Vote Tuesday, August 5
YORK - The ichi-
gan Civil Right Commission
like other state agencie charg
ed with safeguarding civil rights
are falling down on the job of
enforcing anti-di rimination
law a study by the American
Jewish Congre has found.
An 82-p e report stemming
from the udy ays the enci
have compiled at be a medio
cre record of accomplishment
becau they are not funded
adequately, employ unqualified
personnel, f' to commen
enforcemen . n on their 0
initiative, refu to introduce
. or folio time lirlii I in resolv-
ing ca and lac streamlined
dministrative structure.
The ..American Jewish Con
gJ1 report, entit d 'State
Civil Rights Agencies: The
Unfulfilled Prom' ," include
data compiled by the regional
offices of the J e ish organi-
zation. Seven state were
covered: Georgia assa-
chusetts i higan, is uri,
ew York, Ohio and Pennsyl
vania.
In me case the report
notes incomplete data resulted
from the reluctance of me
ate gency staffs to disclo
information about the agency
that might be interpreted un
favorably.
ost tate encies tend to
ignore time limit on ca
In ichigan the aver ge time
for a complaint to be proce d
from filing to hearin i four
years. one of the state agen
cie studied operate in uch a
fa . n a to provide a final
djudication of mo t com
plaints in le than a year, the
survey found.
Another we ness cited in
the report i the failure of the
human righ t enci s to t
up formal guideline for deter
mining whether there is 'pro
b ble cau " to pursue a com
plaint. In mo t state it notes
the number f complaints dis
mi d for I ck of probable
cau is bout 50 percent.
Wh.il c ow ledging that a
"significant number of filed
10 complaint are no doubt fri-
z
volous," the rep rt charge th t
the dismissal by the encies
of half of all filed complaint
" ems more of a comment
On the I k of riousne s of
the tate a encies than on the
nature of the complaint . '
The udy al found that
for the yen ates studied,
an avera e of only 7 percent
of filed complaints are ever
formally adjudicated, ranging
from 2 percent in Mas hu tts
to 12 percent in OIU. "Thus,"
the report ob rve, "if you are
em y pro-
ject man er, there is about a
1 in 10 chance that any di -
crimination charge filed ainst
you will reach a formal djudi
cati n not to mention the
le r chance of an unfavor
able deci ion."
These odds, the analysi says
seriously reduce th incentive
for the party charged with di -
crimination to reach a ttle
ment through rious negoti
ation. In ddition, fear of a
ssible complaint being filed
becomes negligible a deter
rent against vi lations of anti
di rimination law , the rep rt
add .
CRITICIZES PASSIVE
ROLE
The sharpest criticism is re-
rved for the policy of the
enforcement encies to t e
t 0 pas . e a role in combattin
discrimination. It contend that
they view their ta s on of
waiting for individuals to file
complaint rather than commen
cing enforcement acti n on their
own initiative as most are
empowered to do.
oreover, while a fe states
1 e i ouri till have n t
granted civil rights encies th
uthority to bpoena record
or witne mo f the tate
enci s do h ve that legal
power, yet there i no indic t-
Ion that they have u d it
dequately the r port y.
The AD ongre d
offer th followin
for improved tate
enforcement of anti-di
tion law:
Ina
ed item . ile ac n led ing
that every tate a en y c uld
benefit from bud et in rea s
the report y that the tares
should not thro m ney' at
the en ies haphazardly bu t
target cific items, such
investigator' salari to enable
them to attract more highly
qualified and effi . nt
Impro e Staff Quali .
inefficiency and incompetence
ex erb ted by turnover rate
of SO percent or more is
major ob t cle to enforcin
anti-di rimination legisl tion.
ttracting and eeping highly
qualified p r nnel sit uld be
, a fir priority." Int e
officer and inve i t r hand
ling complaint sh uld be well
vet: d in agency rule, pro
cedure and the pr vi i n of
stat civil right legi ati n and
able to e plain them t c m
plainants and th ac u d f
di rimination.
. Dem d more or u en
forcement. Political pre re
at the ate level sh uld be
enerated by th civil right
community to for e more
ressiv a tion by the tat
a encies. They sh uld b
required to initiate complaints
on their 0 n, as ell a pro-
ces filed by individual
mplainant . The gencie
uld al be pre d to in-
the number of public
their
ructur .
In
. tiona)
t te ,
2
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August 03, 1986 - Image 1
- Resource type:
- Text
- Publication:
- Michigan Citizen, 1986-08-03
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