforces Title VII of the Civil Rights Act of 1964 through a workshare agreement with the federal Equal Employment Opportunity Commission (EEOC). The AERC also enforces the Americans with Disabilities Act of 1990 (ADAAA - Title I). The Commission The AERC is governed by nine members who are appointed by the Mayor and confirmed by the Anchorage Assembly. Staff The AERC has five professionals on staff which include an Executive Director, three Investigators, a Docket Clerk and an Intake Officer. AMC Title 5 Areas & Bases – What’s Covered? • Title 5 of the Anchorage • Discrimination is prohibited Municipal Code prohibits on the following bases, or discrimination in six areas: protected classes: – employment, – race, – color, – housing, – sex ( to include pregnancy) – public accommodations, – religion, – financing practices, – national origin, – educational institutions, & – marital status, – practices of the MOA. – age, or • AMC 5.20.020-5.20.070 – physical or mental disability, [A.M.C. 5.10.010] plus – Retaliation is prohibited. Federal Title VII Civil Rights Act and Title 1 of the ADA(AA) Area & Bases – What’s Covered? • Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on – race, color, national origin, sex, pregnancy, religion, & retaliation. • The Americans with Disabilities Act prohibits discrimination in employment based on – physical or mental disability. 2
Respondents & Complainants – Who is covered? COMPLAINANTS: • Any person aggrieved by an unlawful discriminatory act or practice within the geographical boundaries of the Municipality of Anchorage. Respondents & Complainants (Con’t.) – Who is covered? RESPONDENTS: • Under Title 5, a respondent can include – Individuals, – Landlords, owners, lessors, managers, real estate brokers or agents, real estate sales people, – Partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, – Employers, employment agencies, labor unions, labor organizations, joint apprenticeship committees • Employer means an employer, public or private, of one or more persons. – Other legal or commercial entities. AS 5.20.010 • Under Title VII, an employer includes – All private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. Timeliness – When can someone file? • AERC Complaint must be filed within 180 days of date of harm or alleged discriminatory act or practice. AMC 5.40.010.B. 3
AERC Complaint Process Intake / Inquiry Perfected Complaint Fact Finding Conference Fact Finding Conference (FFC) • Complainant and a support person (attorney, significant other, etc.). • Respondent’s Representative and a support person (attorney, HR, owner, Board Member, etc.). • No witnesses. • No determination will be made as to the merits of the allegation(s). • CP and RP Rep are required to speak for themselves at all times. • No statements or questions from support persons. AERC Complaint Process Intake / Inquiry Perfected Complaint Settlement Fact Finding Conference 4
Settlement • “Make Whole” relief – Back wages – Reinstatement – Training – Personnel file changes – Policy changes – Respondent monitoring • Private Settlements vs. Settlements with the AERC’s name on it. • Settlements generally include language which prevents the CP from filing in any other court of competent jurisdiction or administrative agency regarding the facts to be alleged in the AERC complaint. AERC Complaint Process Intake / Inquiry Perfected Complaint Settlement Fact Finding Conference Impartial Investigation No Substantial Evidence Find in favor of the RP No Substantial Evidence (NSE) – Finding in favor of the RP • Initially a recommendation to the Executive Director. • Exit interview with Complainant. • Executive Director accepts NSE recommendation, complaint is closed. • Within 15 days of closure CP can request a reconsideration. • 3 Commissioners are appointed to review the file. • If NSE finding stands the CP can file an appeal in AK Superior Court. 5
AERC Complaint Process Intake / Inquiry Perfected Complaint Settlement Fact Finding Conference Impartial Investigation No Substantial Evidence Substantial Evidence Find in favor of the RP Find in favor of the CP Substantial Evidence (SE) Finding in favor of the CP • Initially a recommendation to the Executive Director (ED). • Exit interview with Respondent Representative • SE Determination issued. Respondent notified of Conciliation Conference • AERC Executive Director and Investigator meet with Respondent to discuss conciliation (make whole relief). • If Respondent agrees to conciliate then case is closed SE, a Conciliation Agreement is drafted and signed by all three parties (CP, RP, and AERC) and compliance with the agreement is monitored by the AERC. • If RP does not agree with the SE finding and/or does not agree to conciliate then matter will go to a Public Hearing. Public Hearing • Presided over by a Hearing Officer. • Role of the AERC shifts from impartial and unbiased to advocating for the Complainant. The AERC staff attorney would present the Complainant’s case to the Hearing Officer. • Hearing Officer issues a determination, if Substantial Evidence then Respondent can file an appeal in AK Superior Court. • Public Hearings are not confidential. 6
Enforcement Statistics • 2008 -2012 • 2004 – 2007 – Basis – Basis • Race = 38 • Race = 24 • Sex = 22 • Sex = 13 • Disability (Physical / Mental) • Disability (Physical / Mental) = 19 = 12 • Retaliation = 11 • Retaliation = 10 • National Origin = 10 • National Origin = 9 • Age = 5 • Age = 3 total for these years • Marital Status = 2 in the last 5 • Marital Status = 1total for years these years • Pregnancy = 1.5 • Pregnancy = 1 • Religion = 1.5 • Religion = 1.5 • Parenthood = 1 • Parenthood = 2 total for these years Enforcement Statistics • 2008 – 2012 • 2004 – 2007 – Area – Area • Employment = 81 • Employment = 53 • Public • Public Accommodation = 5 Accommodation = 4 • Housing = 4 • Housing = 3 • Practices of the Municipality = • Educational 2 Institutions = 1 • Educational Institutions = 1 • Practices of the • Financial Institutions = 2 for Municipality = 1 this period Settlement and Conciliation remedies 2008-2012 • Average cost of complaint to defend $20,000.00 • 25% of complaints filed are settled. • $100,000.00 in monetary relief for Complainants. • Training for Respondents. • Change personnel file to reflect resignation vs. termination, remove discipline, change eligibility for rehire. • Neutral reference. • Reinstatement. 7
QUESTIONS Eric McGhee Senior Investigator Anchorage Equal Rights Commission mcgheeem@muni.org 343-4340 Thank You! To download a copy of your certificate go to http://alaska.shrm.org/certificate 8
Recommend
More recommend
