Those who suffer harassment and discrimination on the job often feel victimized a second time by the agency charged with helping them.
The Utah Anti-Discrimination Division takes too long, isn't responsive and doesn't adequately investigate complaints about employment discrimination and workplace harassment, according to a report commissioned by the Utah Advisory Committee to the U.S. Commission on Civil Rights.The report culminates four years of investigating UADD, which has been under fire since 1993. It was authorized and written by the staff of the U.S. Commission on Civil Rights. It will not be published. The commission voted in September not to publish the report. Those who voted against publication said only that they thought it "wasn't fair."
UADD is the only state agency that contracts with the federal Equal Employment Opportunity Commission to investigate employment discrimination charges.
The report is highly critical of UADD and calls for dozens of reforms including more accountability, better investigations and additional training.
"Some Utah citizens felt they had been `cheated and abused' by the state and the system that was supposed to help them," the report says.
At a meeting Thursday night, one of the commissioners who voted in favor of publishing the report said the work of Utah's advisory committee was the victim of politics.
"I don't think it's pure coincidence," said commissioner Yvonne Lee. "I think it's part of a pattern. People are very afraid to have other voices heard."
She asked Utah activists not to give up efforts to alert the public to the problems of discrimination that exist, despite their disappointment.
"This is a time for us to redouble our efforts," she said. "It's their way of saying, `Let's see who gets worn down first.' "
The Utah Advisory Committee voted unanimously to ask Sen. Orrin Hatch, R-Utah, to conduct a hearing into whether the U.S. Commission on Civil Rights was fulfilling its legal obligation.
The local group also voted to circulate the report without the national commission's sanction. Anyone who wants a copy of the report can get one by calling 303-866-1040. There is a charge for the call, but the report is free.
The committee wants to hold a civil rights forum where the public can express other concerns to them, in addition to fielding ideas on how to reform the UADD.
One of the concerns raised throughout the report and in an audit done by the Legislative Auditor General last year is the quality and quantity of investigations.
They're superficial or non-existent in many cases, and even when they do occur, the report said, they're inadequate.
"Victims suffered further because the investigations allegedly conducted by the UADD were often incomplete, not thorough, or even biased."
The agency was also criticized for taking too long to process complaints.
"The length of time it took to process complaints was extreme and typically exceeded the 300-day mark," the report said.