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HomeMy WebLinkAbout06/24/1981 and 06/26/1981 No Fault Training Condensed Report — No Fault Training — June 24 & 2.6 — Mn State Dept. of HR Agenda June 24th 1. Coverage of the Human Rights Act 2. Jurisdictional elements 3. The legal limits of enforcement 4. Dealing with grievants andrespondents • 5. 'Dealing with the Department 6. Dealing with the public 7. Quiz Coverage of the Human Rights Act The HRA breaks down into six areas of coverage; education, employment,real property, public accommodations, public services, and credit. In each area the protected. classes differs from the others, i.e. sex is a protected class in all catogories but age is a protected class in education and employment only. There and also many exemptions to the HRA so when ever you are dealing with the HRA dont be afraid to pick up a copy of the act and refer to it. Jurisdictional elements There are three elements that must be met for us to have jurisdiction a. Time— did it happen within the last six months, if the time of the occurance is between four to six month- refer it to the State Dept. of HR right away. b. Subject matter— is the problem covered by the HRA c. Geography— did this problem occur in our city if it did not happen in Maplewood refer the person to the HR commission in the city that the incedent occured in or else to the State Dept. of HR. The legal limits of enforcement 'Then a person files with us we must let them know that we lack any power to order people to respond to us, we can not force the resaondant to do anything. We act informally in trying to settle the matter. If we can not settle the matter we should refer the grievant to the St-Ao Dent. of HR. Charging parties mush provide the prove. Dealing with the grievants and respondants With grievants they must be willing to sign a charge, must inform them of the time element that we are dealing with. With respondants we must let them know the name of the person filing the charges and what the charges are, That they don't have to partake in the process, that the grievant still has the option to filo a charge with the • state if they want to. We must let both the grievants and respondants knor that we are an informal process in settling the problem and that we can not force anyone topartake. Dealing with the Department The person we should talk to at the State Dept. of HR is Susan Anderson, she is in charge of the intake unit, Susan will be able to answer any questions that we have. Dealing with the public When working on a case we must try to keep everything confidential, but because all city files must be available to the public any one can come in and requst to see our files. So when we are done with a case we should send all our information to the State Dept. of HR so they can keep it confidential. Agenda J666 26th 1. Review, questions from previous session 2. Negotiation techniques 3. Procedure review 4. Process simulation 5. Discussion, evaluation and wrap—up Negotiation techniques Negotiation betweenboth sides when both nnrtius rg*rce to cooporato and settle the problem informally. Some things to keep in mid during_ this process; a. Define the universe of the possible remedies. —what ever it takes to get the grievant reenstn.ted to his original postion this could mean rehiring the person if fired, payment of back wages,- etc. —change in company polices. —problems can be resolved with out the payment of a dime. lX0 punitive fine to be paid to the grievant. —a settlement could be made in a lump sun. b. Best of all possible worlds find out what both sides would like to see for a settlement and what they would be willing to comprimise on. c. Principle of least interest do/lit get carried away with trying to settle things, let the grievant and respondant do the work.