Backlogs, Slim Staff Slow Iowa’s Fight Against Discrimination

Hurry up and wait.

Iowans who file discrimination complaints with the Iowa Civil Rights Commission might want to get comfortable with that phrase. It takes four months for the commission to decide whether to investigate a complaint, and nearly 10 months to resolve it, according to state documents.

The commission has made some strides, but, everyone who is familiar with the commission – from its executive director, commissioners and those wanting justice- remain frustrated with the lengthy process.

“It’s too long,” said Ralph Rosenberg, the commission’s executive director. “Some people can get discouraged by how long it takes.”

Bill Proctor, of Des Moines, would agree. The wait is too long and the paper work is too cumbersome for the average citizen, he said.

Proctor filed a complaint with the commission earlier this year about what he feels are discriminatory dress code policies at some West Des Moines nightclubs.

“People are reluctant to file a complaint because they feel nothing will be done,” Proctor said. “When was the last time you heard of the NAACP or Civil Rights Commission doing anything aggressive and active for blacks? Blacks feel like there is no one on their side anymore.”

So just why does it take the commission so long to work through the 2,000 complaints it receives each year? The commission doesn’t have enough staff to investigate the complaints, and not all of the cases warrant investigation, Rosenberg said.

The commission must also deal with a backlog of cases. There were 575 backlogged cases in 1993. Today there are 92, Rosenberg said. That means some older cases were dismissed, which may have upset those who filed the complaints, he said.

“There’s that saying `justice delayed is justice denied,’” Rosenberg said.

And, that’s the last thing Rosenberg, who has been fighting for civil rights for Iowans for more than two decades, wants.

The commission will soon release its annual report, but all indicators show the number of complaints, calls and requests for information are on the rise, Rosenberg said.

Without additional money each year to hire more investigators, the problems plaguing the commission will continue. Some solutions such as using law school students as volunteers and encouraging parties to mediate their problems have helped the commission cope despite a meager budget, he said.

“I want to reduce the duration of cases,” Rosenberg said. “When you have fewer staff, it’s going to take longer to process the case.”

The commission was created to enforce the Iowa Civil Rights Act of 1965. It works to prohibit discrimination in the areas of employment, housing, credit, public accommodations and education.

Discrimination is illegal if based on race, color, creed, national origin, religion, sex, sexual orientation, gender identity, pregnancy, physical disability and mental disability, among other things. 

Residents must first file their discrimination complaints with the commission before a lawsuit can be filed, according to Iowa law.

The commission also works to educate the public and others about the issues. Commissioners hold hearings, try to influence legislators and are involved in the community.

Proctor, a Des Moines high school teacher, said he took fliers about the commission to Creative Visions, a human services agency north of Des Moines. He said he wanted to help educate other blacks about the state agency.

“A lot of blacks feel trapped like it’s a no-win situation. Whites have money, privilege and power, so they duck their heads and go with the flow,” he said. “This is a big problem.”

BUDGET

A budget increase this year allowed the agency to fill a few vacancies. The commission’s annual budget this year from the state is $1.5 million. It was $1.1 million in 2006.

The number of employees fell from 38 in 2001 to 29 in 2006. Meanwhile, the commission received 1,945 complaints last year, compared with 2,097 in 2005.

The budget situation irks Alicia Claypool, who has served on the commission for eight years.

“I’m kind of like not going to take it anymore in terms of funding,” she said. “Agencies in state government like the Civil Rights Commission are not at the top of the ladder like education or economic development.”

That’s a mistake, she contends.

“We have to fight for every dime we get, and yet we have an important role to play in the kind of state that we want.”

More attention must be paid to the value of diversity in the state, she said.

Claypool said the commission’s vision for the state is one where discrimination no longer exists. But, the reality is discrimination is still a problem for Iowa, she said.

“I still think there is just a lot of just basic racism against people of color – especially black people,” she said. “Now, there is a virulent racism against brown people. Especially people from Mexico and people from south of the border. There is a lot of lack of understanding and a lot of fear about what that means to our society. There just needs to be a lot of education on that front.”

COMPLAINTS

The majority of the discrimination complaints the commission receives are about employment and public accommodations and housing, according to commission reports. Complaints must be filed within 180 days of the incident.

The commission gets 150 to 200 complaints a month. During the first 120 days of a complaint, all the parties are notified, and all documents are reviewed. The complaint is screened to determine whether probable cause exists. 

Employees are working to cut the time the complaint is screened from 120 to 60 days. But during that time, the complaint is “just waiting,” Rosenberg said.

Complaints then can go on for further investigation or mediation, or parties can ask for a letter to sue in district court. If probable cause is found, the parties are offered a chance to settle the dispute. If no settlement is reached, the commission, which has an attorney from the attorney general’s office, then becomes an advocate for the person bringing the complaint.

Claypool said if Iowans have questions about an incident they believe is discrimination they should call the commission at 1-800-457-4416 and get confidential assistance. They can describe the situation without disclosing their name or other details.

“You can describe the situation to a qualified person who can hear your story and they can advise you,” about whether or not to fill out a complaint,” she said.

The commission’s web site is http://www.state.ia…..

Proctor said there are many deterrents to filing a complaint. He said some blacks may feel that providing so much personal information is intrusive and that the state is “snooping on them.” He said some people just want to complain and won’t spend the time to complete the complaint form. Others don’t understand the complicated rules of the commission, he said.

“The main reason is that people don’t know the Iowa Civil Rights Commission exists,” he said. “They don’t promote themselves to let people know about them and what they do.”

Claypool, who serves as chairwoman, is familiar with how Iowans feel about the process. She’s heard from hundreds of them at hearings held around the state.

“If they think that’s its going to take a long time for their complaint to be processed, then they say they won’t apply,” she said.

That’s exactly what the commission doesn’t want to happen.

To help the commission improve its efficiency, volunteer law students from Drake University assist on cases and projects. Volunteers from the AmeriCorps Vista program have helped provide administrative support and worked on projects for the commission with local human rights’ agencies.

TRIUMPHS

Claypool said the commission has had much success recently with the passage of civil rights legislation that prohibits discrimination on the basis of sexual orientation and gender identity and anti-bullying laws. It was a highlight for the commissioners, said Claypool.

She said they’ll continue to monitor implementation of the laws. They’ve worked with the Iowa Department of Education and the Iowa Association of School Boards on the issues this summer.

IS IT GONE YET?

Rosenberg and Claypool want Iowans to file even more complaints. Progress has been made fighting discrimination, but more work is needed for certain groups, particularly people with disabilities, he said.

“We still have buildings that are not up to the ADA compliance,” he said, referring to the Americans With Disabilities Act.

That’s why it’s important for the commission to become more efficient at what it does – helping Iowans with their discrimination complaints and educating them to prevent it from happening in the first place.

“Our mission is to end discrimination,” Rosenberg said. “At the same time we’re fighting what’s going on.”

Proctor agrees, but urges the commission to continue to speed those efforts along.

“People don’t like to wait for anything these days, and that includes the Iowa Civil Rights Commission,” he said. “Something needs to be implemented that is swift, to the point and direct. The Iowa Civil Rights Commission needs to be persistent and aggressive.”