City of Atlanta
Human Relations Commission
Summary: The City of Atlanta has established
a Human Relations Commission (HRC) to promote mutual respect and
understanding within the city of Atlanta. The HRC investigates and
hears complaints regarding discrimination, makes recommendations
on how to resolve such complaints, and initiates activities in keeping
with its mission.
Statutory
Purpose: Recognizing the need for a permanent body on human
relations, the Atlanta City Council created the HRC as a “vehicle
for addressing illegal discrimination in public accommodations,
private employment, and housing within the City.” The prohibited
forms of discrimination involve race, color, creed, religion, sex,
domestic relationship status, sexual orientation, national origin,
gender identity, age, and physical disability.
Policy: The City of Atlanta has adopted a Human Relations Code to
protect the public welfare, health, peace, and safety within the
city regarding open public accommodations, equal employment
opportunity, and fair housing.
Membership: The HRC consists of seven members with three-year,
staggered terms. Two are appointed by the Mayor of Atlanta, two by
the President of the Atlanta City Council, and three by the at-large
Members of the Council. No
member can serve more than two consecutive terms. The membership of
the HRC is intended to reflect the diversity of the people protected
under the ordinance. The HRC elects its own officers. The City’s
Law Department provides legal assistance, and the Mayor’s Office
of Constituent Services provides administrative support.
Current Members of the HRC: Ms.
Karen Patten, Chair; Mr. Scott Walker, Secretary; Mr. Stephen Brodie;
Dr. Fernando A Gonzalez; and Mr. Joseph G. Martin, Jr.
Specific Functions: The HRC focuses its efforts on the elimination
of discrimination in public accommodations, private employment, and
housing. Some of its functions are as follows:
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Receive,
investigate, and make recommendations to the Mayor and the
appropriate City agency for the resolution of complaints
alleging discrimination, including racial profiling,
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Initiate actions to
test, investigate, and file complaints regarding violations of
the Human Relations Code,
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Conduct studies and
recommend needed ordinances and resolutions,
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Develop human
relations plans and policies for the City of Atlanta,
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Investigate
conditions that may lead to tension and conflict among racial,
religious, and national groups and recommend remedial actions as
may be needed, and
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Convene conferences
on public accommodations, private employment, and housing and
work with leaders in these fields in developing programs of
voluntary compliance and enforcement of the Human Relations
Code.
Procedures: Any person or organization claiming to be aggrieved by a
discriminatory practice occurring within the City of Atlanta may
file a complaint with the HRC. The complaint must be submitted in
writing to the Director of the Mayor’s Office of Constituent
Services on a form provided by the HRC or “any paper suitable for
a complaint” within 180 of the days of occurrence of the alleged
unlawful discriminatory act. The Mayor’s Office of Constituent
Services maintains a list of information which must be included in a
complaint. If the alleged activity is of a continuing nature, the
date of its occurrence will be deemed to be any date subsequent to
its inception, up to the date of its cessation. The person filing
the complaint must promptly deliver a copy of the complaint to the
alleged offender and other “necessary “parties as determined by
the HRC.
Within
30 days after receiving a complaint, the Director of the Mayor’s
Office of Constituent Services will conduct an initial investigation
and report the findings to the HRC. The HRC will receive the report
and attempt to eliminate the alleged practice by conference,
conciliation, or persuasion. The
HRC may also, at its option, continue the initial investigation to
obtain additional information, or conduct a hearing. The respondent
will have the opportunity to file a written answer to the complaint
at least three business days prior to the hearing.
The
Chair of the HRC may request the Committee of Council of the Atlanta
City Council to issue subpoenas on behalf of the HRC to compel the
production of records or the appearance of witnesses.
After
conducting a hearing, the HRC will issue findings of fact, its
decision, and, in the discretion of its Chair, an opinion with the
reasons for the decision. The Mayor and the appropriate department
of City government will have 30 days in which to respond to the
HRC's findings.
Enforcement:
In the event of a finding of discrimination in violation of the
Human Relations Code, a letter may be sent asking the alleged
offender to desist from the actions cited in the complaint. In
addition, the Mayor may take any of the following actions:
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Inquire whether due cause exists to revoke a professional or
business license issued by the City or a contract with the City,
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Ask any City agency to investigate whether the alleged offender
has violated any other City ordinance, and
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Request any appropriate community agency to investigate whether
the alleged offender has violated any state or federal
law.
Within
one year after a conciliation agreement or decision, the HRC will
investigate whether the respondent is complying with the terms of
the agreement or recommendations.
Other Remedies: In addition to filing a complaint with the HRC, an
aggrieved person may seek prosecution of alleged violations of the
Human Relations Code in Atlanta Municipal Court; but if the person
filing the complaint agrees to a conciliation agreement, the basis
of an ordinance violation is limited to the enforcement of the terms
of the agreement or settlement.
The
filing of a complaint with the HRC does not invalidate, restrict, or
deny any right or remedy a person may have under state or federal
law or preclude any cause of action in court for the violation of
anyone's civil rights.