500 Other Covered Activities
500 OTHER COVERED ACTIVITIES
510 Discrimination in the Provision of Credit
520 Discrimination in Access to City Facilities
The Complainant alleged that the Respondent discriminated against him on the basis of his political beliefs and sex in housing, employment, public accommodations and in the provision of City services or facilities. Specifically, the Complainant claimed he was discriminated against because Respondent's board of directors was all female or considered feminist. The Hearing Examiner found that service on Respondent's board of directors was not a public place of accommodation or amusement because the Respondent has highly selective criteria for selecting a director. In addition, there was no evidence that Complainant had standing because there was no indication in the record that he applied for a director position.
The Complainant further alleged that the Commission had jurisdiction to enforce the non-discrimination provisions of a City of Madison contract for the provision of service with the Respondent in the area of domestic prevention and intervention. The Hearing Examiner found no support in the ordinance for such jurisdiction and indicated that such was a matter that should be taken up before the Common Council or with the Community Services Commission.
The Hearing Examiner did not address the allegation of housing discrimination as that matter was pending in the Dane County Circuit Court.
The Complainant also alleged a violation of the City facility and Services portion of the ordinance. The Hearing Examiner found that the Complainant had failed to established standing for the alleged violation because Complainant never requested the services that were the subject of the City facilities and services.
The Complainant also contended that he was discriminated against when he was not allowed to work as a volunteer on Respondent's crisis line because of his sex. The Hearing Examiner determined that the ordinance does not cover volunteer positions because there is no exchange of compensation as in an employer-employee situation.
The Complainant also alleged discrimination in advertisement when the Respondent identified itself as a feminist organization on its recruitment advertising. The Hearing Examiner found that this was not a violation of the ordinance because it was a mechanism for the Respondent to identify itself, not to prevent non-feminists from applying for positions within the Respondent's organization. On appeal, the Commission agreed with the Hearing Examiner's decision. Schenk v. Domestic Abuse Intervention Services, Inc., MEOC Case No. 03384 (Comm. Dec. 8/20/99, Ex. Dec. 3/26/99).