By Katherine Mercurio Gotthardt | Sponsored by the Prince William County Commission of Human Rights
While progress has been made in human rights, discrimination still persists. Fortunately, in Prince William County, residents have somewhere to turn. The Prince William County Human Rights Commission serves as a key local agency in protecting individuals from unlawful discrimination. Under the leadership of Executive Director Raul Torres, the Commission enforces anti-discrimination laws, investigates complaints, and ensures equal treatment for residents, visitors, and employees throughout the county.
Torres describes discrimination as “a legal term.” According to Torres, “Unlawful discrimination is the unequal treatment or harassment of a person because they are a member of a legally protected group, when engaged in activities protected by anti-discrimination laws.” He explains that protected groups may include “race, color, religion, national origin, sex, gender, disability, age, familial status, marital status, sexual orientation, gender identity, veteran status, and other classifications protected by federal, state, or local law.”
Protected activities typically include “employment, housing, places of public accommodation, education, and financial transactions.” He further notes that “it is also generally unlawful to retaliate against a person for exercising a right protected by anti-discrimination laws.”
Staff Member Interacting with residents
The Commission’s mission, Torres states, is “to protect residents, visitors, and employees from unlawful discrimination.” Alleged discrimination must have occurred within Prince William County’s geographic jurisdiction and must meet timeliness and other jurisdictional requirements. “The primary law we enforce is Chapter 10.1 of the Prince William County Code, the Prince William County Human Rights Ordinance,” he says.
Each year, the Commission handles about 70 complaint filings and closes around 48 cases. Torres reports that “most complaints investigated by the office allege employment discrimination based on race, national origin, age, sex, and disability, including sexual and racial harassment.”
The office also investigates claims involving discrimination in housing, education, public accommodations, and financial transactions, as well as sexual and other forms of unlawful harassment. Demographic patterns show that “more racial and national origin complaints are filed in the Eastern part of the county, and more age and sex discrimination complaints are filed in the Western part of the county,” Torres notes.
Describing the complaint process, Torres explains, “We work every day to help build a community free from discrimination and unlawful harassment.” After investigation, the Office of Human Rights determines whether there is probable cause to believe that discrimination occurred. “If the Office determines there is no probable cause, it communicates its decision, and the complainant may appeal to the Human Rights Commission,” he says.
If probable cause is found, the Office communicates this to both parties, initiates a conciliation process, and attempts to reach an agreement. Remedies available to complainants may include monetary compensation and other forms of relief.
Conversations during outreach
The Commission also operates “a robust outreach and education program that includes community engagement and training to help the community, employees, and others understand their rights, who we are, what we do, and how to access our services,” he says.
Torres provided several recent case examples to help residents understand the kind of work the Commission does on a daily basis:
- Case 1: The complainant, despite having higher qualifications and more responsibilities, was denied promotion and paid less than her male counterpart, who had performance and attendance issues. After reporting the situation to management and Human Resources without resolution, she resigned. The complainant alleged gender-based discrimination, retaliation for reporting discrimination, and unequal pay in violation of the Equal Pay Act. The Commission successfully mediated the complaint, resulting in $32,437.50 in damages for the complainant.
- Case 2: After undergoing surgery for a serious medical condition, the complainant requested a 90-day light-duty accommodation upon returning to work. Although he was working on light duty, he was coded as on leave. When he was cleared for full duty, his documentation was rejected, and he was placed on leave until he was ultimately terminated. The complainant alleged discriminatory termination based on disability and retaliation for requesting an accommodation. The Commission mediated a settlement awarding $15,000 in non-wage compensatory damages.
- Case 3: The complainant informed her supervisor of an upcoming pregnancy-related medical appointment and was told her presence was “really important.” The next day, after reporting that her baby would be induced and that she was placed on bed rest due to a high-risk pregnancy, she was terminated for medical reasons and inability to attend an in-person meeting. Other cited reasons for termination were found to be pretextual. The complainant alleged sex discrimination and retaliation for requesting a pregnancy-related accommodation. The Commission mediated a settlement resulting in $25,750 for the complainant.
Torres highlights the importance of a local Human Rights Commission with enforcement powers. “Many of the complainants of discrimination are members of vulnerable groups who face transportation, economic, health, and educational challenges. Having this service provided by their county government gives them access to the support they need to address their complaints, rather than having to travel to D.C. or Richmond to do so,” he explains.
Additionally, “local investigators are county employees familiar with both the complainants’ living environment and the community’s business environment and, as such, are generally able to earn the trust of both for their investigations.” The Commission also maintains a work-sharing agreement with the Washington Office of the EEOC to investigate employment discrimination complaints on their behalf.
Accessing the Commission’s services is designed to be straightforward, according to Torres. “You can call our office at 703-792-4680, visit our website at pwcgov.org/humanrights and fill out an intake form, walk up to the office during business hours at 15941 Donald Curtis Drive, Suite 125, Woodbridge, VA 22191, or write us a letter or email,” he explains.
The office also offers access to multiple languages on demand, including through the Virginia Relay System, a free, 24/7 public service that allows people who are deaf, hard of hearing, Deaf Blind, or speech-disabled to communicate with standard telephone users using specially trained Communication Assistants.
Katherine Mercurio Gotthardt has written for Prince William Living for more than 10 years. An award-winning author, poet, and proponent of diversity, equity, and inclusion, she can be reached through her website, KatherineGotthardt.com.
