Item B: HRC - Recommendations from HR Listening Project

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Austin, Texas Primary Functions of Equal Employment/Fair Housing Office and Staff: This office is charged with enforcing City Ordinance in the areas of Equal Employment, Fair Housing, Public Accommodations Ordinance and the city’s AIDS Ordinance. The office also enforces the following federal statutes: Title VII and Title VIII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA). The EE/FHO is also empowered to take charges, under the Equal Pay Act of 1963 however these charges will be forwarded to Federal EEOC for actual investigation and resolution. Executive Staff Liaison: This person heads the EE/FHO and is also the primary staff support for the Human Rights Commission. They prepare the agenda and do most of the administrative work for the Commission. This person also helps to coordinate the Commission’s public outreach events often in partnership with activities planned by the office. Staff investigators, under guidance and direction from the City Attorney, may conduct investigations including holding public hearings and subpoenaing witnesses to determine if complaints received by the office constitute a violation of City Ordinance. During the investigation, the parties involved may at any time agree to a settlement (No Fault Settlement) that may be negotiated by the Investigator or other staff. If the Investigator finds insufficient evidence to support the claim of discrimination, the Charging Party can make an appeal to the Human Rights Commission. If sufficient evidence is found, a Conciliator will be assigned to the case who attempts to negotiate a settlement and bring the Respondent (person charged with the violation) up to code. Should conciliation fail the case can be forwarded to the City Legal Department for filing with the Municipal Court. According to current staff, most cases are conciliated and never make it to court. City Attorney acts as a consultant for the EE/FHO staff in investigating claims of discrimination. He or she oversees the subpoena process and is available should any case reach the court system. Human Rights Commission: is comprised of 7 commissioners who serve 3 year terms. The Commission serves primarily in an advisory and educational body. They do receive complaints of discrimination but they are forwarded to the Equal Employment/Fair Housing Office for processing. Cases can be appealed to the Commission but only those falling under City Ordinance, not federal statutes. Although in their bylaws they are given the authority to subpoena witnesses and documents and hold public hearings and investigations, this work is done exclusively by the staff of the EE/FHO. The primary focus of the Commission is to advocate for public policy pertaining to emerging issues in the community. They have been particularly vocal on Immigration Legislation and the rights of undocumented persons. To this end they make public statements, produce press releases and lobby City Council. They are most visible for their community outreach efforts and public education programs which are typically done in concert with the EE/FHO. 12 | Page