IDAHO CONFERENCE ON REFUGEES: PAST, PRESENT, AND POSSIBILITIES FEBRUARY 4, 2013 PAMELA PARKS, ADMINISTRATOR IDAHO HUMAN RIGHTS COMMISSION HUMAN RIGHTS COMMISSION

CIVIL RIGHTS MOVEMENT March on Washington For Jobs and Freedom August 28, 1963

Civil Rights Act of 1964 Signed into law by President Lyndon B. Johnson on July 2, 1964

1968 in Idaho On April 4, 1968, Dr. Martin Luther King, Jr. was assassinated in Memphis, Tennessee Idaho refused to fly the flags half-staff in honor of Dr. King until his internment. Protests were held on the Idaho Statehouse steps.

Idaho Civil Rights Act 1969: Then State Senator Phil Batt introduced legislation establishing the Idaho Human Rights Act, and Idaho’s law passed. The Act establishes the Commission as the agency that enforces the civil rights laws in Idaho. Also gives the state the ability to enforce the federal civil rights Laws in Idaho.

WOMEN’S FIRSTS Prototype of Sir Basil’s Drive-In Restaurant, 1965, Ogden, Utah Supreme Court Justice Sandra Day O’Connor 1981 Dr. Sally K. Ride First American Woman in Space 1983

IHRC and the EEOC State and Federal Laws Enforced Worksharing agreement between the Human Rights Commission and the Equal Employment Opportunity Commission. Idaho Statute: Idaho Human Rights Act (IHRA): covers employers with 5 employees Timeline for filing – 365 days Federal Statutes: Title VII Civil Rights Act of 1964 (15 employees) Americans with Disabilities Act (ADA) (15 employees) Age Discrimination in Employment Act (ADEA) (20 employees) Timeline for filing – 300 days

Total Cases Filed

ALL BASIS FILED UNDER STATE AND FEDERAL LAWS IN IDAHO

ISSUES MOST FREQUENTLY RAISED IN ADMINISTRATIVE CASE S

HUMAN RIGHTS COMMISSION RETALIATION ACROSS ALL BASES: It is illegal to fire, demote, harass, or otherwise “retaliate” against people because they complained about discrimination, filed a charge, or participated in a proceeding. 124 claims filed in FY % of all claims in FY2012

SEX BASED CLAIMS

HARASSMENT SEXUAL HARASSMENT: is unwelcome sexual conduct such as touching, sexual comments, jokes, displays of pornographic materials, or more egregious acts. HARASSMENT BASED ON SEX, RACE, COLOR, RELIGION, NATIONAL ORIGIN, DISABILITY, OR AGE: is unwelcome conduct based on one of these characteristics such as offensive, disparaging names and slurs, derogatory remarks. CONDUCT MUST BE: unwelcome and severe and pervasive enough to interfere with an employees' job.

FLOW CHART A charge goes through several steps to reach resolution

COMPLAINT RESOLUTION PROCEDURE INTAKE Complainant contacts the commission and a charge is filed. Commission staff will assist in drafting a charge of discrimination. Respondent is notified and has 30 days to answer the charge. The Respondent’s response is sent to the Complainant for a rebuttal statement.

MEDIATION Parties are invited to mediation  Voluntary  Both parties must agree to mediate Two senior investigators who are mediators Mediators will  Invite, empower, brainstorm, work to resolve hostilities, and encourage respect Can result in  No–fault settlement  If mediation is not successful, the case usually gets reassigned to an investigator.

INVESTIGATION Civil Rights Investigator Is neutral  Always two sides to every story – investigator’s job is to sort out the positions and to evaluate the evidence. Evidence  Fact based, evidence based process  It is how the parties prove their positions  Willingness by the parties to cooperate sets the tone  If evidence from either party is denied, we wonder why Evaluates and prepares report for Commissioners  Determines if evidence is relevant and reliable

INVESTIGATIVE REPORT Report answers the questions:  Was there a harm?  Does the person have standing in a covered bases?  Does the evidence show that the harm was because of a person’s race, sex, color, religion, national origin, disability, or age? Makes a recommendation to the Commissioners  Either probable cause or no probable cause  No probable cause: means the evidence failed to support a finding that discrimination occurred – burden of proof on Complainant  Probable cause: means that it was more likely than not that discrimination occurred

The Commissioners Nine members Appointed by the Governor with advice and consent of the senate Appointed to attain a broad representation of the diversity of individuals who comprise the population of Idaho. Current commissioners reside in Idaho Falls, Twin Falls, Mountain Home, Hayden Lake, Caldwell, and Boise. Serve 3 year terms.

The DECISION Is made by the Commissioners No Probable Cause  Case is dismissed and Complainant issued notice of right to sue Probable Cause  Back to the Senior Investigators to try to conciliate  If conciliation is successful, then case closed  If unsuccessful: Litigation  Commissioners make decision as to whether to litigate  If not, Complainant issued notice of right to sue and has 90 days to file in district court. In 2012, in Idaho benefits to complainants, including monetary and non-monetary totaled $816,361. The commission also does training on the human rights laws.

HUMAN RIGHTS COMMISSION CALL US: 208/ WEBSITE: humanrights.idaho.gov “Laws only declare rights. They do not deliver them.” Dr. Martin Luther King, Jr.