Human Rights Commmission of South Bend Frequently Asked Questions:

1. How many people currently work in your office?
2. What are the educational and experience backgrounds necessary to apply for a position in your office?
3. How many cases is your office presently involved in?
4. Do you normally process Title VII complaints through state or federal courts?
5. What is the most severe award through your office in the last two years?
6. What procedures do you follow when someone comes to you with a complaint?
7. Do you have any check lists or guides that you use to process a complaint?
8. Do all complaints, even those you feel are unfounded, get followed up on?
9. If charges don’t have merit, how do you close the case?
10. When a person comes to office with a complaint, do you make the complaint prove the case, or is the Commission responsible to disprove the charge?
11. What percentage of discrimination complaints is substantiated?
12. Can a person file a complaint with you without first exhausting the Union’s internal appeal procedures?
13. Do you ask the complainant if they have exhausted the Union’s internal appeal procedures?
14. Does it cost the complainant anything to file a complaint with the EEOC (Equal Employment Opportunity Commission?)
15. Do people normally have a private attorney when they file an EEOC charge?
16. How long does the typical EEOC case take from start to finish?
17. What effect does the ADA (Americans with Disabilities Act) have on your office?
18. Are ADA complaints processed in the same manner as Title VII complaints?
19. Do you have many Union members filing complaints?
20. What is the different between Quid Pro Quo and Hostile Environment sexual harassment cases? Are they processed in the same manner?

ANSWERS

1. How many people currently work in your office?

There are currently eight people: four investigators, one intake staff member, one assistant, one attorney, and the executive director, Mr. Lonnie Douglas.

2. What are the educational and experience backgrounds necessary to apply for a position in your office?

The suitable applicant must demonstrate an avid desire to end discrimination in our community. Business, social service, computer, and also some type of investigative skills are strongly preferred.

3. How many cases is your office presently involved in?

We are currently involved in about 114 cases. However, the average case load at any given time is around 120.

4. Do you normally process Title VII complaints through state or federal courts?

No, we are an administrative agency. Thus, administrative processes are employed instead.

5. What is the most severe award through your office in the last two years?

$45,000.

6. What procedures do you follow when someone comes to you with a complaint?

Please see “Processing a Charge” here.

7. Do you have any check lists or guides that you use to process a complaint?

Charge clearly must be discriminatory treatment based on race, sex, color, religion, national origin, ancestry or disability. Charge must be filed within 90 days of the date of the alleged violation. Respondents (persons or organization filed against) must be within the city limits of South Bend, Indiana. In employment charges, Respondent must have at least six (6) employees.

8. Do all complaints, even those you feel are unfounded, get followed up on?

Yes, if the case is ‘prima facie.’ In other words, the case must be one that at first glance presents sufficient evidence for the plaintiff to win.

9. If charges don’t have merit, how do you close the case?

The case is deemed “No Probable Cause.”

10. When a person comes to office with a complaint, do you make the complaint prove the case, or is the Commission responsible to disprove the charge?

Once we take the charge, the burden of proof lies on the charging party.

11. What percentage of discrimination complaints is substantiated?

To our experience, approximately 10% of such cases are substantiated.

12. Can a person file a complaint with you without first exhausting the Union’s internal appeal procedures?

Yes, an individual does not have to wait in such a case. However, the case must be within the time limited presented in our jurisdiction requirements.

13. Do you ask the complainant if they have exhausted the Union’s internal appeal procedures?

Sometimes, for investigative purposes.

14. Does it cost the complainant anything to file a complaint with the EEOC (Equal Employment Opportunity Commission?)

No. It is free of charge.

15. Do people normally have a private attorney when they file an EEOC charge?

An attorney is not necessary during the investigation because he/she cannot get involved in the process. However, it is perfectly viable if an individual wishes to employ legal advice.

16. How long does the typical EEOC case take from start to finish?

Anywhere from 60 days to 1 year.

17. What effect does the ADA (Americans with Disabilities Act) have on your office?

It has increased the caseload and responsibilities to educate the community for our office.

18. Are ADA complaints processed in the same manner as Title VII complaints?

There are different guidelines, but yes in principle.

19. Do you have many Union members filing complaints?

Yes.

20. What is the different between Quid Pro Quo and Hostile Environment sexual harassment cases? Are they processed in the same manner?

Quo Quid Pro Quo sexual harassment occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment. On the other hand, Hostile Environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences, that is, the person may not lose pay or a promotion. Employers, supervisors, coworkers, customers, or clients can create a hostile work environment.
They are not processed in the same fashion, there are different sets of criteria for each type of case.