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90(e) & Public Accommodations

Investigative Process of Section 1-13-90(e) & Public Accommodations:

Section 1-13-90(e) and Public Accommodations discrimination complaints are received based on a variety of circumstances.  Attempts are made to reconcile the parties or at minimum obtain a position statement on behalf of the respondent for the complainant's information.

Public accommodations discrimination complaints may be filed on the basis of race, color, religion, or national origin.  The statutory limitation for filing a public accommodation complaint is three (3) years.  The types of businesses covered include the following: inns, hotels, motels, restaurants, hospitals, clinics,  theaters, concert halls, billiard parlors, barrooms, golf courses, sports arenas, stadiums, or other places of amusement, exhibition, recreation, or entertainment. 

 Public Accommodations complaints are largely based on race, and respondents are typically food service establishments. Complaints received also involve the health care industry. These complaints are based upon race with the issue being triage and/or method of payment for services rendered by the health care professional.  

 Non-employment and 90(e) complaints may be filed on the basis of race, color, religion, age (40 and above), sex, national origin and disability.  While race is the primary basis for 90(e) complaints, one of the most significant areas where 90(e) complaints are received is sexual harassment. 

The statutory limitation for filing a non-employment and/or 90(e) complaint with Human Affairs is 180 days from the date of violation.