NDHRC Request to Governor Hoeven

June 23, 2003

Governor John Hoeven

Dept. 101

600 E. Boulevard Avenue

Bismarck, ND 58505-0001

RE: North Dakota Human Rights Coalition requests

Dear Governor Hoeven:

I am writing on behalf of the North Dakota Human Rights Coalition to follow up on the requests made to Labor Commissioner Mark Bachmeier over the past two years and the letter sent to you on December 27, 2002. Duane Houdek assured me during the legislative session that there would be a written response regarding these requests. None has been forthcoming from Labor Commissioner Bachmeier since his correspondence dated August 2, 2002. A complete record of correspondence between the North Dakota Human Rights Coalition and Commissioner Bachmeier since June, 2001 is enclosed.

The North Dakota Human Rights Coalition Board of Directors requests a meeting with you regarding the following requests. It is my understanding from a Forum article after the legislative session that you would have supported the legislation creating a North Dakota Commission on Human Rights; we believe that the advisory committee we have proposed would fulfill some of the needs that that legislation would have.

The following is a review of the requests made to the Labor Commissioner by the North Dakota Human Rights Coalition and the correspondence enclosed:

(1) The NDHRC first requested in June, 2001 that an Advisory Committee to the Division of Human Rights in the Department of Labor be established. A comprehensive proposal regarding the intent, function and composition of that Advisory Committee was submitted to the Department of Labor in February, 2002. There were also letters reiterating this request from the North Dakota Human Rights Coalition in November, 2001, February, 2002, July, 2002 and October 3, 2002, and in a meeting of the North Dakota Human Rights Coalition with Labor Commissioner Bachmeier regarding this request and other matters in December, 2001.

It is the belief of the North Dakota Human Rights Coalition that an Advisory Committee is vital to the administration of human rights enforcement by the State of North Dakota. The Department of Labor’s 2001 Public Perception Study of Discrimination in North Dakota provided information to the Division of Human Rights that more than half of the Native Americans surveyed and more than half of the “Non-White” color grouping felt that they had experienced discrimination in North Dakota. We note that this survey was conducted by telephone and that a higher percentage of Native Americans and people of color in North Dakota do not have telephones. We believe that had people without telephones been surveyed, that the percentage indicating that they have experienced discrimination would be even higher.

We ask for an Advisory Committee because there distinct subgroups of people in our population, including Native Americans, people of color, people from other countries, and people with disabilities who, because of their identity, are more likely to be subjected to acts of discrimination. We ask for an Advisory Committee so that the Division of Human Rights is more able to address issues of discrimination within North Dakota, to address barriers to access to the Division of Human Rights, and to assist the Division of Human Rights in educating the public regarding discrimination in North Dakota.

Our request in June, 2001 identified the establishment of the Advisory Committee as the first priority and we believe that creation of that Advisory Committee should be addressed without further delay.

(2) The NDHRC also asked in June, 2001, and subsequently as listed above, that criteria for the determination of probable (reasonable) cause be established for public review and comment and use by the Division of Human Rights within the Department of Labor. This request was further discussed in the letters and meeting outlined above. It is our understanding that Labor Commissioner Bachmeier intends to promulgate these regulations and has been in the process of gathering information regarding the drafting of those regulations for at least a year. As part of the promulgation of this criteria, we asked that the Department of Labor establish a policy of making a determination of probable cause or no-probable cause on all human rights complaints filed with the Department of Labor, as required by state statute and outlined in the correspondence listed above. While we understand the Department of Labor's policy of encouraging settlement, the statutory requirement cannot be disregarded; in fact, complying with the statute will enhance the settlement prospects of complaints, as the complainant and respondent would have better information regarding the substantive merits of the complaint at a stage of the process that would enhance settlement prospects.

We also ask that a civil (as opposed to criminal) probable cause standard be adopted, as outlined in our letter dated November 25, 2001. We reiterate the reasons in that letter for our position regarding the efficacy and statutory requirement for a determination of probable cause or no-probable cause to be made regarding all complaints filed. We note that the Equal Employment Opportunity Commission is charged with this same requirement and ask that a timeframe for the promulgation of these regulations be identified.

We understand from Labor Commissioner Bachmeier that the staffing levels of the Department of Labor have contributed to the pace of progress on the requests. However, we believe that these requests must be addressed and fulfilled for the Division of Human Rights within the Department of Labor to appropriately address violations of the North Dakota Human Rights Act.

The North Dakota Human Rights Coalition Board of Directors is willing to accommodate your schedule as your travel brings you to the Fargo area or will travel to Bismarck to meet with you.