PROCESSING A CHARGE
"It is the public policy of the City of
South Bend to provide all of its citizens equal opportunity
for education, employment access to public conveniences
and accommodations, and acquisition through purchase
or rental of real property including but not limited
to housing, and to eliminate segregation or separation
based solely on race, religion, color sex, disability,
nation origin, or ancestry."
In South Bend, Indiana, DISCRIMINATION
is ILLEGAL. It is against the law to deny employment,
housing, education, or public service because of a
person's race, sex, color, religion, national origin,
ancestry, disability and in housing familial status.
The local anti-discrimination law is enforced by the
South Bend Human Rights Commission.
Jurisdiction
The jurisdictional requirements of the
SBHRC are:
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.
Respondents include employers (private
or public,) employment agencies, labor organizations,
educational institutions, places of public accommodation,
landlords, real estate agencies, lending institutions,
or insurance companies.
The Commission's procedure to adjudicate
a charge is an administrative one, not a criminal
one.
A Commission staff will hear the complaint,
determine whether it is within the Commission's jurisdiction,
draft the wording of the charge, and prepare it in
legal form for Charging Party's review, approval,
and notarized signature.
The Charge will receive a docket number
and will be investigated by an assigned staff member
who will keep the parties advised of the progress
of the case.
The Investigation
The Staff Investigator:
1) May interview both Charging Party,
Respondent, and other witnesses;
2) Must have access to pertinent records or documents;
3) May make an on-site investigation of Respondent's
facilities and operations, and;
4) Must have cooperation and know Charging Party's
whereabouts at all times.
The investigator recommends a finding,
based on the facts obtained, to the Commission members
at a regular Commission meeting. The Commissioners
make the final decision and may find:
No Probable Cause…and move to dismiss
the charge; or,
Probable Cause…and act to correct the
discriminatory practice and its effects.
The Conciliation
If the investigation substantiates the
charges, then the Respondent is asked to:
1) Cease and desist from the specific
discriminatory act or practice;
2) Implement whatever actions, programs, or compensation
the Commission deems necessary to end discrimination.
The Pubic Hearing
When the charges are not successfully
resolved during the conciliation, the Commission may
convene a public hearing, at which testimony under
oath is heart, a decision rendered, and a legally
enforceable order issued. Respondent and Charging
Party have the right to appeal this Order to the Circuit
or Superior Court.
