Human Rights Commission
The Human Rights Commission consists of nine at-large members appointed
by the Board of County Supervisors (BOCS). Commissioners advise the
BOCS on issues pertaining to human and civil rights enforcement
and concerns that arise in the community.
Human Rights Ordinance
Prince William County Code
Chapter 10.1
HUMAN RIGHTS
Sec. 10.1-1. Statement of policy.
Prince William County is a community
richly diverse and valued for the heterogeneity of its residents. It is
in the public interest of the county to assure that each citizen is
treated fairly, provided equal protection of the law and equal
opportunity to participate in the benefits, rights, and privileges of
community life. Discrimination deprives the citizenry of the bare
essentials of life and is detrimental to the public welfare, safety, and
health of the community. This ordinance is an expression of the
commitment and support at the local level to continue working towards
the improvement of the quality of life in the county. This ordinance is
established to ensure that protection and enforcement of human and civil
rights for all people living or working in Prince William County by the
elimination of and provisions of remedies for discriminatory practices.
This ordinance is also established to protect citizens of the county
against unfounded charges of unlawful discrimination. (Ord. No. 92-79,
9.1-92)
Sec. 10.1-2. Construction of chapter.
The provisions of this chapter shall be
construed liberally for the accomplishment of the policies herein.
Nothing contained in this chapter shall be deemed to repeal, supersede
or expand upon any of the provisions of any other state or federal law
relating to discrimination because of race, color, religion, national
origin, sex, age, marital status, familial status or disability.
Nothing in this chapter shall prohibit or
alter any program, service, facility, school or privilege which is
afforded, oriented or restricted to a person because of disability or
age from continuing to habilitate, rehabilitate, or accommodate that
person.
In addition, nothing in this chapter shall
be construed to affect any governmental program, law or activity
differentiating between persons on the basis of age, over the age of
eighteen years (i) where such differentiation is reasonably necessary to
normal operation or such activity is based upon reasonable factors
other than age or (ii) where such program, law or activity constitutes a
legitimate exercise of powers of the Commonwealth or the County of
Prince William for the general health, safety and welfare of the
population at large. (Ord. No. 92-79, 9-1-92; No. 99-30, 5-4-99)
Sec. 10.1-3. Definitions.
For the purposes of this chapter:
(1) Bona fide occupational qualification
shall mean a bona fide occupational qualification as defined and
interpreted under the Civil Rights Act of 1964, 42 United States Code
§2000e, et seq., or other applicable federal statute.
(2) Commercial real estate means any land
or improvements, or both, or interest in such land or improvements, that
is offered for sale or lease and that can be used for business, trade,
or professional purposes under existing law or by changes in law
contemplated under the offering, and which is not a dwelling. The fact
that some adaptation of land or improvements, or both must be made after
the same or lease is completed or that licenses or approvals are
necessary to put it into use shall not mean that the land or
improvements cannot be used for business, trade, or professional
purposes, so long as those adaptations, licenses, and approvals are
within the range that persons engaged in a business, trade, or
profession are able to foresee in buying or leasing such property.
(3) Commission shall mean the Prince William County Human Rights Commission ("human rights commission"), as established herein.
(4) Complainant shall mean any person who
files a complaint with the commission, alleging that a violation of this
chapter has been committed.
(5) Complaint shall mean any written
allegation, supported by an affidavit or sworn to before an official
authorized to administer oaths, sufficient to indicate that a named
respondent has committed a violation of this chapter.
(6) County shall mean the County of Prince William, Virginia.
(7) County attorney shall mean the county
attorney or other legal representative appointed by the board of county
supervisors to serve as legal counsel to the commission.
(8) County board shall mean the Board of County Supervisors for Prince William County.
(9) Discriminate or discrimination or
discriminatory shall mean or describe any direct or indirect exclusion,
distinction, segregation, limitation, refusal, denial or any other act
or failure to act or any other differentiation or preference of or for
any person or any other difference in treatment which adversely affects
such person where such discrimination is based on any category or factor
made impermissible by this ordinance.
(10) Dwelling means any building,
structure, or portion thereof, that is occupied or is intended, arranged
or designed to be used or occupied as the home, residence or sleeping
place of one (1) or more persons or families, any vacant land that is
offered for sale or lease for the construction of such building or
structure and includes any interest in a dwelling so defined.
(11) Educational institution shall mean
any nursery, kindergarten, elementary or secondary school, academy,
college, university, extension course or nursing, secretarial, business,
vocational, technical, trade or professorial school, or joint
apprenticeship program. The term "educational institution" shall not
include public schools, colleges, or universities.
(13) Executive director shall mean the
person appointed to the position of executive director of the human
rights commission or the executive director's designated representative.
(14) Party shall mean any complainant or respondent.
(15) Person shall mean any individual or
individuals, partnership, association, corporation, joint-stock company,
labor union, mutual company, trustee in bankruptcy, receiver or other
fiduciary, or the agent, legal representative or employee thereof.
Person shall also mean any person as defined in any federal or state
statute or regulation governing discrimination on the basis of race,
color, religion, national origin, sex, age, marital status, or
disability.
(16) Respondent shall mean any person
alleged in any complaint filed with the commission, or any notice of
investigation issued by the commission, to have violated this chapter.
(Ord. No. 92-79, 9-1-92; No. 99-30, 5-4-99)
Sec. 10.1-4. Unlawful discriminatory practice defined.
Conduct that violates any Virginia or
federal statute or regulation governing discrimination on the basis of
race, color, religion, national origin, sex, age, marital status,
familial status or disability shall be an "unlawful discriminatory
practice" for the purposes of this chapter. (Ord. No. 92-79, 9-1-92; No.
99-30, 5-4-99)
Sec. 10.1-5. Unlawful discrimination.
Pursuant to the authority contained in §
15.1-37.3:8, Virginia Code Ann. it shall be unlawful and a violation of
this chapter for any person, partnership, corporation or other entity as
may be defined in any applicable Virginia or federal statute or
regulation governing discrimination to engage in an unlawful
discriminatory practice. The human rights commission created by this
chapter shall have jurisdiction to enforce this chapter and all state
and federal laws and regulations governing discrimination on the basis
of race, color, religion, national origin, sex, age, marital status or
disability. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-6. Human rights commission.
(a) There is hereby created in the County
of Prince William a Human Rights Commission, hereinafter referred to as
the commission. The commission shall consist of nine (9) members who
shall be residents of the county and broadly representative of the
racial, sexual, religion, ethnic, disabled and age groups in the county.
The members shall be appointed by the board of county supervisors and
shall be entitled to receive such compensation as the board of county
supervisors shall direct. Of the members first appointed, three (3)
shall be appointed for terms of three (3) years, three (3) shall be
appointed for terms of two (2) years, and three (3) shall be appointed
for terms of one (1) year. Thereafter, members shall be appointed for
terms of three (3) years each. Any vacancy shall be filled by the board
of county supervisors for the unexpired portion of a term.
(b) There shall be an executive director
of the commission, who shall be appointed by the board of county
supervisors, upon the recommendation of the county executive, and who
shall serve full time in that capacity. The executive director will be
responsible for and report to the human rights commission in the
day-to-day operational conduct of the commission's activities. The
commission may delegate to the executive director any authority it deems
necessary to the executive director’s efficient intake, processing,
investigating and determining any charge of unlawful discrimination
coming before the commission. The executive director will report
directly to the county executive for administrative and fiscal matters.
The county executive shall delegate to the executive director the
authority to employ such additional staff as authorized to secure
effective compliance with this chapter. The executive director and the
staff hired by the executive director are referred to herein as
"commission staff."
(c) Legal counsel shall be provided to the
commission and its staff through the office of the county attorney. The
board of county supervisors may authorize retention of outside counsel
where deemed appropriate upon recommendation of the county attorney.
(Ord. No. 92-79, 9-1-92; No. 99-30, 5-4-99)
Sec. 10.1-7. Functions and powers of the commission.
(a) Functions. The function of the
commission and its staff, acting at the general or specific direction of
the commission, shall be to eliminate unlawful discrimination in
housing, public accommodations, employment, education, and credit
facilities in Prince William County by:
(1) Utilizing its full investigative and enforcement powers under this chapter;
(2) Conciliating individual complaints of any acts or practices prohibited under this chapter;
(3) Negotiating with wide sectors of
business, unions, professions, official agencies and private
organizations for the taking of action by them to improve opportunities
available to persons protected by this chapter;
(4) Rendering advice concerning the
establishing of voluntary affirmative action programs; provided,
however, that under no circumstances shall the commission or its staff
approve or ratify any such affirmative action program unless the
affirmative action plan is implemented pursuant to a conciliation
agreement entered into between the parties;
(5) Making studies and issuing reports on the condition of human rights in the county; and
(6) Advising the board of supervisors on
matters relating to human rights issues as they pertain to the health,
safety and general welfare of persons protected by this chapter.
(7) Providing educational programs and materials regarding human rights to the public.
(b) Powers. The commission shall have all
powers necessary to carry out the purposes and functions set forth in
this chapter, which shall include, but are not limited to, those set
forth in this subsection.
(1) To receive complaints from any person
alleging violations of this chapter and to investigate such alleged
violations; and to investigate, on its own initiative, suspected
violations of this chapter;
(2) To seek through the county attorney,
with approval of board of county supervisors, prevention of or relief
from a violation of any ordinance prohibiting discrimination;
(3) To request that any party produce for
examination any books, records, papers or other documents or tangible
evidence, or that any party answer written interrogatories or oral
questions, relating to any matter under investigation by the commission;
(4) To request, after the commission's
good faith efforts to obtain such data and information, the county
attorney, to apply to the judge of the circuit court for subpoena duces
tecum against any person refusing to produce data and information;
(5) To use methods of persuasion,
conciliation and mediation or informal adjustment of grievances, to hold
public hearings, and, in the case of complaints of alleged unlawful
discriminatory acts, to make findings of fact, issue recommendations and
publish its findings of fact and recommendations in order to foster
compliance with this chapter;
(6) To investigate by means of public
hearings or otherwise any particular or general conditions having an
adverse affect upon any rights protected by this chapter, including
alleged violations of this chapter;
(7) To request the attendance of witnesses
at public hearings, fact finding conferences or other investigative
forums conducted by the commission and to take the testimony of such
persons under oath or affirmation;
(8) To use such voluntary and
uncompensated services of private persons, institutions, civic
organizations, officials and advisory committees as may from time to
time be offered and needed to perform advisory functions;
(9) To gather and disseminate information
about discrimination and other human rights problems affecting the
social, economic, cultural and other phases of community life within the
county;
(10) To establish a forum for discussing
discrimination and other human rights problems within the county and to
form committees with representatives from concerned groups within the
county to study and propose solutions to discrimination and other human
rights problems within the county;
(11) To adopt, promulgate, amend and
rescind, rules and regulations to effectuate the purposes and provisions
of this chapter; and
(12) To exercise all such powers as are set forth in the Virginia Human Rights Act.
(c) Delegation of commission functions, power and authority to the executive director and commission staff.
The commission may delegate any of its
power and authority provided by this chapter, including, but not limited
to, the powers enumerated in this section, to the executive director
and commission staff, as it deems appropriate, to ensure professional,
thorough, speedy, and efficient intake, processing, investigation, and
probable cause determinations of complaints. However, the commission may
not delegate to its staff its power and authority to conduct public
hearings, make determinations and recommendations to the parties
following public hearings, or its authority to conduct reviews or
appeals from staff determinations of probable cause, or its power to
seek board of county supervisors approval for legal action as provided
in section 10.1-13(b) and (c) to address unlawful discriminatory
practices found by the commission.
(d) Complaints against the county government.
(1) The commission and/or its staff shall
receive and investigate any complaints against any county officer or
employee which alleges any discriminatory act prohibited or made
unlawful under the human rights ordinance.
(2) When the commission finds, following
staff investigation, that any such complaint has merit, the commission
shall submit to the board of supervisors its findings and
recommendations for approval or other appropriate action; and,
(3) If the board of supervisors concurs
with the findings of the commission, the decision shall be binding.
(Ord. No. 92-79, 9-1-92; No. 99-30, 5-4-99)
Sec. 10.1-8. Conduct of commission.
The commission shall elect a chairperson
from its membership. The commission shall adopt as such rules and
procedures are deemed appropriate to govern the conduct of its affairs. A
majority of the currently serving members of the commission shall
constitute a quorum. Decisions of the commission shall be made by a
majority vote of the members present. The commission shall render to the
board of supervisors on or before April 1 of each year a full written
record of its activities under the provisions of this chapter and its
recommendations concerning measures to be taken to further the purposes
of this chapter. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-9. Enforcement proceedings initiated by the filing of a complaint.
(a) Complaints. A complaint may be filed
by any person alleging that a violation of this chapter has been
committed. All complaints must be formalized on a form supplied by the
commission and sworn or affirmed within a reasonable time. The executive
director shall promptly serve a copy of the formal complaint upon each
respondent named therein. The complaint shall state the name and address
of the complainant and the person or persons against whom the complaint
is made, and shall also state the alleged facts surrounding the alleged
commission of a violation of this chapter, the date the violation was
allegedly committed, and such other information as the commission may
require. A complaint may be withdrawn at any time by the complainant.
Such withdrawal may terminate all action by the commission with respect
to that complaint. Failure of a complainant to formalize his or her
complaint within the time allowed may result in automatic dismissal of
the complaint unless for good cause shown the commission grants an
extension of time for this purpose.
(b) Investigations and probable cause determinations.
(1) Upon the filing of a complaint as set
forth in subsection (a) of this section, the executive director shall
conduct such investigation as he or she deems appropriate to ascertain
the facts provided that the complaint may be dismissed by the executive
director without investigation if it fails to adequately allege a
violation of this chapter or is otherwise deficient on its face. Except
as set forth in Section 10. 1-9(b)(4) below, upon completion of the
investigation, the executive director shall render a determination in
writing as to whether or not there is probable cause to believe a
violation of this chapter has occurred, and the facts supporting such
determination. This determination shall promptly be served on the
parties.
(2) If the executive director determines
that there is probable cause to believe a violation has occurred, he or
she shall then determine: (a) whether conciliation should be attempted;
or (b) whether the matter should be referred directly to the commission
for a determination as to whether or not to hold a public hearing. If
the executive director attempts conciliation, and conciliation is
successful and results in the executive director’s opinion, in
substantial relief to the charging party, the complaint will be
considered resolved upon the parties’ execution of a written
conciliation or settlement agreement, and the executive director’s
agreement that the public interest in addressing and preventing
discrimination is not disserved by dismissing the matter from the
commission’s docket. If conciliation is not successful, either because
the parties are unable to reach agreement or because the agreement does
not, in the opinion of the executive director, afford the charging party
substantial relief on the allegations of the charge, the matter shall
be forwarded to the commission for a determination as to what additional
action may be appropriate.
(3) If the executive director determines
that the complaint lacks probable cause to believe a violation of this
chapter has occurred, he or she shall dismiss the complaint and advise
the complainant in writing that such dismissal shall become final
unless, within ten (10) business days of receipt of notice of the
dismissal, the complainant files with the commission a request for a
review of the determination of the executive director. Upon request for
such a review, the commission shall afford the complainant an
opportunity to appear before the commission, or a panel of any three (3)
or more commissioners, in person or by representative, or by letter, as
the complainant may desire. After such review, the commission, or the
panel of commissioners which conducted the review, may in its discretion
dismiss such complaint. If the commission determines that the complaint
should not be dismissed, it shall direct the executive director to
continue the investigation or proceed with conciliation efforts; or the
commission may determine to take other appropriate action in accordance
with this chapter.
(4) If the executive director determines,
after investigation, that the available evidence does not permit a
determination as to whether or not there are reasonable grounds to
believe a violation of this chapter has occurred, he or she shall:
a. Render a written notice to this effect
to be served on the parties and include in such notice a statement of
the reasons for such determination; and
b. Refer the matter to the commission for a
determination as to whether to hold a public hearing or to take other
action consistent with the purposes of this chapter.
(c) Conciliation. Conciliation conferences
shall be informal, and nothing said or done during such conferences
shall be made public by the commission or its members or any of its
staff unless the parties agree thereto in writing. Conciliation shall
not be attempted if the executive director determines that it would be
futile or if enforcement of this chapter would best be served by
referring the matter directly to the commission for a determination as
to whether or not to hold a public hearing or take other appropriate
action in accordance with this chapter. If conciliation is attempted and
the executive director determines that it is successful, the terms of
the conciliation agreed to by the parties shall be reduced to writing
and incorporated into a conciliation agreement to be signed by the
parties, which agreement is for conciliation purposes only and does not
constitute an admission by any party that the law has been violated.
Conciliation agreements shall be signed on behalf of the commission by
the chairperson or the acting chairperson. It shall be a violation of
this chapter to fail to adhere to any provision contained in any
conciliation agreement, and the commission shall have the right to
pursue, through the county attorney, with approval of board of county
supervisors, appropriate legal remedies to enforce specifically any such
agreement, including, but not limited to, the right to institute an
action for injunction or breach of contract in a court of competent
jurisdiction.
(d) Determination by the commission whether to hold a public hearing.
(1) The commission shall determine by
majority vote whether to hold a public hearing in matters referred to it
by the executive director in the following circumstances:
a. When there is a determination by the
executive director that there are reasonable grounds to believe that a
violation of this chapter has occurred, and:
i. A determination by him or her that conciliation should not be attempted, or
ii. A determination by him or her that conciliation has been attempted and has been unsuccessful;
b. When there is a determination by the
executive director that there is no probable cause to believe that the
violation of this chapter alleged in the charge has occurred, but:
i. The complainant has filed a proper request for review of such determination, and
ii. The commission has concluded upon
reviewing such determination, that the complaint should not be dismissed
and that the complaint should not be referred to the executive director
for further investigation because the investigation has revealed
material facts which are not genuinely in dispute, and the executive
director has made the determination of no probable cause based on what
the commission believes may be an erroneous interpretation of law.
c. When there is a determination by the
executive director that the available evidence does not permit a
determination as to whether or not there are reasonable grounds to
believe that a violation of this chapter has occurred.
(2) The commission shall base its
determination as to whether or not to hold a public hearing in any of
the matters described in subsection (1) on its judgment as to how
enforcement of this chapter would be best served.
(3) If the commission determines not to
hold a public hearing, it shall either dismiss the complaint or take
such action as it deems appropriate and consistent with the purposes of
this chapter and the powers of the commission hereunder. (Ord. No.
92-79, 9-1-92; No. 99-30, 5-4-99)
Sec. 10.1-10. Hearing held by the commission.
(a) The chairperson or any commissioner designated by the chairperson shall preside over the public hearing.
(b) If the commission determines to hold a
public hearing, it may consider all of the allegations and issues set
forth in the complaint or, in its discretion, may limit the scope of the
hearing to one (1) or more of the allegations or issues set forth in
the complaint. If a hearing is to be held, the commission shall promptly
notify the parties of the time, date and location of the hearing and
serve upon them a statement of the charges against the respondent and
the issues to be considered at the hearing. Such notice and statement
shall be served no later than fourteen (14) days prior to the date of
the hearing. The parties shall have the right to file written statements
or arguments with the commission prior to the hearing. The hearing
shall be open to the public.
(c) Hearings of the commission may be held
before the entire commission or before designated hearing panels,
consisting of three (3) or more members of the commission, as the
commission in its discretion may determine.
(d) The commission may , upon proper
motion, order the exclusion of witnesses while testimony is being given
at any such hearings.
(e) At any public hearing held by the commission, each party shall be entitled:
(1) To be represented by privately retained counsel of his or her choice;
(2) To present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation;
(3) To submit rebuttal evidence; and
(4) To conduct such cross-examination as
may be required for a full and true disclosure of the facts. Any oral or
documentary evidence may be received, but the commission as a matter of
policy shall provide for the exclusion of irrelevant, immaterial or
unduly repetitious evidence. The commission shall not be bound by the
strict rules of evidence prevailing in the courts of law or equity.
(f) The executive director shall be
responsible for assuring the development of the evidentiary record
before the commission and may introduce evidence, examine or
cross-examine witnesses, or make argument if he or she deems it
advisable in order to fully apprise the commission of the facts or the
applicable law.
(g) The commission shall keep a full
record of the hearing, which record shall be public and open to
inspection by any person unless otherwise provided by any applicable law
or regulations. Any party may request that the commission furnish such
party a copy of the hearing record and shall reimburse the commission
for the cost of producing the copy.
(h) In matters where any party is
represented by counsel, the office of the county attorney shall provide
an attorney as counsel to the commission who will also assist the
executive director in preparing the case. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-11. Decisions by the commission.
(a) If, after the hearing, the commission
determines, by a preponderance of the evidence, that the respondent has
committed or is committing the alleged violation(s) of this chapter, the
commission shall state its findings and may issue recommendations, to
be served promptly on the parties, providing notice to the respondent to
cease and desist from such violation(s) and to take such action as may
be authorized by law to effectuate the purpose of this chapter,
including but not limited to the payment by respondent of compensatory
damages to any person or persons found by the commission to be so
entitled by reason of respondent(s) violation(s) of this chapter, or the
placement or restoration of any person in or to such status in which
the commission finds he or she would be but for respondent's
violation(s) of this chapter.
(b) If, after a finding by the commission
that a violation occurred, the respondent fails to adequately take such
action as provided in section 10.1-11(a), the commission may , through
the county attorney, with approval of board of county supervisors, seek
through appropriate enforcement authorities, prevention of or relief
from a violation of this chapter.
(c) If, after receiving the evidence
presented at the hearing, the commission finds that the respondent has
not engaged in the alleged violation(s) of this chapter, the commission
shall state its findings and shall dismiss the complaint. Prompt notice
of such action shall be given to the parties. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-12. Enforcement proceedings initiated by the commission.
(a) The commission may institute
proceedings to enforce this chapter upon its own initiative by filing a
notice of investigation and promptly serving it on each respondent named
therein. Upon institution of proceeding by the commission in this
manner, the commission shall have the option either to refer the matter
to the executive director to conduct an investigation to determine
whether there are reasonable grounds to believe that a violation of this
chapter has occurred, or to promptly hold a public hearing to determine
whether a violation of this chapter has occurred.
(b) If the commission decides to refer the matter to the executive director for investigation:
(1) The commission shall promptly issue a
notice of investigation and serve it on the respondent(s), setting forth
the name and address of the respondent(s), the alleged facts
surrounding the alleged commission of a violation of this chapter and
the date the violation was allegedly committed and the class of persons
or the name and address of any person who was the subject or victim of
the alleged violation, if known.
(2) Upon referral of the matter to the
executive director, the procedures set forth in sections 10.1-9 through
10.1-11 shall be applicable to any investigation and hearing conducted
with respect to any proceeding initiated by the commission.
(c) If the commission determines to
promptly hold a public hearing, the procedures set forth in sections
10.1-10 through 10.1-11 shall be applicable to any hearing conducted
with respect to any proceeding initiated by the commission. (Ord. No.
92-79, 9-1-92)
Sec. 10.1-13. Enforcement by the court.
(a) If any person refuses to comply with a
request by the commission or its staff to testify at any public hearing
conducted by the commission to determine whether a violation of this
chapter has occurred or refuses to comply with a request by the
commission or its staff for the production of documents, other tangible
evidence or answers to interrogatories, the judge of the court, upon
good cause shown, shall cause a subpoena or a subpoena duces tecum to be
issued. Any person failing to comply with such subpoena shall be
subject to punishment for contempt by the court issuing the subpoena.
(b) If at any time after a complaint has
been filed or after initiation of any investigation on the commission's
own initiative, the commission determines that a court order requiring a
party to refrain from any conduct is necessary to prevent irreparable
harm to any person, the commission, through the county attorney and
subject to approval by the board of county supervisors, may bring
appropriate action to prevent such irreparable harm including, but not
limited to, petitioning a court of competent jurisdiction for a
temporary restraining order or preliminary injunction
(c) If the commission finds that a
respondent has committed a violation of this chapter and determines that
appropriate remedial measures have not been taken, the commission,
through the county attorney, and subject to approval by the board of
county supervisors, may seek an appropriate action in any court of
competent jurisdiction to prove, de novo, that the respondent violated
this chapter; secure compliance with this chapter; and/or obtain
appropriate relief available under any applicable federal or state
statute or regulation including, but not limited to an award of
injunctive relief, compensatory or punitive damages and a recovery of
costs and attorney's fees for any person, including the county, injured
as a result of a violation of this chapter.
(d) If the board of county supervisors
approves the institution of any proceeding in court as set forth is
subsections 10.1-13(b) or 10.1-13(c) above, the proceeding shall be
brought in the name of the board of county supervisors and the human
rights commission of Prince William County. (Ord. No. 92-79, 9-1-92; No.
99-30, 5-4-99)
Sec. 10.1-14. Enforcement by county agencies.
(a) Public contractors. Upon publication
or receipt of the findings and recommendations of the commission
declaring the respondent to be in violation of this chapter, the
purchasing agent of Prince William County may deem the respondent
ineligible for award of a public contract until the commission is
satisfied that the respondent will comply with the recommendations of
the commission and the provisions of this chapter.
(b) County financial assistance. Upon
publication or receipt of a copy of the findings and recommendation of
the commission declaring the respondent to be in violation of this
chapter, the County of Prince William may take appropriate action to
terminate or refuse to grant or continue any public financial assistance
to a program or activity of respondent until the commission is
satisfied that the respondent will comply with the recommendation of the
commission and the provisions of this chapter.
(c) Any respondent adversely affected by
the provisions of this section shall retain all rights of appeal
provided for by the rules, regulations or laws of the County of Prince
William. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-15. Inspections, records and notices.
(a) Every person subject to this chapter
shall post such notices, make and keep such records, preserve such
records for such periods, and make such reports there from as the
commission shall reasonably prescribe in order to assure the enforcement
of this chapter.
(b) The commission or any designated
representative of the commission may request access at any reasonable
time to premises, records and documents relevant to a complaint or
notice of investigations and may request the opportunity to examine,
photograph and copy evidence upon presenting written authorization of
the chairperson of the commission or the executive director duly
executed by the commission in accordance with its rules or procedures.
(c) When a complaint or notice of
investigation has been filed against a person under this chapter, the
respondent shall preserve all records relevant to the allegations until
final disposition of the complaint or notice of investigation. (Ord. No.
92-79, 9-1-92)
Sec. 10.1-16. Savings, provisions and non-abatement of matters.
Nothing contained in this chapter shall be
construed to conflict with any applicable state or federal law, rule or
regulation; and insofar as this chapter does so conflict, it shall be
superseded thereby. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-17. Non-exclusive remedy.
Any person who is aggrieved by any act
prohibited herein may bring an appropriate action in a court of
competent jurisdiction to seek damages, redress of injury, or injunctive
relief arising out of any act prohibited herein as provided for by any
applicable law. Nothing herein shall prevent any person from exercising
any right or seeking any remedy to which he or she might otherwise be
entitled, nor shall any person be required to pursue any remedy set
forth herein as a condition of seeking relief from any court or other
agency, except as is otherwise provided by applicable state or federal
laws. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-18. Notices; service.
All notices required under the provisions
of this chapter shall be served either in person or by mailing to the
last-known address appearing in the commission's records. Counsel of
record shall be entitled to a copy of any notices served upon his or her
client which shall be mailed to him or her at his or her last-known
address as it appears in the records of the commission. (Ord. No. 92-79,
9-1-92)
Sec. 10.1-19. Time limitations.
(a) A complaint filed under the provisions
of this chapter shall be dismissed by the executive director if the
complainant knew, or should have known, of the alleged violation of this
chapter more than one (1) year prior to the date of filing of the
complaint.
(b) Any complaint filed under the
provisions of this chapter shall be deemed dismissed after the passage
of one (1) year from the date of the filing of the complaint, unless:
(1) A conciliation agreement between the parties has been reached;
(2) The commission, after a public hearing, has issued findings and recommendations;
(3) The commission has previously dismissed the complaint; or
(4) The commission, having determined
before or after the expiration of this one-year period that there was
good cause for extending the time limitation, has, by majority vote, so
extended it; provided that in no event may the commission extend any
case beyond a date that is two (2) years from the date of the filing of
the complaint; and provided further that, in computing the time under
the provisions of this section, there shall be excluded that period of
time between the notice of and final conclusion of any public hearings
or time between the filing of and final conclusion of legal proceedings
pertaining to the validity of, or seeking to enforce or prohibit the
enforcement of, any of the provisions of this chapter. (Ord. No. 92-79,
9-1-92)
Sec. 10.1-20. Severability.
The provisions of the chapter are
severable; and if any provision, sentence, clause, section or part
thereof is held illegal, invalid, unconstitutional or inapplicable to
any person or circumstance, such illegality, invalidity,
unconstitutionality or inapplicability shall not affect or impair any of
the remaining provisions, sentences, clauses, sections or parts of this
chapter, or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this chapter would
have been adopted if such illegal, invalid or unconstitutional
provision, sentence, clause, section or part had not been included
therein, and if the person or circumstances to which the chapter or any
part thereof is inapplicable had been specifically exempted therefrom.
(Ord. No. 92-79, 9-1-92)
Sec. 10.1-21. Confidentiality.
It shall be unlawful for any officer,
employee or member of the commission to make public, prior to a public
hearing as provided herein, investigative notes and other correspondence
and information furnished to the commission or its staff in confidence
with respect to an investigation or conciliation process involving an
alleged unlawful discriminatory practice; however, nothing in this
section shall prohibit the distribution of information taken from
inactive reports in a form which does not reveal the identity of the
parties involved or other persons supplying information. A violation of
this section shall be a Class 3 misdemeanor. Ord. No. 92-79, 9-1-92)
Sec. 10.1-22. Causes of action not created.
Nothing in this chapter creates, nor shall
it be construed to create, an independent or private cause of action to
enforce its provisions. Nor shall the policies or provisions of this
chapter be construed to allow tort actions to be instituted of or in
addition to the current statutory actions for unlawful discrimination.
(Ord. No. 92-79, 9-1-92)
Sec. 10.1-23. Conditions under which county attorney not to represent commission, executive director.
Notwithstanding the provisions of this
chapter, the county attorney shall not represent either the commission
or the executive director when the county or one of its departments is a
respondent. In this event, the commission and the executive director,
subject to the approval by the board of county supervisors, may consult
with and refer the matter to a private attorney for appropriate legal
action. (Ord. No. 92-79, 9-1-92)
Sec. 10.1-24. Effective date.
This chapter shall be effective for enforcement purposes on and after January 15, 1993. (Ord. No. 92-79, 9-1-92)
For more information on the Human Rights Commission,
click here.
How to File a Complaint
Before filing a charge, make sure the Prince William County Human Rights Commission covers your complaint.
The PWC Human Rights Commission does not cover:
Allegations
of discrimination that occur outside of Prince William County. (Note:
the Cities of Manassas and Manassas Park are not included in the
jurisdiction of Prince William County.)
Allegations of
discrimination that occurred more than 365 days after the alleged
action. Employment complaints filed after 300 days from the alleged
action will not be dual-filed with the
Equal Employment Opportunity Commission (EEOC).
Investigations
of discrimination concerning companies with fewer than six employees;
however, mediation services are offered, if both parties agree.
Human Rights Commission
The Human Rights Commission consists of nine at-large members appointed
by the Board of County Supervisors (BOCS). Commissioners advise the
BOCS on issues pertaining to human and civil rights enforcement
and concerns that arise in the community.
Curtis Porter
Chair
Ramunda Young
Vice Chair
evelyn brumar
Parliamentarian
dr. Susan Holly
Commissioner
Mohammad Usman
Commissioner
William A. Johnston, III
Commissioner
Tonya James
Commissioner
DR. erika M. laos
Commissioner
latonsha "lt" pridgen
Commissioner
Prince William CountyHUMAN RIGHTS COMMISSION (703) 792-4680www.pwcgov.org/humanrightsINTAKE QUESTIONNAIRE1. Type of Alleged Discrimination (Only check those that apply)Race _______________ Color _______________ Sex _______________ Pregnancy National Origin ____________ Religion _____________ Gender: Male Female OtherSexual OrientationGender IdentityDisabilityGenetic InformationRetaliation Age (40⁺) DOB:____________ Marital StatusFamilial Status – Housing onlyStatus as a Veteran2. Type of Complaint3. Issue(Check the boxtelling what your complaint is about)(For example: discharge, harassment, denial of service, etc.)EmploymentCredit FacilitiesHousing EducationPublic Accommodation4. Complainant/Charging PartyName _____________________________________Address ______________________________________________________________________________ Telephone (C)______________________________(H)________________________________________(W)_______________________________________Email _____________________________________--------------------------------------------------------------------------------------------- Employment Cases Only:5. Position_________________________________Rate of Pay: $____________________Dates of employment:_____________________ _____________________From ToIf you are not complainant, what is your relationshipName ______________________________________Address ________________________________________________________________________________Telephone (C)_______________________________(H)_________________________________________(W)________________________________________Email ______________________________________Relationship to complainant: ___________________________________________Repr-
-
- Etc...
