North Dakota Human Rights Coalition

Working to effect change so that all people in North Dakota enjoy full human rights

 

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September 6, 2002

 

NDHRC Contacts – This is information from Mark Bachmeier’s presentation to the Fargo Human Relations Commission on Wed., Sept. 4. Questions were asked of Mark Bachmeier by FHRC members after Mark Bachmeier’s presentation on in-person complaint processing in Fargo.

 

Yoke Sim Gunaratne asked about the human rights survey in North Dakota. Mr. Bachmeier answered that the survey is in his hands it will be presented to the public as soon as possible.

 

Overall, eleven complaints are currently under investigation from the prohibited discrimination areas added by the 2001 legislation (i.e., public accommodations & public services). Mr. Bachmeier stated that most new complaints are regarding accessibility for people with disabilities in public accommodation.

 

8 or 9 additional intakes did not result in formally filed complaints (mostly on jurisdictional issues so the DOL couldn't accept the complaints, the 2001 legislation was retroactive & the discrimination had to occur after Aug., 2001).

One settlement was negotiated that involved public services/accommodations.

 

There are increasing numbers of housing discrimination complaints, averaging about three new formally filed complaints per month. Equal employment complaints are the highest, historically the Department has averaged about eight complaints per month. Lately, it has been more like twelve. There are about 24 or 25 currently under investigation & that generally is the case from month to month.

 

Cheryl Bergian asked about the backlog. Mr. Bachmeier answered that addressing the backlog is a slow gradual and historical process. Efforts are being made to get more staff to take care of it and the Mr. Bachmeier is confident that the Department has turned the corner.

 

Ms. Bergian asked about any probable cause findings. Mr. Bachmeier answered that there has been one possible probable cause finding in the area of housing that is under review by the attorney general's office.

 

Ms. Bergian also asked about the new computer system that would permit telephone intake instead of the current filling-out-of-complaint intake process. Mr. Bachmeier answered that computer software is in the works and the initial piece that is being used now is a contact system that will record information from initial contact to complaint filing through the investigation process. Stage 2 is the actual intake of the complaint, which will include telephone intakes; that is very close to implementation. Generation of complaints the third stage in the case management software.

 

Yoke Sim Gunatratne asked if any cases were filed after or because of September 11. Mr. Bachmeier answered not really and for a couple of reasons. One, hate crimes are not necessarily covered under the ND Human Rights Act.

 

Two, the Department started work in its updated capacity at the end of August 2002. There was nothing really detectable that Mr. Bachmeier could point to. He will look into it.

 

On another note, Mark Bachmeier stated in his introduction of Kathy Kulesa to the Fargo Human Relations Comm'n that Ms. Kulesa would have overall responsibility for case management, everything from intake through completion of cases.

 

Cheryl Bergian
Director
 

North Dakota Human Rights Coalition
P.O. Box 1961
Fargo, ND 58107-1961
(701) 239-9323
(701) 478-4452 (fax)
cherylbergian@ndhrc.org

 

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