City of Elkhart, Indiana

Human Relations Commission

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Welcome to the City of Elkhart's Human Relations Commission. This is a local civil rights enforcement agency where complaints are investigated regarding discrimination in employment, housing, education and public accommodation based on race/color, national origin, ancestry, religion, age, disability, or sex (and familial status for housing only). This commission has jurisdiction over persons, businesses, organizations, labor organizations, and cooperatives located within the corporate limits of the City of Elkhart. For organizations located outside the jurisdiction of this commission, we can assist individuals with the filing of complaints with the Equal Employment Opportunity Commission (E.E.O.C., Federal Agency), the Indiana Civil Rights Commission (I.C.R.C., State Agency), and the United States Department of Housing and Urban Development (HUD, Federal Agency).

The Commission staff is available as a resource to area businesses, organizations, property owners and tenants at no charge. The staff can answer questions related to employment and housing issues and assist in formulating non-discriminatory employment and housing policies and procedures.

Employment

The time limit for filing an employment discrimination complaint with the Human Relations Commission and I.C.R.C. is one-hundred and eighty (180) days from the date the alleged act of discrimination occurred. The time limit for filing with the E.E.O.C. is three-hundred (300) days from the date the alleged act of discrimination occurred; except for filing age discrimination which is one-hundred and eighty (180) days from the date the alleged act of discrimination occurred. You will be asked to provide information that will determine whether your situation meets the legal criteria for filing a complaint of discrimination. If it does not, an explanation will be provided.

If you file a complaint of discrimination with the Human Relations Commission, you may also want to file the same charge with the E.E.O.C. in the case of employment discrimination. If you file a charge with the E.E.O.C. under Title VII of the Civil Rights Act, you have preserved your right to sue the respondent in the United States District Court.

Fair Housing

The time limit for filing a housing discrimination complaint is within one (1) year of the alleged discriminatory housing practice has occurred or terminated, whichever is later. Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, whichever islater, the commission may file the commission's own complaint.

If you file a complaint of discrimination with the Human Relations Commission, your charge will also be filed with the United States Department of Housing and Urban Development (HUD).

If a "No Reasonable Cause" determination is made by the commission, parties have the right as provided in the I.C. 4-21, 5-5, to petition for review within thirty (30) days after the date that the notice of the agency action that is the subject of the petition for judicial review was served.

The Human Relations Commission can recover compensatory or punitive damages in housing discrimination cases when respondent has committed an illegal housing discrimination act.

FEDERAL FAIR HOUSING ACT

The Federal Fair Housing Act of 1968 prohibits discrimination in housing because of race/color, national origin, ancestry, religion, disability, sex or familial status.

The Fair Housing Act prohibits any of the following actions based on race/color, national origin, ancestry, religion, disability, sex or familial status.

Refusing to rent housing
Denying a dwelling
Setting different terms, conditions or privileges for rental of a dwelling
Providing different housing services or facilities
Falsely denying that housing is available for rental or purchase
Refusal to make reasonable accommodations for persons with disabilities

Investigations shall be impartial and limited in each instance to the discriminatory practice alleged in your complaint. Our files are confidential and the information gathered during the course of the investigation remains confidential until such time as a public hearing may be set. This confidentiality applies to both the complainant and the respondent. The investigation will be presented to the director who will review the facts and evidence presented by both sides and issues a determination of "Reasonable Cause" or "No Reasonable Cause" that an alleged act of discrimination may have occurred.

If a "No Reasonable Cause" determination is made, you, the complainant, will be notified of the determination and you will have ten (10) days to make a written request to the commission for a review of the finding of "No Reasonable Cause." If the director finds there is "Reasonable Cause" to believe that an alleged act of discrimination may have taken place, a staff member shall attempt to settle the matter through conciliation. If a staff member is unable to settle a complaint, the commission shall hold a public hearing. A public hearing officer will be appointed and a majority of commission members will be present during a public hearing.

All findings and orders of the commission are subject to judicial review if requested by either party. The City of Elkhart's ordinance governing these matters provides for payment of actual damages to complainant if such damages are found to be suffered. Damages paid as a result of discriminatory practices related to employment shall be limited to lost wages, salaries, commissions, and fringe benefits. Credit shall be given, in appropriate instances, for earnings received elsewhere than from the respondent and complainants must make a good faith effort to mitigate damages.

If you are seeking to recover any other type of damages, you must file your complaint with the E.E.O.C. The Human Relations Commission cannot recover compensatory or punitive damages in employment cases.