‘General’s now to File a charge with the uni: BY Sam Abel-Palmer Vermont law prohibits dis- crimination based on sexual orientation — as well as other categories that include hous- ing, public accommodations, and employment. That means you can’t be denied a service by a store or restaurant, refused ' a rental opportunity, fired from ajob, harassed in a school, by a landlord or by an employer because of your sexual orienta- tion, actual or perceived. If you feel that you have experienced discrimination and want to do something about it, you have several options. You can hire an attorney and "file a lawsuit. You can approach an advocacy group, such as the ACLU or Vermont Tenant’s Association. .Or you can ask the Vermont Human Rights Commission to investigate. The Human Rights Commission investigates charges of discrimination in housing, public accommoda- tions, and state government employment. (The Civil Rights division of the Attorney office handles charges of employment dis- crimination involving private employers.) We investigate ' chargesiof unlawful discrimi- nationgbased on sexual orienta- tion, ‘race, color, national’ ori- gin, sex, religion, disability, and several other categories. ’ We work, whenever possible,- settlement__ to J facilitate a between conflicting parties. When settlement is not ‘possi- ble, we determine, based on available evidence, whether or not there are reasonable grounds to believe that illegal discrimination occurred. Here’s how the process works. Filillu I Gllallle If you feel that someone has discriminated against you, call the Human Rights Commission at 802-828-2480 or toll free in-' state at 800-416-2010. A mem- ber of the staff will ask you to describe what happened and why you feel that the event was motivated by your sexual ori- entation (or other protected sta- tus). For example, you might state that you had a verbal agreement with a landlord to rent an apartment; when the landlord found out you were living with someone of the same sex, he suddenly told you that the apartment was no longer available but then rent- ed the apartment to a straight couple the next week. The HRC staff will then determine whether your com- plaint states a “Prima Facie Case”; in other words, whether it presents basic evidence of illegal discrimination. If it does, you will work with the HRC’s Case Manager to draft a formal charge that you must then sign in front of a notary. At that point, you have official- ly filed a charge. of discrimina- tion, and you become the Charging Party. The charge is then sent to the person you accuse of dis- crimination, now called the Responding Party. The Responding Party is then asked to file a written response to the charge. When the Commission receives the response, the Case Manager will usually ask some follow-up questions in order to get more background informa- tion. The case is then assigned to an investigator. You don’t need to hire an attorney to file a charge with the HRC. We will, however, be happy to work with an attorney or any other advocate or repre- sentative that you choose. Invastioation _ . An investigator from th HRC staff will contact you to set up an interview to discuss -the details of the case. The investigator will ask for copies of any relevant documents and for the names of witnesses. The investigator will then interview the Responding Party and the witnesses. When all information about the case has been gathered, the investigator writes' a report. The report summarizes the facts of the case and analyzes the available evidence to deter- mine whether it meets the stan- dards ofiiflegal ‘di§c‘r”1r”r1TrTat1“o‘n as defined by the courts. If the HRC staff determines that the evidence . is sufficient, the report will recommend that the Commission find that there are reasonable grounds to believe that illegal discrimination occurred. If the evidence is insufiicient, the report will rec- ommend that the Commission find that there are no reason- able grounds. ‘ The completed report then goes to both parties who have a chance to respond to it in writ- ing and to comment on any-. thing they feel is wrong or was omitted. The Charging Party has the “burden of proof.” In other words, in order for you to pre- vail, the investigator must uncover enough evidenceto support your claim. If it’s your word against someone else’s, or if the Responding Party can show they ‘ had a legitimate non-discriminatory reason for their behavior, the investigator may have to conclude that there is insufficient evidence to find reasonable grounds to believe that discrimination took place. ' During the investigation the HRC will not release informa- tion about the case to anyone other than the parties involved. Both the Charging Party and the Responding Party have the right to view the contents of an investigative file during the investigation. In some situa- tions, witnesses’ names can be kept confidential. Mediation and SBHIEIIIBIII The HRC encourages opposing parties to engage in mediation to resolve their dis- putes. If both the Charging Party and the Responding Party agree to participate in mediation, the HRC will pro- ' vide an independent profes- sional mediator at no charge to either party. If mediation suc- ceeds, the HRC will draw up a settlement agreement and both parties will sign it. The HRC then monitors the agreement to make sure its terms are com- pleted successfully. If media- tion fails,-the HRC resumes its investigation. Even without a mediator, either party may make a settle- ment offer at any time in the process. The HRC will facili- tate settlement negotiations between the parties. As with mediation, if the parties come to a settlement agreement before the investigation ends, ' ‘ the HRC will draft a settlement agreement and monitor com- pliance. IIBSIIIIIIIIIII ‘’ If the parties don’t settle before the investigation is completed, the investigative report goes to the five "C“ommissioners,-~who~‘ - appointed by the governor. The Commissioners meet once . a month to review. cases. Before the meeting, the Commissioners read the report and the written responses from both sides. When the Commission meets, both par- ties have a chance to appear in person or by telephone at the meeting. The Commissioners ’ask questions of "both parties and then meet in Executive Session to make a final deter- mination, either that there are or are not reasonable grounds to believe that illegal discrimi- nation occurred. If the Commission finds “No Reasonable Grounds,” the case is closed and the file remains confidential. If the Commission finds “Reasonable Grounds,” then the Final Determination becomes a public document. The Commission will then attempt to facilitate. a settle"- ment between the parties. If no settlement is reached, the Commissioners may then decide to file a lawsuit in the ‘case. Please take note that the Human Rights'Commission is not a victim’s advocate group. We normally can’t step in to stop discrimination. as it. is March 2001 | Out in the Mountains |9 Twenty Years Working for Gay and Lesbian Equality occurring. The Commission does not represent either side in the dispute; our job is to con- duct an impartial investigation, and to determine whether ille- gal discrimination actually happened or not. If the - Commission finds that illegal discrimination did happen, then we will represent you in settlement negotiations with the Responding Party and, if that fails, we may seek dam- ages against the Responding Party in a lawsuit. Vermont has very strong civil rights laws, but the laws only work when they are enforced. Unlike criminal law _ nobody is out patrolling the streets to enforce anti-discrimi- nation laws. The Human Rights Commission relies on reports of violations from peo- ple who are affected by dis- crimination. Help us to protect your legally guaranteed rights. Sam Abel-Palmer. is an investigator for the Vermont Human Rights Commission. He also teaches evening cours- es through the University of Vermont is Division of Continuing Education. He lives in Shelburne with his hus- band, Craig, their two sons, Joey and Jacob, and their cat, Tadzio. . .1’: .. 1.‘i-§o1“v}- -1.‘: v,.... 4 3. I 1 I I 3 2 4,. 4 4 ‘i I 4 vi 1 J 1. t 1' § 3 : E V I 4 i l 5 ( I 4 3 4 Q I . . 1 l ’.