Columbus
Human
Rights Commission
123 Washington Street #5 •
Columbus, IN 47201
(812)376-2532 Phone • (812)375-2752 Fax • (812)375-2720
TDD
Office Open 8:00a.m. to 5:00p.m. Monday thru Friday
Frequently Asked Questions
- What is the mission statement of the Human Rights Commission?
- In what areas does the Human Rights Commission enforce the anti-discrimination ordinance?
- What kinds of discrimination are prohibited by the City of Columbus' Human Rights Ordinance?
- Does your ordinance cover sexual orientation discrimination and do you take sexual orientation complaints?
- Do I qualify for FMLA (Family Medical Leave Act) coverage?
- How does a person file a complaint?
- What services does the Commission provide local employers, landlords and schools?
- What process does the Commission use to investigate a complaint of discrimination?
- What are a Complainant's rights and responsibilities?
- What are a Respondent's rights and responsibilities?
| 1. What is the mission statement of the Human Rights Commission? |
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To lead Columbus
in building and maintaining an inclusive community by: |
| 2. In what areas does the Human Rights Commission enforce the anti-discrimination ordinance? |
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The Human Rights
Commission fosters equal opportunity in: |
| 3. What kinds of discrimination are prohibited by the City of Columbus’ Human Rights Ordinance? |
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The Human Rights
Ordinance states that it is the public policy of the City of
Columbus to provide all of its citizens equal opportunity and
that it is unlawful to discriminate in the areas of employment,
housing, education, public accommodation or credit on the basis
of: |
| 4. Does your ordinance cover sexual orientation discrimination and do you take sexual orientation complaints? |
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If you believe you have been discriminated against on the basis of sexual orientation, please call our office or email us, as we may be able to help you. Many employers prohibit sexual orientation discrimination in their personnel policies, and we may be able to help you file an internal grievance. Also, we keep a record of all instances of such discrimination, and if you wish to remain anonymous, you can. In some instances, the discrimination you allege may be covered by local, state and federal sexual harassment and sex discrimination laws, and you may be able to file a formal complaint with our agency. Also, our office has a contact numbers for local and state resources to help you, including a local Gay/Straight Alliance chapter, a local Parents and Friends of Lesbians and Gays (PFLAG) chapter, the Indiana Civil Liberties Union (ICLU) and other resources as well. Currently, state and local law does not explicitly address sexual orientation discrimination in the civil rights and anti-discrimination laws, although sexual orientation is covered by Indiana's Bias Crimes Reporting Act. For more information, please review these documents which provide more information on the Human Rights Commission's policy on sexual orientation discrimination and a Resolution concerning sexual orientation discrimination passed by Commissioners in 2001:
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| 5. Do I qualify for FMLA (Family Medical Leave Act) coverage? |
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The Human Rights Commission does not enforce the FMLA, as it is a federal law. The Commission, can, however, provide you with information and technical assistance on the FMLA. Only certain employers are covered by the FMLA, and only certain employees are eligible for FMLA coverage. The United States Department of Labor (DOL) enforces the FMLA, or, you can seek assistance from a private attorney. For more information on the FMLA, you can visit the DOL's website: http://www.dol.gov/elaws/fmla.htm or contact the DOL office closest to Columbus: Indianapolis District Office Synopsis of the FMLA: Covered employers (fifty or more employees or a government agency) must grant an eligible employee (employed at least twelve months and worked at least 1250 hours at a work place with fifty or more employees within a seventy-five mile radius) up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
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| 6. How does a person file a complaint? |
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Any person claiming
to be aggrieved by a discriminatory practice or act contrary to
the Human Rights Ordinance may file a complaint with the Columbus
Human Rights Ordinance at no charge. The complaint must be filed
within 90 days of the alleged discriminatory act, or for housing
discrimination complaints, within 180 days of the alleged discrimination.
A person wishing to file a complaint should call or visit the Human
Rights Commission office to schedule an appointment:Columbus Human Rights Commission |
| 7. What services does the Commission provide local employers, landlords and schools? |
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| The Human Rights
Commission provides general technical assistance to area businesses
and schools who are trying to comply with the Human Rights Ordinance.
The staff makes every effort to answer your questions with regard
to compliance, and we have a wealth of resources at the Commission
office which are available to you at no charge. Simply call the
Commission office or stop by to set up an appointment to speak
to a staff person, or use our resources. The Commission also has
resources and training materials specifically for schoolchildren,
which can be checked out of the office at no charge. Commissioners
and staff also
can speak or provide training on site in Columbus. Some past trainings
provided to area businesses and schools include: Anti-Harassment
Training for the Workplace; Anti-Harassment Training for the Classroom;
Anti-Harassment Training for Landlords and Land Management Companies;
Discrimination Issues and Challenges for Employers; How to Hire,
Promote and Fire Without Getting the Employment Discrimination
Blues; and Documenting Discipline. The Commission is able to provide
technical assistance only and the trainings and information provided
should not be considered legal advice. |
| 8. What process does the Commission use to investigate a complaint of discrimination? |
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| A complaint
of discrimination is not a lawsuit, but will be given serious attention
by the Human Rights Commission. The Commission does not represent
either side, and will investigate the complaint in a fair, impartial
manner. At all times, the burden of proof rests with the Complainant
to show that discrimination occurred. All complaints are fully
investigated and the position of each side is given thorough consideration.
At the close of the investigation, a finding will be made in favor
of either the Complainant or the Respondent. At any time in the
process, the two sides may reach a settlement. Investigation: After the complaint is filed, the investigator will collect and summarize the facts. He or she must collect the BEST evidence available for each side. Thus you may be asked to supply documents which support your position. The investigator may seek information to compare the treatment given the Complainant to treatment given others similarly situated. Your lawyer is welcome to participate in the investigation, but a lawyer is not required. Determination by Chairperson and Director: After the investigation is finished, the investigator presents the facts and recommendations to the Chairperson and Director, who review the material and make a determination of Probable Cause or No Probable Cause that an illegal act of discrimination did occur. The Complainant has fifteen (15) days to ask for reconsideration of a No Probable Cause finding by the Commission. A finding of Probable Cause is not the final decision, but is a finding that a discriminatory act may have been committed. If a decision of Probable Cause is made, both sides are given the chance through negotiations to find a solution that both parties find satisfactory. Conciliation: If Probable Cause is found in a case, a formal attempt at resolving the case will be made. The parties are given the chance to compromise their differences with negotiations through a Commissioner. This process is called conciliation. The type and amount of damages available to the Complainant depend on the type of case. Only in housing cases may punitive damages be awarded. If the Respondent proposes a Conciliation Agreement, which the Commission feels is satisfactory, the Complainant will be notified, and will have ten (10) days after that notice to sign the proposed Agreement. If at the end of the ten (10) days the Complainant has not signed the proposed Conciliation Agreement, the complaint will be dismissed. If settlement is achieved, a written Conciliation Agreement will be issued for signatures by all parties. When approved, a Conciliation Agreement has the same effect as a Final Order. Public Hearing: If conciliation fails, the case is heard at a formal Public Hearing. The burden of proof is on the Complainant. A designated Hearing Officer presides at the Public Hearing. Final Order: A Final Order by the Commission is binding. Either party may seek judicial review within fifteen (15) days. Remedies: If the Commission finds discrimination, a Final Order may include a Cease and Desist Order and require further remedies that will eliminate discrimination. This might include reinstatement to a job, monetary relief where evidence showed that there was some resulting loss, making a house or apartment available and validating selection devices. |
| 9. What are a Complainant’s rights and responsibilities? |
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You have the
right: |
| 10. What are a Respondent’s rights and responsibilities? |
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If a charge is filed, you have a right:
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© 2002 City of Columbus