HRCI-Pre-approved General Credit Anchorage Equal Rights Commission - - PDF document

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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

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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
• f 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

Municipal Code prohibits discrimination in six areas:

– employment, – housing, – public accommodations, – financing practices, – educational institutions, & – practices of the MOA.

• AMC 5.20.020-5.20.070
• Discrimination is prohibited
• n the following bases, or

protected classes:

– race, – color, – sex ( to include pregnancy) – religion, – national origin, – marital status, – age, or – 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.

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Respondents & Complainants – Who is covered?

COMPLAINANTS:

• Any person aggrieved by an

unlawful discriminatory act or practice within the geographical boundaries of the Municipality

• f 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.

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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 Fact Finding Conference Settlement

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Settlement

• “Make Whole” relief

– Back wages – Reinstatement – Training – Personnel file changes – Policy changes – Respondent monitoring

• Private Settlements vs. Settlements with the AERC’s name
• n it.
• Settlements generally include language which prevents the

CP from filing in any other court of competent jurisdiction

• r administrative agency regarding the facts to be alleged

in the AERC complaint.

AERC Complaint Process

Intake / Inquiry Perfected Complaint Fact Finding Conference Settlement 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.

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AERC Complaint Process

Intake / Inquiry Perfected Complaint Fact Finding Conference Settlement Impartial Investigation

Substantial Evidence Find in favor of the CP No Substantial Evidence Find in favor of the RP

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.

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Enforcement Statistics

• 2008 -2012

– Basis

• Race = 38
• Sex = 22
• Disability (Physical / Mental)

= 19

• Retaliation = 11
• National Origin = 10
• Age = 5
• Marital Status = 2 in the last 5

years

• Pregnancy = 1.5
• Religion = 1.5
• Parenthood = 1
• 2004 – 2007

– Basis

• Race = 24
• Sex = 13
• Disability (Physical / Mental)

= 12

• Retaliation = 10
• National Origin = 9
• Age = 3 total for these years
• Marital Status = 1total for

these years

• Pregnancy = 1
• Religion = 1.5
• Parenthood = 2 total for these

years

Enforcement Statistics

• 2008 – 2012

– Area

• Employment = 81
• Public

Accommodation = 4

• Housing = 3
• Educational

Institutions = 1

• Practices of the

Municipality = 1

• 2004 – 2007

– Area

• Employment = 53
• Public Accommodation = 5
• Housing = 4
• Practices of the Municipality =

2

• Educational Institutions = 1
• Financial Institutions = 2 for

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.

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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