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RIGHTS STUFF
A Publication of the City of Bloomington Human Rights Commission
April 2023 Newsletter
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Featured in this Newsletter: | |
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Get to Know Your BHRC: Tonda Radewan
Fair Housing
- HUD Restores "Discriminatory Effects" Rule
- HUD Secretary Fudge Pens Open Letter on Addressing Junk Fees That Renters Face
Racial Discrimination
- Man Files Federal Complaint Alleging Racial Discrimination in Cincinnati Property
- Federal Jury Finds Kentucky Woman Guilty of Mailing Threatening Communications to Neighbors Because of Their Race
Sexual Discrimination
- Justice Department Files Sexual Harassment Lawsuit Against Michigan Rental Property
Accessibility/Disability Issues
- EEOC Sues Innovative Services NW for Disability Discrimination
- Lawsuit Claims South Dakota City Breaking Americans with Disabilities Act Law
Fair Employment
- EEOC Issues Federal Workforce Report for 2020
- EEOC Sues Walmart for Firing Deli Worker with Crohn's Disease
- Lilly Ledbetter Fair Pay Act of 2009
Book of the Month
TED Talk
Complaint of Discrimination
Commission/Staff
- About the Commission
- Upcoming Meetings
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Get to Know Your BHRC: Tonda Radewan | |
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Bloomington Human Rights Commissioner Tonda Radewan
Commissioner Tonda Radewan moved to Bloomington from Detroit, MI in 1999. She has been involved in the community in various volunteer capacities and through her work with:
- The Eviction Prevention Project
- District 10 Pro Bono Project
- Girl Scouts of Central Indiana
- South Central Indiana Housing Opportunities
- Attorney Rudy Savich
- WFHB Community Radio
Q: Why did you want to serve on the BHRC?
A: I've spent most of my adult life advocating for and providing services to people experiencing hardship and injustice related to racial and socio-economic factors. To me, serving on the Commission is a continuation of that work.
Q: What are the issues you wish to address?
A: I would like to continue to educate the public of their rights, responsibilities, and protections under the Fair Housing Act. Particularly in Bloomington where over 70% of the housing is rental property and there are plans underway for large-scale housing developments in the surrounding areas.
Q: What else do you do in your job/life that is relevant/connected to the work on human rights?
A: The past four years I have been heavily involved in developing a program that provides legal, mediation, and social services referrals to Bloomington and Monroe County tenants and pro se (unrepresented) landlords concerning evictions. Additionally, in 2008, I began providing non-attorney support to low-income individuals navigating creditor collections and mortgage foreclosure actions.
Q: What makes the City of Bloomington a great place to live for you?
A: We have a robust creative community with venues showcasing local talent and touring regional and national acts. Bloomington is also home to community radio station WFHB, which is celebrating its 30th year on the air, with a history of programming that supports sustainable living and environmental stewardship. Bloomington is also one of the few cities in Indiana requiring that rental housing pass an inspection for safety and habitability standards.
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April is National Fair Housing Month!
This year, we commemorate the 55th anniversary of the passage of the Fair Housing Act, the landmark civil rights law signed by President Lyndon B. Johnson on April 11, 1968, that made discrimination in housing transactions unlawful. The Fair Housing Act prohibits discrimination in housing because of race, color national origin, religion, sex (including gender identity and sexual orientation), disability, and familial status. For more information about your fair housing rights, visit Fair Housing and Equal Opportunity.
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HUD Restores "Discriminatory Effects" Rule
Department to rescind 2020 Fair Housing Act rule and restore 2013 policy to eradicate discriminatory practices from housing market
The U.S. Department of Housing and Urban Development (HUD) has submitted a Final Rule to the Federal Register, restoring the same guidelines as the 2013 discriminatory effects rule. The Final Rule will re-emphasize the consistency of the implementation of the Fair Housing Act in courts and agency to assist in eliminating discriminatory practices from the housing market.
According to HUD Secretary Marcia L. Fudge, there continues to be discrimination in housing for individuals of color and persons with disabilities in regards to obtaining equal access to rental homes as well as mortgages. The Discriminatory Effects Rule will address policies that cause systemic inequalities in housing, regardless of the intent of those policies. This Rule is essential for the Biden-Harris administration's goal of eliminating discriminatory practices in the housing market and is more straightforward in identifying and addressing those inequities than the 2020 rule.
The Final Rule will go into effect 30 days after publication in the Federal Register. For more information, visit this HUD Fact Sheet: tinyurl.com/HUDFinalRuleFacts
For More Information: tinyurl.com/HUDFinalRuleArticle
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HUD Secretary Fudge Pens Open Letter on Addressing Junk Fees That Renters Face
HUD Secretary Marcia L. Fudge published an open letter urging housing providers and government entities to adopt fee-related policies to foster a fairer and more transparent rental market.
On March 7, Secretary Fudge requested changes to be made to the rental market policies on both a civil and governmental level. These changes are suggested as a part of the effort to comply with President Biden's urging to eliminate "junk fees" across the economy. In her letter, Secretary Fudge suggests:
- Eliminating or reducing application fees, limiting their use to minimal charges necessary to cover actual costs for services;
- The allowance for one application fee to cover multiple applications when multiple properties are managed by one company or provider;
- Eliminating excessive fees at all stages of the leasing process; and
- Identifying solidified amounts needed for tenants to move in, as well as monthly rental charges and fees, in advertisements and lease documents.
For More Information: tinyurl.com/HUDRentalLetter2023
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Man Files Federal Complaint Alleging Racial Discrimination in Cincinnati Property | |
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A Low Appraisal Raises Eyebrows and Complaints
Long-time landlord, Terry Horton, has dedicated his three-unit rental property in the North Avondale neighborhood to Black, single mothers who rely on Section-8 housing. Mr. Horton began looking to purchase a large vacant property in the South Cumminsville neighborhood in February of 2022 with the intent on turning the property into a development that would include a grocery store and two more low-income housing units that would be utilized in the same manner as his other property. When he attempted to refinance the Avondale property, the lender estimated the value at $500,000. The appraisal, however, came in at only $359,000. Additional appraisals by other companies came in at higher values, but the dramatic increase in interest rates during the wait time prevented Horton from purchasing the Cumminsville property. The issue? Terry Horton and his tenants are all Black and the appraiser was White, leading Mr. Horton to believe that race came into play during the appraisal.
Mr. Horton's complaints mirror those of other Black property owners nationwide who claim that white appraisers (who make up 97% of the appraisers across the country) are consistently providing low valuations on their homes. A Depression-era practice called Redlining, which denied mortgages to people of color within certain neighborhoods, still brings home valuations down in predominately Black neighborhoods.
Mr. Horton took steps to bring attention to his situation by filing a dispute form with Appraisal Nation, but the valuation remained unchanged. Further action by Mr. Horton then included partnering with the reinvestment coalition, which aims to create generational wealth in low-income communities, and filing a complaint with the U.S. Department of Housing and Urban Development (HUD). The complaint details inaccuracies, such as a misrepresentation of the square footage of the property, misrepresentation of the number of bedrooms in each unit, and miscalculation of Horton's monthly income. If HUD determines there is cause to suspect discrimination, the case could move to either an administrative law judge within the agency or a federal judge.
For More Information: tinyurl.com/HUDAppraisalArticle
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Federal Jury Finds Kentucky Woman Guilty of Mailing Threatening Communications to Neighbors Because of Their Race | |
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Suzanne Craft, 54, of Louisville, was found guilty by a federal jury on 5 counts of mailing threatening communications. For each of these counts, it was further found that the communications were sent due to the actual or perceived race or color of her neighbors. Sentencing is scheduled for June 21 and Craft will remain in federal custody pending that hearing before a U.S. District Judge for the Western District of Kentucky. Craft faces a maximum sentence of 25 years in prison without parole.
The FBI and U.S. Postal Inspection Service (USPIS) worked in conjunction with the assigned prosecutors for the investigation and trial and were all commended by U.S. Attorney Michael A. Bennett for their efforts.
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Justice Department Files Sexual Harassment Lawsuit Against Michigan Rental Property | |
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The U.S. District Court for the Eastern District of Michigan has filed a sexual harassment lawsuit against Mohamad Hussein, a landlord managing over two dozen rental properties in Dearborn Heights, MI. Hussein is alleged to have subjected current and prospective female tenants to sexual harassment on multiple occasions since 2017, with the most incidents having occurred during the height of the COVID-19 pandemic in 2020 as housing became harder to secure.
The US. Attorney for the Eastern District of Michigan has promised collaboration of the District's Civil Rights Unit and the Justice Department's Civil Rights Division in investigating and pursuing violations of the Fair Housing Act in this case. The Sexual Harassment in Housing Initiative was launched by the Justice Department in October of 2017, focusing on addressing and raising awareness about sexual harassment by anyone who has control over housing. The Initiative has resulted in 29 lawsuits of alleged harassment in housing since its launch and recoveries of over $9.8 million for victims. This particular lawsuit is seeking monetary compensatory damages, civil penalties, and a court order which would bar future discrimination.
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ACCESSIBILITY/DISABILITY ISSUES | |
EEOC Sues Innovative Services NW for Disability Discrimination | |
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A non-profit company in Vancouver, Washington that provides programs for persons with disabilities violated federal law by refusing to accommodate an employee with a hip impairment and ultimately firing the employee.
Carly Romero, a 7-year employee of Innovative Services NW (ISNW), was commended on her work ethic and performance many times in the past, but a degenerative hip impairment resulted in her doctor placing restrictions on her work. Romero requested to utilize an upright vacuum, rather than a backpack vacuum, as a reasonable accommodation upon her request to return to work following medical leave. Knowing that other employees had used upright vacuums at other locations, Romero believed this would not be a problem. According to the EEOC's suit, however, ISNW placed Romero on unpaid leave upon her request for accommodation and subsequently fired her 2 months later, stating that anything less than a 100% release from her doctor would be too risky.
After a pre-litigation settlement through a reconciliation process was unsuccessful, the EEOC filed suit in U.S. District Court. Along with back pay, the agency is seeking restitution in the forms of compensatory and punitive damages, as well as injunctive relief to prevent further discriminatory practices in the future. The lawsuit is focusing on the ADA regulation which states that an employer must provide reasonable accommodations to employees or applicants with a disability, as long as the reasonable accommodation does not put undue burden on the employer.
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Lawsuit Claims South Dakota City Breaking Americans with Disabilities Act Law | |
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The City of Sioux Falls, as well as Mayor Paul TenHaken, are being sued for numerous claims of Americans with Disabilities Act (ADA) violations. Robert Elliot, a resident of Sioux Falls who utilizes a motorized wheelchair, claims the city does not have or neglects to maintain public facilities compliant with the ADA. The suit also claims that access ways, sidewalks, and roads are not kept up to code and are not fully accessible to and able to be utilized by disabled persons without the use of assistance.
Over 4,400 ADA violations have been reported to the City of Sioux Falls in the last three years. These violations have not been resolved or addressed within the required time frame allowable under the ADA. The City has cited the receipt of several million dollars in COVID funds in 2021 for infrastructure aid, but has neglected to spend any of the relief funds on ADA compliance.
For More Information: tinyurl.com/SiouxFallsADASuit
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EEOC Issues Federal Workforce Report for 2020 | |
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Hispanic Women and People with Disabilities Show Gains; Retaliation Tops Complaint Bases
The annual (fiscal year) report for the federal government's workforce in 2020 was released, showing persistent inequities in Equal Opportunity Employment (EEO) efforts despite significant progress. A new format to this report has assisted in identifying more specific statistics:
- Over 14,000 formal EEO complaints were made, with over 1/2 of those being due to age or physical disability.
- The total number of cases found to be discriminatory increased from 175 to 244 from 2019 to 2020, respectively.
- Most races and ethnicities are better represented in the federal workforce than in the civilian labor force (CLF). The employment of Hispanic/Latina women increased by .7% from FY 2016 to FY 2020.
- Race/Ethnicity groups less represented than the CLF include white women, white men, and women of two or more races.
- Employment of persons with disabilities increased, with 9.45% of the federal workforce identified as persons with disabilities (PWD) and 1.84% identified as persons with targeted disabilities (PWTD).
For More Information: tinyurl.com/EEOCFederalReportArticle
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EEOC Sues Walmart for Firing Deli Worker with Crohn's Disease
The EEOC has filed a lawsuit against Walmart for firing an employee with Crohn's disease after allegedly refusing to allow her to take a disability-related leave. Adrian Tucker of North Carolina, who was employed by Walmart for 3 years, was fired for violating Walmart's attendance policy in 2017. The complaint states that Tucker requested intermittent leave or a new position closer to a bathroom to accommodate her disability and those accommodations were rejected.
Walmart reportedly did excuse some of Tucker's disability related absences, but did not excuse several others, including a hospitalization. The EEOC is seeking monetary relief in the forms of back pay, compensatory and punitive damages, as well as injunctive relief against Walmart to prevent further discrimination.
For More Information: tinyurl.com/WalmartEEOCLawsuit
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Lilly Ledbetter Fair Pay Act of 2009
The Lilly Ledbetter Fair Pay Act of 2009 ("Act") was enacted on January 29, 2009, by President Obama. The Act overturned a 2007 decision by the Supreme Court which restricted the time period for filing complaints of employment discrimination regarding pay and compensation. The Act reinforces the EEOC's position that every paycheck that indicates discriminatory compensation is its own violation and contains a retroactivity provision.
Discriminatory compensation that would be addressed by the Act could include:
- Base Pay or Wage inequity
- Job Classifications
- Career Advancement
- Denial for Promotion
- Denial for Tenure
- Unresponsiveness Regarding Pay Raises
To view Lilly Ledbetter's account of her amazing journey in the EEOC, access the video: tinyurl.com/LillyLedbetterVideo
For More Information: tinyurl.com/FairPayEEOC
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The Voucher Promise
by Eva Rosen
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Section 8, the Nation's largest housing aid program, assists over two million households across the country. The vouchers are intended to assist the poor with providing more choices when it comes to neighborhood selection and subsequently school districts and even better jobs. Eva Rosen dives deep into this program and its recipients in The Voucher Promise.
Rosen spent over a year living in Park Heights, Baltimore, Maryland, getting to know its residents, examining the process of obtaining new housing for Section 8 recipients, and even speaking with landlords. She sheds light on the shortcomings of the program, while still maintaining its necessary nature.
You may purchase The Voucher Promise on Kindle for $9.99: tinyurl.com/AmazonVoucherPromiseKindle
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"You Don't Have To Leave Your Neighborhood
To Live In a Better One"
by Majora Carter
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Bronx native Majora Carter recognizes how difficult it is to buy and own property when you are coming from a struggling community. Between gentrification and stagnant efforts from the government, residents of these neighborhoods believe they have to abandon their roots to be successful. In her TED talk, she presents a fresh economic approach to capitalism that could save struggling neighborhoods and displaced urban residents. | |
Complaint of Discrimination | |
How Do I File a Complaint of Discrimination? | |
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If you feel you have been discriminated against within the City limits, you can contact the BHRC by calling (812) 349-3429 or by emailing us at human.rights@bloomington.in.gov. Or you can submit an online initial intake form and someone will get back to you as soon as possible.
If the alleged discrimination occurred outside of the city limits but within Monroe County, you can contact the Monroe County HRC by calling (812) 349-2525, or emailing the MCHRC at mslk@co.monroe.in.us. Or you can submit an online initial intake form and someone will get back to you as soon as possible.
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About the Commission/Staff | |
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The mission of the Bloomington Human Rights Commission is to enforce the Bloomington Human Rights Ordinance in a fair and timely manner, to educate community members about their rights and responsibilities under various civil rights laws and to advocate for changes in policies and law. The BHRC is also responsible for ensuring covered bidders comply with the City's affirmative action requirements and for issuing reports on bias incidents and hate crimes in our community.
The BHRC is made up of seven volunteer commissioners, four appointed by the mayor and three by the common council. They all serve two-year terms, The commissioners oversee the work of the BHRC and make policy decisions. When a complaint is filed with the BHRC, one of the commissioners investigates the complaint, along with the director. The BHRC staff is made up of a director and an assistant.
Commission Members:
- Byron Bangert
- Carolyn Calloway-Thomas, Secretary
- Valeri Haughton-Motley
- Eric McAlister, Vice Chair
- Tonya Radewan
- Ryne Shadday, Chair
Staff:
- Michael Shermis, Director
- Ashley Sparks, Assistant
Look over information about Bloomington Human Rights Commission, including meeting minutes and agendas, or contact Human Rights Commission Director Michael Shermis at human.rights@bloomington.in.gov or 812.349.3429.
BHRC
P.O. Box 100
Bloomington, IN 47402
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Commission meetings are on the third Mondays of the month and are open to the public. Please join us! Meetings are held in the Hooker Room (401 N. Morton Ave.) and online via Zoom if requested in advance. Contact human.rights@bloomington.in.gov for the Zoom link.
- Monday, April 17, 2023, 5:00 p.m.
- Monday, May 15, 2023, 5:00 p.m.
- Monday, June 19, 2023, 5:00 p.m.
We look forward to seeing you! For more information....
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City of Bloomington | Bloomington Human Rights. Commission | 812-349-342
human.rights@bloomington.in.gov | bloomington.in.gov/boards/human-rights
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