CITY OF CHARLOTTESVILLE, VIRGINIA HUMAN RIGHTS COMMISSION & OFFICE OF HUMAN RIGHTS CALENDAR YEAR 2021 ANNUAL REPORT Introduction: The Charlottesville Human Rights Commission, in partnership with the Office of Human Rights, acts as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. The Charlottesville Human Rights Ordinance (Chapter 2, Article XV of the Code of the City of Charlottesville) outlines the roles, duties, and responsibilities of the Human Rights Commission (HRC) and the Office of Human Rights (OHR). Per Sec. 2-433 of the Charlottesville Human Rights Ordinance, following the passage of the amended Ordinance on February 1, 2021, it is the role of the HRC and OHR to: a) Assist individuals who believe they are the victim of an act of unlawful discrimination within the City. b) Collaborate with the public and private sectors for the purpose of providing awareness, education, and guidance on methods to prevent and eliminate discrimination citywide. c) Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the City and advise those bodies on issues related to human rights issues. d) Seek work share agreements with the Equal Employment Opportunity Commission (“FEPA”) and the Department of Housing and Urban Development (“HUD-FHAP”) to conduct investigations of employment and housing discrimination on their behalf, and enter into such agreement(s) subject to approval of City Council upon a finding that the agreement(s) would be in the best interest of the City. e) Make recommendations regarding the City’s annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination. f) Prepare recommendations to policies and procedures the Commission believes are necessary for the performance of the roles, duties and responsibilities assigned to the Commission within this article, and for modifications or operating procedures approved by City Council. As required by Sec. 2-441 of the Charlottesville Human Rights Ordinance, the following report provides an overview of the work of the HRC and OHR during calendar year 2021 (CY2021). Data and information within this report can also be found in the Human Rights Department Scorecard on the City website. 1 Overview: During CY2021, the HRC and OHR resumed many activities that had been limited by the COVID-19 pandemic in 2020. In January 2021, the HRC elected Mary Bauer as Chair and Kathryn Laughon as Vice Chair. Commissioners held their annual retreat on February 27, 2021, during which they identified the following goals and strategies for their work in 2021: 1. Continue advocating for increased accessibility and ADA compliance of all City services. a. Finish the disability/visibility project b. Build back the relationship with the City ADA office c. Reduce barriers for residents to communicate with the City i. Add captions to online and broadcasted City meetings ii. Provide access to documents in multiple languages iii. Improve awareness of in-person ASL interpretation services d. Advocate for continued consideration of accessibility in improved City infrastructure and transportation i. Sidewalks and walkways 1. ADA-compliant sidewalks 2. Seasonal walkway accessibility 3. Accessibility considerations during construction and roadwork changes ii. Improvements to CAT and JAUNT services (reliability, timeliness) 2. Address barriers to housing. a. Strengthen our city’s capacity to support issues of housing by developing pipelines for legal representation during eviction cases b. Amplify the work of housing advocates by putting Commission support behind strategies that will heal legacies of discrimination c. Support tenants by advocating for a policy entitling people in eviction proceedings to legal counsel. i. Gather data of how many evictions proceedings occur in a year and how many tenants lack representation. 1. Track the outcomes of eviction without lawyers 2. Seek partnerships to gather data and advocate to City Council d. Advocate for legal representation also for those who bring complaints to Commission 3. Pursue a Fair Employment Practices Agency (FEPA) workshare agreement with the Equal Employment Opportunity Commission (EEOC). 4. Pursue a Fair Housing Assistance Program (FHAP) workshare agreement with federal department of Housing and Urban Development (HUD). This report will examine how the goals and strategies identified by the HRC, and the actions taken by the HRC and OHR in 2021, align with the roles and responsibilities specified in the Charlottesville Human Rights Ordinance. 2 On June 1, 2021, the OHR reopened to walk-in and in-person appointments after being closed since March 16, 2020 due to the COVID-19 pandemic. The reopening coincided with Lily Gates and Ginny Helmandollar starting work as volunteer OHR Interns. Throughout the summer of 2021, Lily and Ginny contributed a combined 24 hours per week to the OHR. While they assisted with a variety of tasks, they assumed full responsibility for entering data into the OHR Service Provision database and transcribing minutes for the HRC’s public meetings. Their service to the OHR proved invaluable throughout the summer. In the fall of 2021, Lily and Ginny were able to continue to work for the OHR as paid interns while also attending college. Without their support, keeping the OHR open and functioning would not have been feasible given OHR staffing levels and the volume of incoming contacts during the second half of the year. The following is a list of the main takeaways and trends observed from the work of the HRC and OHR in CY2021. Detailed information regarding this work and other actions can be found in the body of the report. Key Takeaways and Observed Trends • In CY2021, the OHR received 1,962 incoming contacts: more incoming contacts than during any previous year in the OHR’s history. • In CY2021, the OHR received 62 new inquiries and complaints originating in Charlottesville. • Over the past four years, housing was the most often identified protected activity in inquiries and complaints received by the OHR. • Over the past four years, race was the most frequently identified protected class in inquiries and complaints received by the OHR. • Most referrals to other service providers in CY2021 involving a housing concern did not include an allegation of housing discrimination; more frequently, an individual sought assistance with rent or deposit relief, housing navigation, utility relief, or homelessness. • The current staffing and organizational structure of the OHR is not sustainable and results in delayed complaint investigation. OHR staff recommends hiring full-time employees for all components of the complaint and enforcement process. The HRC and OHR are committed to improving accessibility to information about their work. This report has been made accessible for the visually impaired, and it uses plain language as much as possible to ensure its contents are understandable. Alternative text is included for graphs, charts, and some tables that may not be accessible for the visually impaired. Technical terms are defined as they appear in each section of the report. A complete list of technical terms used in this report can be found in the OHR Data Dictionary (Attachment 1). Upon request, the OHR can provide additional information or clarification for graphics that are not accessible. This report complements the Human Rights Department Scorecard, which can be found on the City website via the City Council or Human Rights webpages. Throughout this report there are references to corresponding Objectives and Measures in the Department Scorecard. City 3 Councilors and members of the public are encouraged to contact OHR staff with any questions about the contents of the report or for more information about the services provided by the HRC and OHR. HRC & OHR staff contact: Todd Niemeier, Director, Human Rights Commission Phone: 434-970-3023 Email: humanrights@charlottesville.gov OHR Webpage: www.charlottesville.gov/665/Human-Rights HRC Webpage: www.charlottesville.gov/963/Human-Rights-Commission Human Rights Department Scorecard: https://publish.clearpointstrategy.com/146/humanrights/ 4 Charlottesville Human Rights Ordinance Sec. 2-433. (a) (Objective 1 in the Department Scorecard) Sec. 2-433. (a) Assist individuals who believe they are the victim of an act of unlawful discrimination within the City. Term(s) used in this section Definition(s) Unlawful Discrimination The denial of a person’s opportunity to engage in a daily life activity that is protected by law. HRC Actions Most activities involving individual assistance rest with the OHR under Sec. 2-437. Duties and responsibilities – Investigation of individual complaints and issuance of findings. The HRC has a specific role pertaining to public hearings, as explained in Sec. 2-439.1. Enforcement Authority – The Role of the Commission. In the history of the HRC, only one complaint has required the HRC to hold a public hearing. No cases of discrimination required the HRC to hold a public hearing in CY2021. Term(s) used in this section Definition(s) Public Hearing A service provided by the Human Rights Commission and coordinated by the Office of Human Rights, as specified by the Charlottesville Human Rights Ordinance, involving the recommendation of remedies related to either a determination of probable cause after the formal investigation of a complaint or a review of a determination of no probable cause for which a complainant seeks an appeal. The HRC partnered with the OHR in 2021 to address concerns presented by residents of Midway Manor, a local subsidized housing complex for people of advanced age and people with disabilities. On November 10, 2021, the HRC Chair, representatives of Legal Aid Justice Center, and OHR staff visited Midway Manor to listen to resident concerns about the conditions in their building. The HRC subsequently voted to hold a public panel on public and subsidized housing, which was scheduled for February 22, 2022. The OHR wrote a letter to the property owner summarizing the concerns residents expressed and requesting an in-person meeting with corporate representatives to discuss solutions. The property changed ownership at the end of 2021, so the same letter was sent to the new owners. At the time of the writing of this report in 2022, some of the concerns in the letter have been addressed by management, while others, including the requested meeting between tenants and corporate representatives, have not. The OHR continues to stay in touch with residents at Midway Manor and is working with other community partners to help amplify their concerns to property management. 5 The HRC’s use of community-based dialogue outside of regular HRC meetings as a method to address concerns aligns with both Sec. 2-433. (a) and Sec. 2-434., as well as the HRC’s own strategic goal of addressing barriers to housing (Goal 2). This is a new use of the HRC’s authority and could prove to be an effective tool for assisting residents who may not be able to easily or effectively present their concerns to those with the power to affect change. OHR Actions Individual service provision remains the primary function of the OHR. After reopening the OHR for in-person appointments on June 1, 2021, there was a dramatic increase in the number of daily contacts by people seeking assistance. The data below is an overview of types of services provided to individuals. The OHR CY2021 Individual Service Data table (Attachment 2) provides detailed individual service data by month. Term(s) used in this section Definition(s) Contact Any communication with an individual seeking services from the Office of Human Rights, including walk-ins, appointments, phone calls, text messages, and emails. Incoming contacts are initiated by individuals seeking assistance from the Office of Human Rights, while outgoing contacts are initiated by Office of Human Rights staff. Complaint An incoming contact in which an individual wishes to pursue action regarding an allegation of discrimination that falls within the jurisdiction of the Office of Human Rights, as defined by the Human Rights Ordinance. Client Follow-up An incoming contact from an individual who has an open inquiry or complaint. General Contact An incoming contact that involves outreach coordination, event planning, volunteer coordination, or general information. Inquiry An incoming contact involving services provided to an individual by the Office of Human Rights and/or an individual allegation of discrimination that falls outside the jurisdiction of the office, as defined by the Charlottesville Human Rights Ordinance. Staff Follow-up An outgoing contact in which staff communicates with an individual who has previously contacted the Office. Third-Party Incoming An incoming contact with a person other than the individual Contact directly involved with an inquiry or complaint being discussed. Third-Party Outgoing An outgoing contact with a person other than the individual Contact directly involved with an inquiry or complaint being discussed. The person directly involved must give verbal or written consent for staff to initiate a third-party outgoing contact. 6 Total Incoming Contacts (Objective 1, Measure 1 in the Department Scorecard) Key Takeaways and Observed Trends In CY2021, the OHR received 1,962 incoming contacts: more incoming contacts than during any previous year in the OHR’s history. From January through May, the office received an average of 4 incoming contacts per day. From June through December when the Office resumed in-person activities, the office received an average of 11 incoming contacts per day. The Office received an average of 8 incoming contacts per day for the full year. During CY2021, the OHR received the following incoming contacts: Contact Type Total Number New Complaints 12 New Inquiries 92 Client Follow-ups 1,103 General Contacts 84 Third Party Incoming 671 Total Incoming Contacts 1,962 The bar chart below shows the CY2021 contact data in relation to that of previous years. Data prior to CY2018 was reanalyzed and redistributed into the contact categories listed above for ease of comparison. The data pertaining to CY2014 complaints was reviewed by jurisdiction, and contacts listed as complaints that fell outside the jurisdiction of the OHR were reclassified as inquiries. 7 Because the number of client follow-ups and general contacts is much higher than the number of inquiries and complaints received each year, inquiry and complaint values for some years are too small to be visible in the chart above. The chart below isolates the number of inquiries and complaints received over the past four years. During this period, the OHR used a consistent data collection and classification system to log incoming contacts, making the data more easily comparable. As is evidenced by the data, the OHR receives far more inquiries than formal complaints. Total Complaints & Inquiries CY2018 through CY2021 12 CY2021 92 2 CY2020 63 6 CY2019 154 13 CY2018 91 0 20 40 60 80 100 120 140 160 180 Complaints Inquiries 8 Total Inquiries and Complaints by Location (Objective 1, Measure 2 in the Department Scorecard) Key Takeaways and Observed Trends In CY2021, the OHR received 62 new inquiries and complaints originating in Charlottesville. Despite fluctuations in number over the years, most inquiries and complaints received by the OHR involve an incident or concern that occurred in Charlottesville. While the Charlottesville Human Rights Ordinance only gives the HRC and OHR express authority to process formal complaints of discrimination originating in Charlottesville, the OHR regularly receives inquiries from Albemarle County and beyond, demonstrating a potentially unmet need for services outside of Charlottesville. The OHR refers such inquiries to the appropriate service provider and/or state or federal agency. The chart below shows the combined number of inquiries and complaints originating in Charlottesville, Albemarle County, or a different or unspecified locality since CY2014. 9 Total Inquiries by Protected Activity (Objective 1, Measure 3 in the Department Scorecard) Key Takeaways and Observed Trends Over the past four years, housing was the most often identified protected activity in inquiries received by the OHR. Term(s) used in this section Definition(s) Protected Activity An activity of daily life in which a person who identifies as a member of a protected class can participate without fear of discrimination. The Charlottesville Human Rights Ordinance lists the following activities as protected: housing, employment, public accommodation, credit, and private education. In CY2021, the OHR received a total of 92 contacts classified as inquiries within the protected activities of Housing, Employment, Public Accommodation, Credit, and Private Education. The chart below shows a summary of the protected activities identified in inquiries received by the OHR from CY2018 through CY2021. Housing is the most often identified protected activity in inquiries received by the OHR, followed by Employment and Public Accommodation. Total Inquiries by Protected Activity CY2018 through CY2021 250 200 51 150 100 171 13 20 50 66 53 8 18 0 Housing Employment Other Public Credit Private (Total: 222) (Total: 79) (Unprotected) Accommodation (Total: 0) Education (Total: 73) (Total: 26) (Total: 0) CY2018 - CY2020 CY2021 10 Total Complaints by Protected Activity (Objective 1, Measure 4 in the Department Scorecard) Key Takeaways and Observed Trends Over the past four years, housing was the most often identified protected activity in complaints received by the OHR. In CY2021, the OHR received a total of 12 contacts classified as complaints. The chart below shows a summary of the protected activities identified in complaints received by the OHR, from CY2018 through CY2021. Housing is the most often identified protected activity in complaints received by the OHR, followed by employment and public accommodation. In CY2021, the OHR received one formal complaint identifying credit as the protected activity. This complaint was later determined to be non-jurisdictional but was still classified as a dismissed complaint rather than an inquiry because it was filed as a formal complaint requiring a jurisdictional evaluation prior to dismissal. Total Complaints by Protected Activity CY2018 through CY2021 16 14 12 5 10 5 8 1 6 9 4 6 6 2 1 0 Housing Employment Public Credit Private Education (Total: 14) (Total: 11) Accommodation (Total: 1) (Total: 0) (Total: 7) CY2018 - CY2020 CY2021 11 Total Combined Inquiries and Complaints by Protected Class (Objective 1, Measure 5 in the Department Scorecard) Key Takeaways and Observed Trends Over the past four years, race was the most frequently identified protected class in all inquiries and complaints received by the OHR. Term(s) used in this section Definition(s) Protected Class A grouping of people, as defined by state and federal law, of which an individual either self-identifies as a member or is perceived to be a member, that is protected from discrimination when an individual is participating in a protected activity. The Charlottesville Human Rights Ordinance lists the following classes as protected: • Age/Elderliness • Childbirth or related medical conditions • Disability • Familial Status (in housing) • Gender Identity • Marital Status • National Origin • Pregnancy • Race • Religion • Sex • Sexual Orientation • Color • Source of Funds (in housing) • Status as a Veteran 12 The chart below shows a summary of the protected classes identified in inquiries and complaints received by the OHR, from CY2018 through CY2021. Race is the most often identified protected activity in inquiries and complaints received by the OHR, followed by disability and color, which is identified as a separate protected class from race in state law. Total Inquiries & Complaints by Protected Class CY2018 through CY2021 Not Specified 222 Race 55 Disability 49 Color 44 Other (Non-protected) 28 Sex 21 National Origin 9 Age 7 Sexual Orientation 3 Religion 3 Marital Status 3 Source of Funds 2 Veteran Status 1 Gender Identity 1 Pregnancy 0 Childbirth or Related Medical… 0 0 50 100 150 200 250 13 Total Employment Discrimination Complaints by Protected Class (Objective 1, Measure 6 in the Department Scorecard) Key Takeaways and Observed Trends Over the past four years, race was the most often identified protected class in employment discrimination complaints received by the OHR. This section provides more details about the employment discrimination complaints received during the calendar year. Receiving and attempting to resolve complaints of discrimination is one of the most complex and labor-intensive duties of the OHR. In CY2021, the OHR received 10 total allegations of employment discrimination, 6 of which originated in Charlottesville, 5 of which were initially accepted as jurisdictional complaints for which the Complainant wished to pursue further action, though 1 was dismissed as non-jurisdictional after review. Term(s) used in this section Definition(s) Case A complaint of unlawful discrimination that has been accepted for further action by the Office of Human Rights. Complainant An individual or group of individuals who have filed a formal complaint of unlawful discrimination with the Office of Human Rights. Determination or Finding A decision made by the Director, based on the evidence presented in an investigative report regarding a complaint of unlawful discrimination, whether there is cause to believe that a violation of the Charlottesville Human Rights Ordinance has occurred. Dismissed Complaint A complaint that has been closed by staff due to the case being too far outside the jurisdiction of the Office of Human Rights or because the client has ceased responding to attempted follow-up by staff, prior to the complainant providing enough information to decide if the complaint presents a jurisdictional, prima facie case of discrimination. Further Action Steps taken to address a complaint of discrimination that may include informal conciliation, mediation, and investigation. Informal Conciliation A method of resolving a complaint of unlawful discrimination in which the Director engages in an informal dialogue with the complaint and respondent and a non- binding agreement is reached that resolves the complaint to the complainant’s satisfaction. 14 Term(s) used in this section Definition(s) Investigation The formal process of gathering factual evidence regarding a complaint of discrimination. Fact gathering can include interviewing the complainant, respondent, and witnesses. It may also include gathering other evidence such as documents, audio recordings, video footage, or physical evidence. Jurisdiction The geographic and legal scope of enforcement authority as defined by the Charlottesville Human Rights Ordinance. Mediation A method of resolving a complaint of unlawful discrimination in which a third-party, licensed mediator facilitates a formal dialogue and negotiation between the complainant and respondent. If mediation is successful, the resulting settlement agreement is a private, legally binding contract between the complainant and respondent that is enforceable through civil action in the appropriate court. Prima facie A term used to define whether a complaint presents an actionable allegation of discrimination “on its face.” In a prima facie case, the following criteria must be met: • Complainant was engaged in a protected activity. • Complainant either self-identifies or is perceived by Respondent to be a member of a protected class. • There is testimonial or documentary evidence of a practice or policy to exclude or otherwise adversely treat individuals in Complainant’s protected class. • There are specific harms identified by Complainant, resulting from the alleged discrimination. Respondent An individual, group of individuals, or agency that is named by the complainant in a formal complaint of unlawful discrimination as responsible for a discriminatory act against the complainant. 15 Below is a summary of the employment discrimination cases active in CY2021. Case numbers refer to the year the case was opened followed by the order in which it was received. For example, Case 2021-2 was opened in 2021 and was the second case opened that year. Note that ongoing cases not opened in the current calendar year are not counted in the total number of cases received during the current calendar year. Case # Protected Class(es) CY2021 Year-end Status 2021-2 • Race In mediation. 2021-4 • Sex Under investigation. • Sexual orientation 2021-5 In mediation. • Race 2021-7 • Race Settlement reached through mediation. • Race Dismissed as non-jurisdictional after 2021-10 • Color review. • Sex The chart below shows a summary of the protected classes identified in employment complaints received from CY2018 through CY2021. Note that some complaints may allege discrimination based on more than one protected class, so the total number of identified protected classes may be larger than the total number of complaints. Total Employment Discrimination Complaints by Protected Class CY2018 through CY2021 Race Sex Color Age Sexual Orientation Disability Veteran Status Religion Pregnancy National Origin Marital Status Gender Identity Childbirth or Related Medical Conditions 0 1 2 3 4 5 6 7 8 16 Total Housing Discrimination Complaints by Protected Class (Objective 1, Measure 7 in the Department Scorecard) Key Takeaways and Observed Trends Over the past four years, race and disability were the two most often identified protected classes in housing discrimination complaints received by the OHR. This section provides more details about the housing discrimination complaints received during the calendar year. In CY2021, the OHR received 13 total allegations of housing discrimination, 10 of which originated in Charlottesville, and 5 of which were jurisdictional complaints for which the complainant wished to pursue further action. Below is a summary of the housing discrimination cases active in CY2021. Note that active cases not opened in the current calendar year are not counted in the total number of cases received but are included in the summary of active cases below. Case numbers refer to the year the case was opened followed by the order in which it was received. For example, Case 2020-2 was opened in CY2020 and was the second case opened that year. Case # Protected Class(es) CY2021 Year-end Status • Investigation completed. 2020-2 Race • Offer of mediation pending. • Dismissed due to respondent exemption 2021-1 Source of Funds under state law. 2021-6 Race • Resolved through informal conciliation. • Complainant withdrew case after 2021-9 Disability moving to a new location. • Awaiting authorization for further 2021-11 Disability action. • Complainant seeks mediation. • Unresolved due to inability to reach 2021-12 Disability Complainant for follow-up information needed to establish a prima facie case. 17 The chart below shows a summary, from CY2018 through CY2021, of the protected classes identified in housing complaints. Note that some complaints may allege discrimination based on more than one protected class, so the total number of identified protected classes may be larger than the total number of complaints. Total Housing Discrimination Complaints by Protected Class CY2018 through CY2021 Race Disability Marital Status Color Source of Funds Sex Veteran Status Sexual Orientation Religion Pregnancy National Origin Gender Identity Childbirth or Related Medical Conditions Age 0 1 2 3 4 5 18 Services Provided Through Individual Contacts (Objective 1, Measure 10 in the Department Scorecard) Key Takeaways and Observed Trends While most incoming and outgoing contacts handled by the OHR in CY2021 involved information sharing, investigation activity and counseling regarding inquiries and complaints were the second and third most provided services by the OHR. Term(s) used in this section Definition(s) Appointment Set-up A contact involving the scheduling of an appointment with the Office of Human Rights. Clerical Assistance Any activity involving creating documents or other materials on behalf or at the request of the client. Counseling Assistance provided to an individual who presents an inquiry or complaint in which staff present various courses of action to address a concern. Information A contact in which staff answers questions of a general nature or provides information regarding services, events, or programs. Investigation Activity Any activity associated with the formal investigation of a complaint. Mediation Related Services Any activity associated with the request for or coordination of mediation services, as provided by a licensed third-party mediator, in conjunction with a complaint. In CY2021, services provided by the OHR through 2,959 incoming and outgoing contacts were classified by the primary services of Appointment Set-up, Clerical Assistance, Counseling, Information, Investigation Activity, and Mediation Related Services. The chart below shows the total number of service contacts by type and percentage of total services provided in CY2021: Services Provided Through Incoming & Outgoing Contacts in CY2021 Information (2372 contacts) 80% Investigation Activity (240 contacts) 8% Counseling (166 contacts) 6% Mediation Related Services (77 contacts) 3% Appointment Set-up (60 contacts) 2% Clerical Assistance (44 contacts) 1% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 19 Given the greater number of formal complaints received in CY2021 compared to recent years, the number of contacts involving investigation activity was higher. For the same reason, contacts involving mediation-related services were also elevated. Contacts involving information-sharing in relation to service provision nearly doubled when compared to CY2020. Contacts related to outreach coordination, volunteer coordination, and events were few and were classified as information. Going forward, contacts related to community outreach will be tracked in a separate system to avoid mixing data with service provision. Referrals to Other Services (Objective 1, Measure 11 in the Department Scorecard) Key Takeaways and Observed Trends Most referrals to other service providers in CY2021 involving a housing concern did not include an allegation of housing discrimination; more frequently, an individual sought assistance with rent or deposit relief, housing navigation, utility relief, or homelessness. When individuals seek assistance from the OHR for services that the OHR cannot provide, staff will attempt to connect the individual to the most appropriate service provider. Listed below are the four primary service providers most closely related to the services provided by the OHR. Most referrals from the OHR are to agencies other than the primary four providers and are classified as “Other.” A list of these agencies is included below. EEOC (Equal Employment Opportunity Commission): Individuals are referred to the EEOC for employment discrimination cases that are outside the jurisdiction of the Office of Human Rights, as defined by state and federal law and the Charlottesville Human Rights Ordinance. DPOR (Department of Professional and Occupational Regulation): Individuals are referred to DPOR for formal fair housing discrimination investigations when the complainant expressly seeks civil action against the respondent. This is a state government department that includes the Virginia Fair Housing Office. CVLAS (Central Virginia Legal Aid Society): Individuals are referred to CVLAS for assistance with a variety of legal issues raised during intake, often pertaining to the protected activities identified in the Charlottesville Human Rights Ordinance. In some cases, individuals have simultaneous cases with CVLAS and the Office of Human Rights. LAJC (Legal Aid Justice Center): Individuals are referred to LAJC for assistance with a variety of legal issues raised during intake, often pertaining to the protected activities identified in the Charlottesville Human Rights Ordinance. In some cases, individuals have simultaneous cases with LAJC and the Office of Human Rights. Other: The OHR refers individuals to a wide variety of other agencies and offices depending on their specific concerns. 20 Below is a list of agencies that fall into the "Other" referral category. These agencies were determined by staff during CY2021 to be a viable option for some people seeking assistance. Note that some individuals were referred to several of these organizations following a single contact with the OHR. The organizations listed below received one or more referrals in CY2021. • Alexandria, VA, Office of Human Rights • Charlottesville Department of Human Services • Charlottesville FOIA Officer • Community Resource Hotline - English • Community Resource Hotline - Spanish • Monticello Area Community Action Agency (MACAA) • Network2Work • Piedmont Housing Alliance • The Haven • UVA Maxine Platzer Lynn Women's Center Free Legal Clinic • Virginia Attorney General's Office of Civil Rights • Virginia Lawyer Referral Service • Virginia Rent Relief Program • Virginia Restoration of Rights Office Most referrals over the past four years were to agencies other than the four identified primary agencies. This is due in part to the number of housing inquiries involving individuals who, rather than alleging housing discrimination, sought assistance with rent or deposit relief, housing navigation, utility relief, or homelessness. In CY2021 the OHR assumed more responsibility for processing employment and housing discrimination cases following the passage of amendments to the Charlottesville Human Rights Ordinance in February. Consequently, the need to refer cases to the EEOC and DPOR decreased. Referrals to CVLAS and LAJC were unaffected by the OHR’s change in enforcement authority. 21 Most referrals over the past four years having been to agencies other than the primary four, as shown in the chart below: Total Referrals to Primary and Other Agencies CY2018 through CY2021 250 39 200 150 28 100 50 6 4 1 188 95 34 29 28 2 0 Total Referrals Other (Total: 123) LAJC (Total: 40) CVLAS (Total: 33) EEOC (Total: 29) DPOR (Total: 2) (Total: 227) CY2018 - CY2020 CY2021 Disposition of Cases Closed During the Calendar Year (Objective 1, Measure 12 in the Department Scorecard) Key Takeaways and Observed Trends • Maintaining an active contract with a third-party licensed mediator is an important component of effective and efficient complaint resolution. • The current staffing and organizational structure of the OHR is not sustainable and results in delayed investigation of complaints. OHR staff recommends the hiring of full-time employees for all components of the complaint and enforcement process. During CY2021, the OHR had 14 active cases, which is more active cases than in the previous three years combined. At the beginning of CY2021, the OHR did not have an active contract with a third-party mediation firm. OHR staff engaged in a procurement process resulting in a new contract awarded to Resolute Mediation and Arbitration, Inc (RMA). Collaboration with RMA proved to be very effective in resolving several complaints in CY2021. 22 By the end of CY2021, the OHR closed the following 8 cases: Case # Protected Activity Protected Class(es) Type of Closure 2019-1 Public • Race Informal conciliation. Accommodation 2021-1 Housing • Source of Funds Dismissed: non-jurisdictional. 2021-3 Public • Disability Settlement through mediation. Accommodation • Sex 2021-6 Housing • Race Informal conciliation. 2021-7 Employment • Race Settlement through mediation. 2021-8 Credit • Color Dismissed: non-jurisdictional. • National Origin • Race • Sex 2021-9 Housing • Disability Complaint withdrawn. 2021-10 Employment • Color Dismissed: non-jurisdictional. • Race • Sex At the end of CY2021, the following 6 cases remained open: Case # Protected Activity Protected Class(es) Status 2020-2 Housing • Race • Investigation completed. • Offer of mediation pending. 2021-2 Employment • Race • In mediation. 2021-4 Employment • Sex • Under investigation. 2021-5 Employment • Sexual Orientation • In mediation. • Race 2021-11 Housing • Disability • Awaiting authorization for further action. • Complainant seeks mediation. 2021-12 Housing • Disability • Unresolved due to inability to reach Complainant for follow-up information needed to establish a prima facie case. 23 Charlottesville Human Rights Ordinance Sec. 2-433. (b) (Objective 2 in the Department Scorecard) Sec. 2-433. (b) Collaborate with the public and private sectors for the purpose of providing awareness, education, and guidance on methods to prevent and eliminate discrimination citywide. This role is shared between the HRC and the OHR. The specific duties and responsibilities of this role are further explained in Sec. 2-434. Duties and responsibilities – Community dialogue and engagement and Sec. 2-435. Duties and responsibilities – Systemic issues. HRC Actions In CY2021, the HRC engaged in 9 actions focused on public awareness, education, and guidance, and it refined the tools it uses to engage and reach the community. Below is a chart summarizing the actions taken by the HRC and their alignment with the duties and responsibilities in Sec. 2-434. and Sec. 2-435. in the Charlottesville Human Rights Ordinance and the goals Commissioners identified during their annual retreat. Documents referenced in the action summaries are publicly posted on the “Human Rights Documents” subpage within the “Human Rights” webpage on the City website. Total Number Community Awareness, Education, and Guidance Actions by the HRC (Objective 2, Measure 5 in the Department Scorecard) Date Alignment Action Summary The HRC presented an open letter affirming its support of Duties & Black and Brown victims of Responsibilities: police violence locally and Sec. 2-435 throughout the nation. The letter 4/19/2021 Systemic issues Letter of Position called for a detailed evaluation of functions currently handled by Annual Goals: police, like responding to mental No direct alignment. health crises, that could be better performed by other people or entities in the community. 24 Date Alignment Action Summary Duties & Responsibilities: The HRC hosted a public panel Sec. 2-434 discussion with Mayor Walker Community dialogue 6/17/2021 Public Discussion and Police Chief Brackney and engagement regarding police policies and practices. Annual Goals: No direct alignment. Duties & In honor of those who worked for Responsibilities: social justice before, during, and Sec. 2-435 after the summer of 2017, the 8/12/2021 Systemic issues Letter of Position HRC called on the City to continue to push toward equity Annual Goals: and racial justice through its No direct alignment. policy and practice. Duties & The HRC hosted a public panel Responsibilities: discussion with Sunshine Mathon Sec. 2-434 (Piedmont Housing Alliance Community dialogue Executive Director) and Dan 9/16/2021 and engagement Public Discussion Rosensweig (Habitat for Humanity Executive Director) Annual Goals: about the City’s Comprehensive 2. Address barriers to Plan and proposed zoning housing. revisions. The HRC Chair, representatives of Legal Aid Justice Center, and OHR staff visited Midway Manor Duties & to listen to resident concerns Responsibilities: about the conditions in their Sec. 2-434 building. The HRC subsequently Community dialogue voted to hold a future public 11/10/2021 and engagement Public Discussion panel on public and subsidized housing. The OHR wrote a letter Annual Goals: to the property owner 2. Address barriers to summarizing the concerns housing. residents expressed and requesting an in-person meeting with corporate representatives to discuss solutions. 25 Date Alignment Action Summary Ordinance: Sec. 2-434 The HRC hosted a presentation Community dialogue by Anna Mendez (Partner for and engagement Mental Health Executive 11/18/2021 Public Discussion Director) regarding housing Annual Goals: discrimination on the basis of 2. Address barriers to mental health and substance use. housing. The HRC, in collaboration with Partner for Mental Health, sent a Ordinance: letter to People and Sec. 2-435 Congregations Engaged in Systemic issues Ministry (PACEM) encouraging 11/24/2021 Letter of Position the inclusion of substance use Annual Goals: disorder on the list of high 2. Address barriers to COVID-19 risk criteria that housing. might qualify an individual for shelter at Premier Circle. Ordinance: The HRC, in collaboration with Sec. 2-435 Partner for Mental Health, wrote Systemic issues an open letter to local hotels to 11/30/2021 Letter of Position express concern over the refusal Annual Goals: to rent rooms to individuals based 2. Address barriers to on a diagnosis or perceived housing. diagnosis of mental illness. Ordinance: Sec. 2-434 The HRC hosted a presentation Community dialogue by Victoria Horrock (Legal Aid and engagement Justice Center Attorney) 12/16/2021 Public Discussion regarding proposed amendments Annual Goals: to the Virginia Residential 2. Address barriers to Landlord & Tenant Act. housing. 26 OHR Actions Community outreach is one of the primary tools used by the OHR to both encourage citizens to report allegations of discrimination and to prevent discrimination from happening in the first place. Systemic change requires major shifts in how society operates. Societal shifts start with individual awareness, education, and a willingness to make change. The OHR categorizes outreach in three ways: 1. Service Provision 2. Education & Awareness 3. Collaboration & Leadership Over many years of engaging the community through a variety of community events, meetings, and presentations, OHR staff observed that this categorization system emerged naturally and made it easier to quantify and track the work. As in CY2020, during CY2021, the OHR had only one full-time staff person in addition to two part-time Interns with highly specific duties. Given the volume of incoming individual service requests this year, outreach activities were again very limited and mostly confined to Collaboration & Leadership work. Total Number of OHR Community Outreach Activities by Outreach Type (Objective 2, Measure 1 in the Department Scorecard) In CY2021, OHR staff engaged in a total of 107 community outreach activities classified as the following: Outreach Type Total Number of Activities Service Provision 100 Education & Awareness 0 Collaboration & Leadership 7 Over the past two years, the OHR has been unable to maintain Education & Awareness outreach. This work was primarily conducted at in-person events in previous years was primarily held by the former Director who left the OHR in March of 2020. With the hire of a Community Outreach Specialist in CY2022, the OHR plans to rebuild a regular calendar of Education & Awareness events. 27 The chart below shows a summary of outreach activities conducted by the OHR over the last three years: Summary of Community Outreach Activities by Outreach Type CY2019 through CY2021 100 CY2021 7 43 CY2020 8 172 CY2019 22 17 0 20 40 60 80 100 120 140 160 180 200 Collaboration & Leadership Education & Awareness Service Provision 28 Total Number of Collaborative Activities and Partner Agencies Engaged (Objective 2, Measure 2 in the Department Scorecard) As noted above, most of the OHR’s outreach in CY2021 was classified as Collaboration & Leadership. The OHR engaged with a variety of community partners to organize outreach events, develop referral networks for individuals seeking services, and lead discussion in projects that serve people who engage in protected activities or are members of protected classes. Of the 107 outreach activities conducted by the OHR in CY2021, 106 were in collaboration with other community partners. In CY2021, the OHR worked with the 27 primary collaborators listed below through a variety of meetings and collaborative events: • BUCK Squad • Charlottesville Department of Human Services (DHS) • Charlottesville Low-Income Housing Coalition (CLIHC) • Charlottesville Office of Community Solutions • Charlottesville Office of Equity, Diversity, and Inclusion • Charlottesville Planning Commission • Charlottesville Public Works - Climate Action • Charlottesville Redevelopment and Housing Authority (CRHA) • Code for Cville • Community Climate Collaborative (C3) • Cultivate Charlottesville • Just C-ville • Northern Real Estate Urban Ventures • Partner for Mental Health • People And Congregations Engaged in Ministry (PACEM) • Piedmont Environmental Council (PEC) • Piedmont Housing Alliance (PHA) • Prince William County Human Rights Commission • Public Housing Association of Residents (PHAR) • Region Ten • Richmond Virginia (RVA) Eviction Lab • Sin Barreras • The Haven • Thomas Jefferson Area Planning District (TJPDC) • UVA Equity Center • Visible.org • Welcoming Greater Charlottesville 29 Charlottesville Human Rights Ordinance Sec. 2-433. (c) (Objective 3 in the Department Scorecard) Sec. 2-433. (c) Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the City and advise those bodies on issues related to human rights issues. This role falls primarily with the HRC, with the OHR providing administrative support. The specific duties and responsibilities under this role are further explained in Sec. 2-435. Duties and responsibilities – Systemic issues. HRC Actions The HRC engaged in 4 actions focused on City policies. Below is a chart summarizing the actions taken by the HRC and showing the alignment with the duties & responsibilities sections in the Charlottesville Human Rights Ordinance and the goals Commissioners identified during their annual retreat. Documents referenced in the action summaries are publicly posted on the “Human Rights Documents” subpage within the “Human Rights” webpage on the City website. Date Alignment Action Summary Duties & The HRC sent a letter to City Responsibilities: Council and the Planning Sec. 2-435 Commission outlining its support Systemic issues. Council for the inclusion of specific 9/21/2021 Recommendation details in the Future Land Use Annual Goals: Map (FLUM) to permit and 2. Address barriers to encourage the construction of housing. affordable housing. 30 Date Alignment Action Summary The HRC presented a letter to City Council outlining recommendations to address systemic inequities in City employment practices, including publishing an updated Duties & organizational equity report, Responsibilities: conducting a compensation and Sec. 2-435 class study, reporting the full Systemic issues. Council 11/9/2021 basis for the termination of the Recommendation former Police Chief, publishing a Annual Goals: plan to continue the internal No direct alignment. reforms of the police department begun by the recently dismissed Chief, and reviewing the previous recommendations provided by the HRC regarding bias-based policing and constitutional procedures. The HRC adopted Resolution Duties & A21-1 Advocacy and Action to Responsibilities: codify its methods when taking Sec. 2-434 action on community issues Community dialogue brought to its attention. This 11/18/2021 and engagement. HRC Resolution resolution also defined the scope of the Chair's ability to act on the Annual Goals: HRC's behalf regarding urgent No direct alignment. concerns that arise between regular meetings of the HRC. Duties & The HRC adopted Resolution Responsibilities: A21-2 Use of Plain Language to Sec. 2-434 codify its intent to use plain Community dialogue language in future resolutions and engagement. 11/18/2021 HRC Resolution when possible and to create plain language versions of resolutions Annual Goals: and other documents when the 1. Accessibility and original document was written in ADA Compliance. less understandable language. 31 Charlottesville Human Rights Ordinance Sec. 2-433. (d) (Objective 4 in the Department Scorecard) Sec. 2-433. (d) Seek work share agreements with the Equal Employment Opportunity Commission (“FEPA”) and the Department of Housing and Urban Development (“HUD- FHAP”) to conduct investigations of employment and housing discrimination on their behalf, and enter into such agreement(s) subject to approval of City Council upon a finding that the agreement(s) would be in the best interest of the City. This majority of the duties and responsibilities relating to the pursuit of a Fair Employment Practices Agency (FEPA) workshare with the Equal Employment Opportunity Commission (EEOC) and a Fair Housing Assistance Program (FHAP) workshare with the U.S. Department of Housing and Urban Development (HUD) fall to the OHR, with the HRC playing a supporting role. This role, though not further clarified within the ordinance, will have a dramatic effect on the enforcement processes detailed in Sec. 2-437. Duties and responsibilities – Investigation of individual complaints and issuance of findings and Sec. 2-439.1. Enforcement authority – The role of the Commission. HRC Actions Date Alignment Action Summary The HRC hosted a question-and- answer session with Erik Steinecker, Staff Attorney with the Federal Department of Housing and Urban Development (HUD) Fair Housing Office Duties & about the process of the City Responsibilities: applying and qualifying for a Fair Sec. 2-439.1 Housing Assistance Program Enforcement authority. (FHAP) workshare. This 1/21/2021 Public Discussion discussion helped inform the Annual Goals: HRC's strategic planning and its 4. Pursue FHAP annual retreat in February, during workshare. which Commissioners decided to pursue a FHAP workshare prior to entering a Fair Employment Practices Agency (FEPA) workshare with the Equal Employment Opportunity Commission (EEOC). 32 Date Alignment Action Summary The HRC Chair, HRC Vice Chair, and HRC Director met with Cheryl Mabry (Director) and James Yao (Deputy Director) of State, Local, and Tribal Duties & Programs for the U.S. Equal Responsibilities: Employment Opportunity Sec. 2-439.1 Commission (EEOC) to discuss Enforcement authority. the process of applying and 2/23/2021 Work Session qualifying for a Fair Employment Annual Goals: Practices Agency (FEPA) 4. Pursue FEPA workshare agreement with the workshare. EEOC. Based on the information provided, the HRC decided to prioritize pursuit of a FHAP workshare agreement prior to pursuing a FEPA workshare agreement. OHR Actions The Director began the necessary steps for entry into both the FEPA and FHAP workshares, though pursuit of the FHAP workshare was prioritized over the FEPA because simultaneous pursuit of both workshares without additional staff support was not practical. While entry into the FHAP workshare required the most initial work, including major revisions to the Charlottesville Human Rights Ordinance, interim FHAP certification also offered substantial funding for capacity building during the first three years. FEPA certification offered no additional funding for capacity building, and the reimbursement rate offered by the EEOC for completed cases was half the 2021 rate offered by HUD. Both the FEPA and FHAP workshare agreements still require extensive action in CY2022 by the HRC and OHR, including continuing to draft the required documents and sending them for review to the City Attorney, HRC, City Council, and federal agency before final approval by the federal agency. 33 CY2021 FEPA Workshare progress (Objective 4 Measure 1 in the Department Scorecard) The chart below shows the actions taken in CY2021 to enter a FEPA workshare agreement with the EEOC. Step Summary of Actions OHR initiates contact with federal The Director set up the above-mentioned work session agency. with the HRC Chair, HRC Vice Chair, Cheryl Mabry, and James Yao of the EEOC. OHR drafts necessary documents The Director began a draft of the required request letter for application. for consideration by the HRC prior to submission to the EEOC for informal review. This effort was put on hold to pursue the FHAP workshare agreement with HUD. CY2021 FHAP Workshare Progress (Objective 4 Measure 2 in the Department Scorecard) The chart below shows the actions taken in CY2021 to enter a FHAP workshare agreement with HUD. Step Summary of Actions OHR initiates contact with federal The Director set up the above-mentioned question-and- agency. answer session with the HRC and Erik Steinecker from the HUD Fair Housing Office. OHR drafts necessary documents The Director drafted a revised version of the for application. Charlottesville Human Rights Ordinance that included language necessary for substantial equivalence with federal fair housing law. OHR submits draft documents to The Director worked with Erik Steinecker at the HUD federal agency for informal Fair Housing Office throughout 2021 to edit the initial review. draft of the revised Charlottesville Human Rights Ordinance. OHR submits draft documents to The Director met with Allyson Davies in the City City Attorney for review. Attorney’s Office for an initial review of the revised Charlottesville Human Rights Ordinance. Following this meeting, the Director contacted the Fairfax County Office of Human Rights to ask questions about the practical implications of some of the duties required by substantial equivalence to federal fair housing law. OHR revises draft documents based on federal agency and City Work to be continued in 2022. Attorney feedback. 34 Charlottesville Human Rights Ordinance Sec. 2-433. (e) (Objective 5 in the Department Scorecard) Sec. 2-433. (e) Make recommendations regarding the City’s annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination. This role rests primarily with the HRC with support from the OHR. This role also relates to the HRC’s work under Sec. 2-434. Duties and responsibilities – Community dialogue and engagement and Sec. 2-435. Duties and responsibilities – Systemic issues. In CY2021, the HRC submitted recommendations to Council that reiterated its CY2020 priorities and included a recommendation to support SB 43, which would allow a City or County to take legal action to enforce the provisions of the Virginia Residential Landlord and Tenants Act related to health and safety. Charlottesville Human Rights Ordinance Sec. 2-433. (f) (Objective 6 in the Department Scorecard) Sec. 2-433. (f) Prepare recommendations to policies and procedures the Commission believes are necessary for the performance of the roles, duties and responsibilities assigned to the Commission within this article, and for modifications or operating procedures approved by City Council. This role is shared by the HRC and OHR and relates to all other duties and responsibilities detailed in the Charlottesville Human Rights Ordinance. The table on the following page summarizes the recommendations the HRC made to Council in CY2021. 35 Date Alignment Action Summary The HRC adopted proposed amendments to the Code of the City of Charlottesville Chapter 2, Article XV (Charlottesville Human Rights Ordinance) for recommendation to City Council. The proposed amendments Duties & included language to bring the Responsibilities: ordinance into alignment with Sec. 2-439.1 recent changes to state laws Enforcement authority. governing human rights and fair 1/19/2021 Policy Review housing. The proposed Annual Goals: amendments also broadened the No direct alignment. potential applicant pool for new Commissioners, removed gendered language from the ordinance, and clarified aspects of the enforcement process. The proposed amendments were adopted along with some revisions presented by Council on 2/1/2021. Duties & Responsibilities: The HRC provided feedback to Sec. 2-435 City Management and Council regarding the hiring of a Director Systemic Issues Council for the Human Rights 3/1/2021 Commission and Office of Recommendation Human Rights. City Management Annual Goals: made an offer of hire on No direct alignment. 10/15/2021, which was accepted on 10/21/2021. Duties & The HRC provided Responsibilities: recommendations regarding the Sec. 2-435 establishment of a program that would ensure legal counsel for Systemic Issues Council 4/4/2021 tenants facing evictions. The Recommendation HRC presented data collected on local court hearings as well as Annual Goals: national data regarding other 2. Address barriers to localities with similar programs. housing. 36 Recommendations In CY2021, the OHR had one full-time staff person, the Community Outreach and Investigation Specialist, authorized to receive and investigate complaints. The Community Outreach and Investigation Specialist, who was promoted to the role of Director of the Human Rights Commission in October 2021, held all intake, investigation, outreach, and administrative duties for the OHR, as well as administrative duties for the HRC. Other comparable OHRs with enforcement responsibilities have separate staff responsible for intake, investigation, outreach, and administration. This division of labor is especially essential for the separation of approving further action on complaints, complaint investigation, and rendering final determinations on complaints. To preserve the integrity of the investigation, the Investigator must remain a neutral third party to the complaint and thus typically relies on the Director to approve further action on complaints and serve as the Administrative Judge who renders a determination on the investigated complaint. Given the lack of staffing in the OHR, the roles of approving complaints for further action and rendering final determination fell to the City Manager’s Office. Throughout CY2020 and CY2021, these responsibilities were passed between several individuals within the City Manager’s Office until the hire of the Deputy City Manager for Racial Equity, Diversity, and Inclusion in late April 2021. While the Deputy City Manager can hold both these roles in lieu of the Director, it is atypical for an Office of Human Rights to function in this manner and places an additional and undue responsibility on the Deputy City Manager. The chart below shows the OHR staff and organizational structure in CY2021. Green boxes indicate a position that holds the appropriate duties and responsibilities in relation to the OHR and HRC (City Manager). Orange boxes indicate a position that holds a duty for the OHR and HRC that is outside of that individual’s prescribed role in the City (Deputy City Manager for Racial Equity, Diversity, and Inclusion; HRC Director; Human Rights Interns). CY2021 OHR Organizational Structure 37 The chart below presents the recommended organizational structure of the OHR consistent with other OHRs in Virginia. The same color scheme described above applies below with the added colors of blue to indicate a position scheduled for hiring in early CY2022 (Outreach Specialist) and lavender to indicate positions for which there was no approved funding in FY22 or FY23 (Intake Counselor, Investigator). Recommended OHR Organizational Structure Conclusions In CY2022, the OHR will hire an Outreach Specialist to expand community engagement, continue the work begun on the FHAP workshare agreement, and continue working in partnership with the HRC to develop capacity for addressing systemic issues. With Council’s support to hire an Intake Counselor and an Investigator, the OHR will be better equipped to effectively process incoming inquiries and complaints and be prepared to enter the FHAP workshare. Attachments 1. OHR Data Dictionary 2. OHR CY2021 Individual Service Data 38 2021 Charlottesville Office of Human Rights Data Dictionary Term Definition Appointment Set-up A contact involving the scheduling of an appointment with the Office of Human Rights. Case A complaint of unlawful discrimination that has been accepted for further action by the Office of Human Rights. Charlottesville Human A part of the Code of the City of Charlottesville found in Rights Ordinance Chapter 2, Article XV, that explains the roles and responsibilities of the Human Rights Commission and Office of Human Rights and defines the protected activities, protected classes, and enforcement mechanisms authorized to address unlawful discrimination within the jurisdiction of the City of Charlottesville. Clerical Assistance Any activity involving creating documents or other materials on behalf or at the request of the client. Client Follow-up An incoming contact from an individual who has an open inquiry or complaint. Closed Complaint A complaint that is no longer being addressed by the Office of Human Rights. An inquiry may close due to the case being resolved to the client's satisfaction, the referral of the client to another agency that can better serve them, or because the client chooses not to pursue the case further. Closed Inquiry An inquiry that is no longer being addressed by the Office of Human Rights. An inquiry may close due to the case being resolved to the client's satisfaction, the referral of the client to another agency that can better serve them, or because the client chooses not to pursue the case further. Complaint An incoming contact in which an individual wishes to pursue action regarding an allegation of discrimination that falls within the jurisdiction of the Office of Human Rights, as defined by the Human Rights Ordinance. Complainant An individual or group of individuals who have filed a formal complaint of unlawful discrimination with the Office of Human Rights. Contact All walk-ins, appointments, phone calls, text messages, and emails with individuals. Counseling Assistance provided to an individual who presents an inquiry or complaint in which staff present various courses of action to address a concern. Term Definition Determination A decision made by the Director, based on the evidence presented in an investigative report regarding a complaint of unlawful discrimination, whether there is cause to believe that a violation of the Charlottesville Human Rights Ordinance has occurred. This term is used synonymously with “Finding.” Dismissed Complaint A complaint that has been closed by staff due to the case being too far outside the jurisdiction of the Office of Human Rights or because the client has ceased responding to attempted follow-up by staff, prior to the complainant providing enough information to decide if the complaint presents a jurisdictional, prima facie case of discrimination. Dismissed Inquiry An inquiry that has been closed by staff due to the case being too far outside the jurisdiction of the Office of Human Rights or because the client has ceased responding to attempted follow-up by staff. Finding A decision made by the Director, based on the evidence presented in an investigative report regarding a complaint of unlawful discrimination, whether there is cause to believe that a violation of the Charlottesville Human Rights Ordinance has occurred. This term is used synonymously with “Determination.” Further Action Steps taken to address a complaint of discrimination that may include informal conciliation, mediation, and investigation. General Contact An incoming contact that involves outreach coordination, event planning, volunteer coordination, or general information. Incoming Contact Any walk-in, appointment, phone call, text message, or email from an individual seeking assistance from the Office of Human Rights. Informal Conciliation A method of resolving a complaint of unlawful discrimination in which the Director engages in an informal dialogue with the complaint and respondent and a non- binding agreement is reached that resolves the complaint to the complainant’s satisfaction. Information A contact in which staff answers questions of a general nature or provides information regarding services, events, or programs. Inquiry An incoming contact involving services provided to an individual by the Office of Human Rights and/or an individual allegation of discrimination that falls outside the jurisdiction of the office, as defined by the Charlottesville Human Rights Ordinance. Term Definition Investigation The formal process of gathering factual evidence regarding a complaint of discrimination. Fact gathering can include interviewing the complainant, respondent, and witnesses. It may also include gathering other evidence such as documents, audio recordings, video footage, or physical evidence. Investigation Activity Any activity associated with the formal investigation of a complaint. Jurisdiction The geographic and legal scope of enforcement authority as defined by the Charlottesville Human Rights Ordinance. Mediation A method of resolving a complaint of unlawful discrimination in which a third-party, licensed mediator facilitates a formal dialogue and negotiation between the complainant and respondent. If mediation is successful, the resulting settlement agreement is a private, legally binding contract between the complainant and respondent that is enforceable through civil action in the appropriate court. Mediation Related Services Any activity associated with the request for or coordination of mediation services, as provided by a licensed third-party mediator, in conjunction with a complaint. Open Complaint A complaint that is still being addressed by the Office of Human Rights. Open Inquiry An inquiry that is still being addressed by the Office of Human Rights. Outgoing Contact All service-related contacts initiated by Office of Human Rights staff. Outreach Coordination Any service related to community outreach regarding service provision, education & awareness, or facilitation & leadership. Prima facie A term used to define whether a complaint presents an actionable allegation of discrimination “on its face.” In a prima facie case, the following criteria must be met: • Complainant was engaged in a protected activity. • Complainant either self-identifies or is perceived by Respondent to be a member of a protected class. • There is testimonial or documentary evidence of a practice or policy to exclude or otherwise adversely treat individuals in Complainant’s protected class. • There are specific harms identified by Complainant, resulting from the alleged discrimination. Term Definition Protected Activity An activity of daily life in which a person who identifies as a member of a protected class can participate without fear of discrimination. The Charlottesville Human Rights Ordinance lists the following activities as protected: housing, employment, public accommodation, credit, and private education. Protected Class A grouping of people, as defined by state and federal law, of which an individual either self-identifies as a member or is perceived to be a member, that is protected from discrimination when an individual is participating in a protected activity. The Charlottesville Human Rights Ordinance lists the following classes as protected: • Age/Elderliness • Childbirth or related medical conditions • Disability • Familial Status (in housing) • Gender Identity • Marital Status • National Origin • Pregnancy • Race • Religion • Sex • Sexual Orientation • Color • Source of Funds (in housing) • Status as a Veteran Public Hearing A service provided by the Human Rights Commission and coordinated by the Office of Human Rights, as specified by the Charlottesville Human Rights Ordinance, involving the recommendation of remedies related to either a determination of probable cause after the formal investigation of a complaint or a review of a determination of no probable cause for which a complainant seeks an appeal. Referral A recommendation made by OHR staff for an individual to contact another agency in order to address a concern raised during an individual contact with the Office of Human Rights. Respondent An individual, group of individuals, or agency that is named by the complainant in a formal complaint of unlawful discrimination as responsible for a discriminatory act against the complainant. Staff Follow-up An outgoing contact in which staff communicates with an individual who has previously contacted the Office. Term Definition Third-Party Incoming An incoming contact with a person other than the individual Contact directly involved with an inquiry or complaint being discussed. Third-Party Outgoing An outgoing contact with a person other than the individual Contact directly involved with an inquiry or complaint being discussed. The person directly involved must give verbal or written consent for staff to initiate a third-party outgoing contact. Unlawful Discrimination The denial of a person’s opportunity to engage in a daily life activity that is protected by law. Office of Human Rights CY2021 Individual Service Provision Data Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Open office days in the month 22 20 21 22 23 20 22 22 20 23 19 18 252 Total Incoming & Outgoing Contacts 171 139 145 133 197 272 307 287 330 442 307 229 2959 Total Incoming Contacts 83 70 71 68 131 176 195 210 238 308 237 175 1962 Average Incoming & Outgoing Contacts/Day 8 7 7 6 9 14 14 13 17 19 16 13 12 Average Incoming Contacts/Day 4 4 3 3 6 9 9 10 12 13 12 10 8 Referrals from Sin Barreras 0 0 0 0 0 0 0 0 0 0 0 0 0 Contacts in Spanish 0 1 3 9 6 6 3 4 0 9 5 0 46 Total Staff Follow-ups (Outgoing) 49 33 30 30 39 45 48 32 48 49 39 29 471 Total Third-Party Contacts (Outgoing) 39 36 44 35 27 51 64 45 44 85 31 25 526 Total Client Follow-ups (Incoming) 45 34 36 27 65 120 105 127 154 157 131 102 1103 Total Third-Party Contacts (Incoming) 28 28 19 30 45 40 73 54 74 130 86 64 671 Total General Contacts (Incoming) 3 4 3 4 6 12 11 15 2 8 12 4 84 Total New Inquiries (Incoming) 6 3 12 7 14 4 5 11 8 12 6 4 92 Total New Complaints (Incoming) 1 1 1 0 1 0 1 3 0 1 2 1 12 Total Allegations (Both I&C) 2 1 1 1 4 1 1 5 1 8 4 3 32 Total I&C: Locality - Cville 6 3 5 3 12 3 5 9 4 6 3 3 62 Total I&C: Locality - Albemarle 1 0 1 2 0 0 0 0 1 0 1 0 6 Total I&C: Locality - Other or Not Specified 0 1 7 2 3 1 1 5 3 7 4 2 36 Total Inquiries: P.A. - Employment 0 0 1 1 2 0 0 1 1 2 3 2 13 Total Inquiries: P.A. - Housing 6 3 8 5 8 1 5 4 3 5 2 1 51 Total Inquiries: P.A. - Public Accommodation 0 0 1 1 0 0 0 2 1 2 0 1 8 Total Inquiries: P.A. - Credit 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Inquiries: P.A. - Private Education 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Inquiries: P.A. - Other (Unprotected) 0 0 2 0 4 3 0 4 3 3 1 0 20 Total Complaints: P.A. - Employment 0 1 0 0 1 0 1 1 0 0 1 0 5 Total Complaints: P.A. - Housing 1 0 0 0 0 0 0 1 0 1 1 1 5 Total Complaints: P.A. - Public Accommodation 0 0 1 0 0 0 0 0 0 0 0 0 1 Total Complaints: P.A. - Credit 0 0 0 0 0 0 0 1 0 0 0 0 1 Total Complaints: P.A. - Private Education 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total employment discrimination allegations 0 1 0 1 1 0 1 1 0 2 2 1 10 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Employment allegations in Charlottesville 0 1 0 0 1 0 1 1 0 1 1 0 6 Employment allegations in Albemarle Co. 0 0 0 1 0 0 0 0 0 0 0 0 1 Emp. allegations in Cville referred to EEOC 0 0 0 0 0 0 0 0 0 0 0 0 0 Emp. allegations in Alb. Co. ref. to EEOC 0 0 0 0 0 0 0 0 0 0 0 0 0 Total housing discrimination allegations 2 0 0 0 2 1 0 1 0 4 2 1 13 Housing allegations in Charlottesville 2 0 0 0 0 1 0 1 0 4 1 1 10 Housing allegations in Albemarle 0 0 0 0 0 0 0 0 0 0 0 0 0 Total public accommodation discrimination allegations 0 0 1 0 0 0 0 2 1 2 0 1 7 Public accommodation allegations in Cville 0 0 1 0 0 0 0 1 0 0 0 0 2 Total credit discrimination allegations 0 0 0 0 0 0 0 1 0 0 0 0 1 Credit allegations in Charlottesville 0 0 0 0 0 0 0 0 0 0 0 0 0 Total private education discrimination allegations 0 0 0 0 0 0 0 0 0 0 0 0 0 Private education allegations in Charlottesville 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Other (Unprotected) activity allegations 0 0 0 0 1 0 0 0 0 0 0 0 1 Total I&C: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Disability 1 0 1 1 1 0 1 0 0 1 1 1 8 Total I&C: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - National Origin 0 0 0 0 0 0 0 2 1 0 0 0 3 Total I&C: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Childbirth or Related Medical Conditions 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Race 1 1 0 1 0 0 1 3 0 2 1 0 10 Total I&C: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Sex 0 0 1 0 2 0 0 1 0 0 1 0 5 Total I&C: P.C. - Gender Identity 0 0 0 0 0 0 0 0 1 0 0 0 1 Total I&C: P.C. - Sexual Orientation 0 0 0 0 0 0 1 0 0 1 0 0 2 Total I&C: P.C. - Source of Funds 1 0 0 0 0 0 0 0 0 0 0 0 1 Total I&C: P.C. - Veteran Status 0 0 0 0 0 0 0 0 0 0 0 1 1 Total I&C: P.C. - Not specified 4 3 12 5 12 4 4 8 4 7 6 2 71 Total I&C: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 1 2 2 0 1 6 Total Counseling Contacts 17 21 17 8 18 20 18 16 6 10 6 9 166 Total Employment Counseling 0 0 0 1 1 0 1 1 0 2 2 3 11 Total Housing Counseling 17 21 16 6 12 18 12 13 4 7 3 6 135 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total Public Accommodation Counseling 0 0 0 1 0 0 0 1 1 0 0 0 3 Total Credit Counseling 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Private Education Counseling 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Other (Unprotected) Counseling 0 0 1 0 5 2 5 1 1 1 1 0 17 Total Contacts resulting in Referrals 2 4 5 2 5 0 6 4 2 1 0 3 34 Referrals to CSRAP 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to LAJC 0 0 0 0 2 0 0 1 1 0 0 2 6 Referrals to CVLAS 0 1 0 0 1 0 0 0 0 0 0 2 4 Referrals to PHA 1 0 0 0 0 0 1 0 0 0 0 0 2 Referrals to EEOC 0 0 0 0 1 0 0 0 0 0 0 0 1 Referrals to DPOR 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to Other 2 3 5 2 4 0 5 4 1 1 0 1 28 Total Employment Complaints: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Disability 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Race 0 1 0 0 0 0 1 1 0 0 1 0 4 Total Employment Complaints: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Sex 0 0 0 0 1 0 0 0 0 0 1 0 2 Total Employment Complaints: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Sexual Orientation 0 0 0 0 0 0 1 0 0 0 0 0 1 Total Employment Complaints: P.C. - Veteran Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Disability 0 0 0 0 0 0 0 0 0 1 1 1 3 Total Housing Complaints: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total Housing Complaints: P.C. - Race 0 0 0 0 0 0 0 1 0 0 0 0 1 Total Housing Complaints: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Source of Funds 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Housing Complaints: P.C. - Veteran Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Disability 0 0 1 0 0 0 0 0 0 0 0 0 1 Total Pub. Accom. Comp.: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Race 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Sex 0 0 1 0 0 0 0 0 0 0 0 0 1 Total Pub. Accom. Comp.: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Veteran Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Open Inquiries 17 Total Closed Inquiries 75 Total Dismissed Inquiries 0 Total Open Complaints 6 Total Closed Complaints 4 Total Dismissed Complaints 2 Primary Service: Appointment Set-up 3 2 1 0 8 19 11 2 3 3 5 3 60 Primary Service: Clerical Assistance 0 5 1 0 3 13 18 3 0 1 0 0 44 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Primary Service: Counseling 17 21 17 8 18 20 18 16 6 10 6 9 166 Primary Service: Event Information 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Investigation Activity 7 27 39 33 35 12 22 18 23 14 4 6 240 Primary Service: Information 144 84 87 87 129 208 227 240 292 404 268 202 2372 Primary Service: Mediation Related Services 0 0 0 5 4 0 11 8 6 10 24 9 77 Primary Service: Outreach Coordination 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Public Hearing 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Volunteer Coordination 0 0 0 0 0 0 0 0 0 0 0 0 0