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What is the
Fairfax County Human Rights Commission?
The Human Rights Commission was formed
as a result of the adoption of the Human Rights Ordinance. What
does the Human Rights Ordinance do?
The Human Rights Commission serves as
a resource for individuals on both sides of a complaint. Can
you elaborate on that?
Does an individual have to go in person
to the Human Rights Commission in order to file a complaint?
What happens after someone files a complaint?
What happens in a public hearing?
What happens if the Commission decides
that the Ordinance has been violated?
How long does it take to investigate
a complaint that is filed under the Ordinance?
Are there instances where filing a complaint
under the Human Rights Ordinance affects federal or state claims?
Although the Commission is a County
agency, its main focus is on the private sector. Why is that?
The Human Rights Commission members
ensure that the Ordinance is upheld here in Fairfax County.
How long do they serve? What special skills or experience is
needed to serve on the commission?
When and where does the Human Rights
Commission meet?
Can my company get someone to lead
an informational seminar on compliance with the Ordinance and
similar civil rights laws?
Can my orgainzation get a speaker to
talk to us about the work of the Human Rights Commission and
the Human Rights Ordinance?
The Human Rights Commission was created by the Fairfax County
Human Rights Ordinance and consists of 12 county residents appointed
by the Board of Supervisors. The Commission is charged with
eliminating discrimination in housing, public accommodation,
employment, education and credit facilities by utilizing its
enforcement powers under the Ordinance.
The Commission takes the approach of not only receiving and
investigating complaints alleging a violation of the Human Rights
Ordinance, but also of cooperating with the employers, the housing
industry and other businesses in the County to make sure we
all understand our duty to ensure equal opportunity and equal
access.
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The Human Rights Ordinance prohibits discrimination in employment,
housing, public accommodations, education and credit facilities
in the private sector because of race, sex, age, national origin,
religion, color, disability, marital status and familial status.
Familial status refers to the status of being a family with
children under the age of 18, and applies only to housing.
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The Ordinance protects the rights of citizens and visitors
to the County in that it allows for a person to file a complaint
alleging a violation of the Ordinance with the Commission and
have that complaint investigated by the Executive Director and
staff. The Commission hears appeals and conducts public hearings
to determine if the Ordinance has been violated.
The Commission also serves as a resource for those who provide
employment, housing, public accommodations, education or credit
facilities by having the staff available to help them understand
their responsibilities under the Ordinance and what to do if
a complaint is filed against them. The staff offers seminars
and workshops on fair employment and fair housing. Just call
the Executive Director if there is a need for information. It
is important to remember that the Commission is here to enforce
the Ordinance, not to take sides in a dispute.
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No, an individual can file a complaint over the phone or through
the mail. You may file a complaint by calling the Commission
phone numbers listed below and simply inform us that you want
to file a complaint.
(703) 324-2953
(703) 324-2900 (TTY)
(703) 324-3570 (FAX)
A Human Rights Specialist will listen to you and formulate
a complaint for you to sign. You do not need an attorney to
file a complaint, but you may consult with one if you wish.
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A letter notifying the respondent that a complaint has been
filed is prepared and sent, including a copy of the complaint
and a request for information, or "RFI". The respondent
is given four to six weeks to respond to the request. If they
respond appropriately, the investigator assesses the response
and determines if any more information is necessary, such as
interviews with witnesses, copies of documents, a site visit,
etc. If the respondent does not respond to the RFI, then the
matter is referred to the County Attorney's office to seek approval
of the Board of Supervisors to file in court for a subpoena
to get the information needed to complete the investigation.
After all of the necessary information is gathered, it is analyzed
by the staff to determine if there is reasonable ground to believe
that the Ordinance has been violated.
If the staff does not find a reason to believe that the Ordinance
was violated as alleged, the complainant is notified by letter
of the finding and given a chance to appeal to the Commission.
If appealed, the Commission hears the appeal and decides whether
to uphold the staff's finding or refer the matter back to the
staff for more investigation, or conduct a public hearing in
the case.
If the staff finds a reason to believe that the Ordinance has
been violated, the respondent is notified of the reason by letter
and given the opportunity to conciliate the matter. If the respondent
chooses not to conciliate, then the case is referred to the
Commission for a public hearing. After the public hearing, the
Commission will decide if it believes the Ordinance has been
violated and notify the parties of its decision.
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It is much like you would imagine a court case to proceed.
Both parties attend a pre-hearing conference to stipulate to
evidence, list witnesses, and point out those items in dispute.
During the hearing, both sides give opening statements, the
complainant presents his or her case first and is cross examined
by the respondent and the Commissioners and then the respondent
presents its case and is cross examined. Then both parties present
closing arguments. After this, the Commission deliberates until
it reaches a decision in the case.
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The Commission notifies the parties of its decision and gives
them four weeks to see if the matter can be settled with the
help of the staff. If so, a conciliation agreement is drawn
up and signed by both parties and the Commission. If not, the
matter is referred to the County Attorney to seek the approval
of the Board of Supervisors to file a claim in court alleging
a violation of the Ordinance by the respondent. So far we have
not taken a respondent in the County to court for a violation
of the ordinance. Most of these cases get settled, and those
that do not are taken to federal court by the complainant.
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It took an average of 372 days to resolve complaints in FY
1997. In FY 1999 it took an average of 423 days to resolve complaints.
The goal for FY 2000 is to resolve complaints in an average
of 393 days and continue in the years to come toward a goal
of 270 days.
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Yes, especially with regard to employment claims. If you file
in Fairfax County your case is filed with the U. S. Equal Employment
Opportunity Commission (EEOC) if your allegation is also jurisdictional
under Title VII of The Civil Rights Act of 1964, as amended;
the Age Discrimination in Employment Act, as amended; and/or
the Americans with Disabilities Act.
At present, this is not so for housing cases. But this may
change in the near future as the Commission is currently seeking
to change the Human Rights Ordinance so that it is substantially
equivalent to the federal fair housing law and allows for local
cases of housing discrimination to be crossfiled with the U.
S. Department of Housing and Urban Development.
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The County has chosen not to enter into any conflicts of interest
by investigating and having the final say over allegations that
it has violated the civil or human rights of its constituents.
There are federal and state agencies that prohibit discrimination
in local government employment and services and those agencies
receive and investigate allegations of discrimination in those
areas. The Ordinance covers only private employers, housing
providers, credit facilities, private businesses doing business
with the public and private education providers.
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It's a 12-member board appointed by the Board of Supervisors.
There is one representative on the Commission for each Supervisor's
District. Each member serves a three-year term. Three positions
are appointed by the Chairman of the BOS. Annually, the Commissioners
elect a Chairperson, a Vice-Chairperson and a Secretary as officers
of the Commission. We have had lawyers, managers, chemists,
librarians, community activists, clergy and other professionals
serve on the Commission.
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The Commission meets the first and third Wednesday of every
month, and these meetings are open to the public. Appeals heard
by the Commission are part of an active investigation and are
not open to the public. Public hearings, of course, are open
to the public.
The meetings take place in the Fairfax County Government Center
in Rooms 9 & 10 at 7:30 PM.
If the number of appeals is especially high on any given month,
the Commission will often schedule a third meeting in order
to cover all of the cases to be heard.
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Yes. Call the Executive Director at 703-324-2953 to discuss
your needs and schedule a seminar.
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Yes. Call the Executive Director at 703-324-2953 to discuss
your needs and schedule a seminar.
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