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Annual Report
Download a printable PDF version. Fiscal Year 2007July 1, 2006 - June 30, 2007 TABLE OF CONTENTS
August 6, 2007 The Honorable John E. Baldacci, Governor State House COMMISSION 51 STATE HOUSE STATION EXECUTIVE DIRECTOR COMMISSION COUNSEL Dear Governor Baldacci, President Edmonds and Speaker Cummings: On behalf of myself, my fellow Commissioners, and staff of the Maine Human Rights Commission, we are pleased to present you with the 2007 Annual Report of the Maine Human Rights Commission. The year 2007 has been a year of change for the commission. Commissioners Aiello & Kessler left the commission during the year and Commissioner Chandler was appointed. As you can see by the following we are up-holding the charge of the Commission, adding additional responsibilities, and most of all handling the challenges to enforce Maine’s anti-discrimination laws. The following lays out much data concerning fulfilling our collective responsibilities.
In addition to the above, the staff and Commissioners have participated in nearly 50 training forums during this time period both providing and receiving the newest information pertinent to our arena. Also, during that time we finalized a new statutory definition of disability that reflects the broad coverage previously used in the Act & adopted rules interpreting the sexual orientation provisions of the statute.
On behalf of the Maine Human Rights Commission and Commissioners Sallie Chandler, James Varner and Jadine O’Brien, we pledge our continued commitment to the promotion of diversity, tolerance, and to ensuring basic human rights for all Maine citizens and visitors to our wonderful State. We certainly look forward to the continuing relationship with the Executive and Legislative branches to assure the citizens of Maine the basic protections afforded under the Maine Human Rights Act. Sincerely,
Paul K. Vestal Chairman of Maine Human Rights Commission
The Maine Human Rights Commission is the State agency charged with the responsibility of enforcing Maine’s anti-discrimination laws. The Commission investigates complaints of unlawful discrimination in employment, housing, education, access to public accommodations, extension of credit, and offensive names. The Commission attempts to resolve complaints of discrimination to the mutual satisfaction of those who are involved. The Maine Human Rights Act authorizes the Commission to pursue remedies for unlawful discrimination in Court when necessary to enforce the Act. The Commission was established in 1971 and has jurisdiction over allegations of discrimination in the following areas:
Below is a timeline of some of the most significant additions to the Maine Human Rights Act. 1972 Race, Color, National Origin, Ancestry, Religion, Age 1973 Sex, Marital Status (Credit) 1974 Physical Disability 1975 Mental Disability, Source of Income (Housing) 1979 Pregnancy 1981 Familial Status (Housing) 1987 Worker’s Comp Retaliation (Employment) 1988 Whistleblower’s Retaliation (Employment) 1998 Genetic Pre-Disposition 2005 Sexual Orientation Commission policy is formulated by five Commissioners appointed by the Governor for staggered five year terms. Commissioners make the final finding on all charges of discrimination investigated by the Commission staff and not settled or administratively dismissed. The Governor designates the Chair of the Commission from among its members. Section 4566 of the Maine Human Rights Act outlines the powers and duties of the Commission. These are summarized as follows:
STAFFING AND BUDGETThe Commission appoints an Executive Director. The Executive Director in turn has the authority to appoint and supervise the Commission’s staff. The Commission has four major divisions. InvestigationThe Investigation Division is responsible for all aspects of case processing from determining whether or not allegations are legally sufficient to constitute a charge of discrimination within the jurisdiction of the Maine Human Rights Act, to issuing Investigator’s Reports which analyze facts and apply the law of discrimination and relevant Court decisions and recommending specific findings to the Commission. ComplianceThe Compliance Division is responsible for all settlement efforts of the agency. The Division has direct responsibility for negotiating conciliation agreements after findings of reasonable grounds and conducting both written and on site monitoring of such agreements to insure that terms are met. The Compliance Officer sets overall negotiation strategy and reviews and monitors pre-determination settlement agreements. This Division also provides technical assistance to employers in reviewing Affirmative Action Plans and personnel policies and is involved in the public education efforts of the Commission. LegalThis division is responsible for litigation activity as well as providing legal advice to the staff and Commission. The Commission Counsel assures Investigator’s Reports are litigation worthy, provides legal opinions, drafts legislation and proposed regulations, litigates cases and advises the Executive Director on contract matters involving governmental agencies and private parties. AdministrationThe Administration Division is the division responsible for the effective operation of the office. Responsibilities include all personnel functions along with budget and other fiscal duties. Support is provided to other divisions. BudgetThe Maine Human Rights Commission’s fiscal year 2007 budget appropriation was $899,425.00, including $342,831.00 in federal funds from the Equal Employment Opportunity Commission and the U.S. Dept. of Housing & Urban Development. Approximately 84.3% of the agency’s budget was allocated to fixed costs such as salaries and benefits. This is due to the highly personnel intensive nature of the Commission’s work in investigating, resolving, and litigating charges. That means that only 15.7% of the agency’s budget was available for such important functions as litigation support, technology, training and education. CASE ACTIVITYDuring the last fiscal year, 718 new charges were filed, which represents a slight increase from the previous year. One thousand and ninety-seven bases were named in the 718 charges, representing more complex investigations in many cases. Six hundred and eighty-seven (687) cases were closed during the same time period. The pending inventory of cases increased by 4.57% by the end of the fiscal year. CASE ACTIVITY FY 1998 - 2007
CHARGES FILEDAs in past years, the Commission continued to devote the majority of its resources during the past fiscal year to the processing of charges of discrimination filed with it.
BASES OF CHARGES FILED – FISCAL YEAR 2007
BASES OF CHARGES FILED FY 1998-2007
SUMMARY OF CHARGES FILED BY AREA OF JURISDICTION: FY 1998– 2007
CHARGES CLOSEDSix hundred and eighty-seven charges of discrimination were investigated and closed during the last fiscal year. This is 21.6% less than the previous year. MERIT CLOSURESMerit closures are closures in which either a determination was made that there were reasonable grounds to believe that unlawful discrimination had occurred, or cases in which the Complainant received some benefit from the Respondent prior to a determination on the merits of the complaint. Merit closures include reasonable grounds determinations, with successful and unsuccessful conciliations; pre-determination settlements; and withdrawals with settlement. During the last fiscal year, there were 236 cases closed which were reasonable grounds cases or which provided benefits to complainants. The Commission encourages voluntary settlement and is willing to work with the parties to achieve a resolution that is acceptable. Cases may be resolved at any time while they are before the Commission by means of a settlement. Settlements can take two forms: 1) a negotiated settlement agreement, and 2) a withdrawal with settlement. Settlement agreements are formal documents prepared by the Commission, signed by both parties and a representative of the Commission. Terms are monitored by the Commission’s Compliance Division. Some parties reach settlements independent of the Commission, and the Complainant chooses to withdraw his or her charge. A withdrawal with settlement may contain all of the terms found in a settlement agreement, but there is no agreement to which the Commission is a party. The Commission does not monitor a withdrawal with settlement. During the last fiscal year, 192 cases were settled prior to a finding by the Commission. The monetary value of these settlements amounted to $1,112,008.00 for Complainants. It should be noted that in addition to monetary awards, settlements typically include provisions that may include the offer of a job or housing unit, modifications providing accessibility, reinstatement, attorney’s fees, cleared personnel records, policy modifications, letters of recommendation, and non-retaliation provisions. Also during this time period there were 28 successful conciliations of the 43 reasonable grounds determinations. The Maine Human Rights Act requires the Commission to undertake formal conciliation efforts in all cases in which it is determined that reasonable grounds exist to believe that unlawful discrimination has occurred. The monetary value of these conciliations was $203,750. Total monetary relief for merit closures was $1,315,758. ADMINISTRATIVE DISMISSALSCases can be administratively dismissed for several reasons prior to a Commission determination. Complainants may choose to withdraw their charge of discrimination. Withdrawals most often occur when the Complainant, after hearing the facts presented by a Respondent at a fact finding conference, or reviewing the Respondent’s written answers to the charge, decides that they do not wish the Commission to continue processing their case any longer. Thirty-nine charges were withdrawn during the last year. Complainants may also obtain Right To Sue letters from the Commission after 180 days from the filing of a charge. If the Commission issues a Right To Sue letter, the case is closed and the Complainant can file a lawsuit in court. Ninety Right To Sue letters were issued in the last fiscal year. Other cases are administratively dismissed by the Executive Director for such reasons as lack of jurisdiction, failure by the Complainant to cooperate with the investigation, or failure by the Complainant to substantiate a complaint. One hundred and twenty cases were closed during the last year for such reasons.
NON-MERIT CLOSURESIn addition to cases closed finding reasonable grounds and/or providing some remedy to the Complainant, and cases administratively dismissed, 203 cases were dismissed after a finding that no reasonable grounds existed to believe that unlawful discrimination had occurred. COMMISSIONER DETERMINATIONSIf a case cannot be settled, the Complainant does not withdraw, or the matter is not administratively dismissed, a report is prepared by the Investigator assigned to the complaint and a recommendation is made to the Commission as to whether reasonable grounds exist to believe that unlawful discrimination occurred. Two hundred and thirty-nine (239 ) cases came before the Commission in fiscal year 2007 for a determination. One hundred and twenty (120) cases had no written objection to the Investigator’s recommendation, and were placed on the Commission’s Consent Agenda. In those cases, Commissioners adopted the recommendation of the Investigator without argument. The Commission found reasonable grounds to believe that unlawful discrimination had occurred in 44 cases, which was 18.4% of the cases they considered. The Commission found no reasonable grounds to believe that unlawful discrimination occurred in 195 cases. Not all cases in which the Commission makes determinations are closed within the same fiscal year. Cases in which the Commissioners find reasonable grounds continue through a conciliation process. The above figures represent cases considered by the Commission in fiscal year 2007. The figures following represent cases actually closed during fiscal year 2007.
TYPES OF CASE CLOSURES A summary of types of case closures in fiscal year 2007 follows:
LITIGATIONThe Maine Human Rights Act authorizes the Commission to file a lawsuit in Superior Court in the name of the Commission, for the use of the Complainant, in cases where reasonable grounds are found to believe that unlawful discrimination has occurred, and where conciliation has failed. The Commission Counsel directs the legal efforts and represents the Commission. During Fiscal Year 2007, the Commission directed Counsel to litigate five cases. Ten cases were resolved that had been referred to Counsel for litigation or monitoring. The Commission was a party in six court cases throughout the year. As of the end of fiscal Year 2007, there were two cases pending in court in which the Commission was a party.
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