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08-Jul-2017 23:13

Some reservations face unemployment rates of up to 80 percent. These include access to sacred sites, religious freedom for prisoners at the federal and state levels, and violence against women and children in tribal communities. In claims against the state or local governments themselves under Title VII, EEOC forwards completed investigations to DOJ/CRD for potential litigation. Finding that New Haven’s race-based rejection of the test results did not satisfy the strong-basis-in evidence standard, the Court struck down the action. Additionally, the agreement requires the city to provide back pay to a class of approximately 6,000 Black/African American firefighters who were affected by the test but not hired under the order. Funds were appropriated in December 2010, and the settlement received final approval from the federal district court. USDA has voluntarily taken a number of measures to benefit Consent Decree claimants beyond those required by the Consent Decree and subsequent court orders. Many of these statutes were enacted because of the recognition that aliens may be especially vulnerable and may require additional protections against discrimination, particularly in the employment arena. In July 2011, the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff made the certification and delivered it to Congress. Specific remedies were described in paragraph 98 of the Initial U. Report and paragraph 59 of the Second and Third Periodic Report. 723 (2008), the Supreme Court held that constitutional habeas corpus review was available to those detained by the Department of Defense at Guantanamo Bay. It also includes specific recommendations for action by the Attorney General and DOJ, as well as for action by Congress to facilitate reporting of and improve enforcement against sexual abuse in confinement. After the Commission issued its final report, DOJ reviewed and revised the recommended standards and issued a Proposed Rule, consisting of DOJ’s proposed regulations, upon which DOJ sought public comment.

Nearly a quarter of all Native Americans live in poverty. The district court found for the plaintiffs in the initial phase of the case, and the U. Court of Appeals for the District of Columbia Circuit affirmed and remanded for further proceedings, see Cobell v. The Administration is aware of these concerns and is working to address them through the initiatives referenced above and others noted later in this report. After the Supreme Court’s ruling, minority firefighters filed two lawsuits against New Haven alleging that use of the test results to make promotions resulted in a disparate impact violation of Title VII. See Joint Motion for Entry of an Injunctive Order of Relief, Lewis v. These include refunds to prevailing claimants of administrative offsets on discharged debts; extension of the time for prevailing claimants to take advantage of injunctive relief; and provision of additional loan servicing rights, affording some claimants an opportunity to restructure their remaining debt. These federal civil rights laws prohibit discrimination on the basis of race, color, and national origin, and apply to both citizens and aliens. Distinctions between lawful permanent resident aliens and citizens require justification, but not the level of “compelling” state interest required for distinctions based on race. Developments in legal remedies since the submission of the Second and Third Periodic Report are addressed throughout this report under appropriate subject headings, for example reference to the Lilly Ledbetter Fair Pay Restoration Act under Article 2, above. The rights enumerated in the Covenant and provided by U. law are guaranteed equally to men and women in the United States through the Equal Protection and Due Process Clauses of the Fourteenth and Fifth Amendments to the United States Constitution. This decision and the resulting habeas proceedings are discussed further in Part III, Committee Concluding Observations. DOJ is now reviewing the comments and making revisions as warranted for the publication of the Final Rule, which will include the final regulations.

Competitive elections allow us to change course and hold our leaders accountable. Tribal lands are home to the most underserved populations in terms of energy services in the United States. ED/OCR oversees the Civil Rights Data Collection (CRDC), which collects data related to public school districts and elementary and secondary schools’ obligations to provide equal educational opportunity, including student enrollment and educational programs and services data that are disaggregated by race/ethnicity, sex, English learners (EL), and disability. Many of the victims in these cases are minority women. Despite the numerous laws and policies designed to ensure equal access to housing, racial disparities in housing and lending are of continuing concern. Government is aware of these issues and is committed to working to eliminate any disparities that exist. In addition to resolving individual complaints and public education, HHS/OCR conducts reviews of new Medicare provider applicants to ensure compliance with federal civil rights laws. On June 2, 2009, the 10 anniversary of the Olmstead decision, President Obama launched “The Year of Community Living,” a new effort to eliminate the unjustified institutional isolation of individuals with disabilities, including children with disabilities, and directed the appropriate federal agencies to work together to identify ways to improve access to housing, community support, and independent living arrangements. A number of concerns have also been raised concerning detention policies and practices, including the extensive use of solitary confinement, long prison sentences, detention of juveniles, and the high percentage of the population that is incarcerated. BOP operates 117 correctional facilities in 96 locations throughout the nation, including 16 penitentiaries, 76 correctional institutions, 7 independent prison camps, 13 detention centers, and 6 medical referral centers.

If our democracy did not advance those rights, then I, as a person of African ancestry, wouldn't be able to address you as an American citizen, much less a President. American Indians and Alaska Natives have the highest percentage of un-electrified and un-weatherized homes, and the highest rates for fuel and electricity in the country are found in tribal communities. OCR added new data items to the 2009-2010 CRDC, such as students’ participation in algebra and other college-preparatory subjects, retention, teacher experience/absenteeism, school funding, harassment, restraint/seclusion, and additional information related to discipline. This is one of the issues raised in civil society consultations. To identify racial and ethnic discrimination in housing, HUD and DOJ/CRD use testers of different backgrounds who apply for the same living accommodations. The EEOC is the lead federal agency dealing with employment discrimination. 474 (2008) (Age Discrimination in Employment Act protections against discrimination for federal employees and applicants includes prohibition against retaliation); CBOCS West, Inc. Through this program, HHS/OCR also provides technical assistance to Medicare applicants, reviews health care facilities’ policies and procedures for civil rights compliance, and sends clearance letters to facilities that have demonstrated compliance. Further, DOJ, which leads the federal government’s enforcement of the ADA, has stressed its renewed commitment to litigation under Olmstead, including its willingness to transform its approach to investigating and litigating cases involving the institutionalization of individuals with disabilities, so that DOJ can best realize the full promise of Olmstead. 242 may also be pursued against officers who mistreat incarcerated individuals, and civil remedies are also available against state authorities under 42 U. These facilities house approximately 177,600 federal prisoners.

They are also faced with low rates of school matriculation and completion, and disproportionate health disparities. In the face of these challenges, President Obama believes that tribal leaders must be part of the solution. To address the myriad challenges noted above, the Administration has taken a number of steps to strengthen the government-to-government relationships between the United States and federally recognized tribes. While Articles 2 and 26 are not identical, there is overlap in their coverage. The general rule is that legislative classifications are presumed valid if they bear some rational relation to a legitimate governmental purpose. The court approved a settlement of that lawsuit, Keepseagle v. The settlement establishes an administrative claims process for Native American farmers alleging discrimination against USDA. law, aliens within the territory of the United States, regardless of their immigration status, enjoy robust protections under the U. In particular, the Supreme Court has held that the equal protection and due process protections of the Fourteenth Amendment “are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality.” Yick Wo v. The mission of this Council is to establish a coordinated federal response to issues that affect the lives of American women and girls and to ensure that federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities. Overturning lower court decisions that had limited the parents to proceeding under Title IX, the Supreme Court held that Title IX supplemented rather than replaced the claim for unconstitutional sex discrimination in schools. One emerging area of employment discrimination enforcement involves allegations that implicit bias or a general policy of discrimination infected otherwise subjective employment decisions. 2541 (2011), in which a class of over 1 million female Wal-Mart employees in stores around the United States alleged that Wal-Mart discriminated against them on the basis of sex in determining pay and making promotions, in violation of Title VII of the Civil Rights Act of 1964. These revised guidelines state that ICE officers should “parole” arriving aliens found to have a credible fear who establish their identities, pose neither a flight risk nor a danger to the community, and have no additional factors that weigh against their release. DOJ’s Office for Victims of Crime intends to propose regulations to allow Victims of Crime Act funding to be used for treatment and rehabilitation services for incarcerated victims of sexual abuse.

Thus, the Obama Administration seeks to build relationships between the federal government and tribal governments that rest on mutual respect and working together on a government-to-government basis within the U. For example, on November 5, 2009, President Obama reached out to American Indian and Alaska Native tribes by inviting representatives from the more than 560 federally recognized tribes in the United States to attend a White House Tribal Nations Conference. The decision represents an important and meaningful change in the U. position, and resulted from a comprehensive, interagency policy review, including extensive consultation with tribes. A third Tribal Nations Conference was hosted by President Obama in Washington on December 2, 2011. The 1934 Act extended the trust period indefinitely for allotted lands. Therefore the material in this section relates to both Articles 2 and 26, as well as general related information. The United States became a party to the International Convention on the Elimination of All Forms of Racial Discrimination on 20 November 1994, and the United States submitted its combined Initial, Second and Third Periodic Report to the United Nations Committee on the Elimination of Racial Discrimination (CERD Committee) in September 2000. The settlement agreement provides for 0 million in monetary relief; up to million in debt relief; payments of 25 % of awards to off-set any tax obligations; and wide-ranging programmatic relief, including a moratorium on accelerations, foreclosures, and offsets on accounts involving all Native American borrowers in the Farm Service Agency’s database; a customer’s guide on the Farm Loan Program (FLP); meetings with class counsel to discuss possible changes to the FLP; increased technical assistance in order more fully to utilize USDA programs, to be conducted in multiple locations throughout the country; and the creation of an Ombudsperson and a Council on Native American Farming and Ranching to address issues affecting Native American farmers and ranchers. In setting up the Council, President Obama stated that issues such as equal pay, family leave, and child care are not just women’s issues, but issues that affect entire communities, our economy and our future as a nation. In addition to setting up the Council, one of President Obama’s first actions was to sign the Lilly Ledbetter Fair Pay Act of 2009, which helps ensure that claims for pay discrimination will not be barred because claimants were not aware of the initial discriminatory pay-setting decision. 1681 (barring sex discrimination in federally funded education programs and activities), does not preclude constitutional equal protection claims for such discrimination, Fitzgerald v. These issues arose in the recent case of Wal-Mart v. The Court held that plaintiffs had not produced significant proof that Wal-Mart operated under a general policy of discrimination against women that was central to the claim of each female employee in the class, and thus did not satisfy the “commonality” requirement for a class action under Rule 23(a)(2) of the Federal Rules of Civil Procedure. Asylum offices disseminate the information notice, “How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants,” to arriving aliens found to have a credible fear. DOJ’s Bureau of Justice Statistics continues to conduct studies of the incidence of such sexual assaults in a variety of detention settings. An alien in removal proceedings retains the right to representation by qualified counsel at the alien’s choosing, at no expense to the government.

The United States Government has also reached out to state, local, tribal, and territorial governments to seek information from their human rights entities on their programs and activities, which play an important part in implementing the Covenant and other human rights treaties. The United States has recognized as sovereign, self-governing nations three other areas that were formerly districts of the Trust Territory of the Pacific Islands: the Marshall Islands (1986), the Federated States of Micronesia (1986) and Palau (1994). As reported in paragraph 8 of the combined Second and Third Periodic Report, the people of Puerto Rico have expressed their views on their relationship with the United States in a number of public referenda, most recently in December 1998. The United States holds 56 million surface acres and 57 million acres of subsurface mineral estates in trust for American Indians in the contiguous 48 United States, while Alaska Natives and their corporations have property rights in more than 44 million acres of land in Alaska. It has enabled tribal governments to establish, develop and enhance tribal institutions and infrastructure ranging from those addressing the health, education and welfare of their communities to those such as tribal courts, fire protection and law enforcement, which have allowed tribes to better protect their communities. Combating crimes involving violence against women and children on Native lands is a particularly high priority for the U. The Task Force was created to facilitate dialogue and coordinate efforts between the Department and tribal governments regarding the prosecution of violent crimes against women in Indian country, and to develop best-practices recommendations for both federal and tribal prosecutors. DOJ and CRD in particular have also engaged in extensive outreach efforts to these communities to educate people about their rights and available government services. Officials in New Haven, Connecticut, had discarded the results of a test designed to identify promotion candidates in the Fire Department out of concern that minority applicants would file lawsuits alleging that the test had an unjustified race-based disparate impact in violation of Title VII of the Civil Rights Act. Anti-discrimination laws in the United States generally protect those who file a claim or assist in the claims of others against retaliation or reprisal. As a result of HHS/OCR’s efforts, many individuals have been able to move from an institution to the community, and many individuals have avoided unnecessary institutionalization. For that reason, the Farm Bill of 2008, Public Law 110-246, sec. A number of federal statutes, some of which are discussed above, prohibit discrimination on account of alienage and national origin. The Immigration and Nationality Act distinguishes between lawful permanent residents (LPRs) and non-LPRs. Further, DHS participates in numerous annual conferences and conventions sponsored by community-based organizations. This includes the processing and resolving of complaints of unlawful discrimination and sexual harassment, and for ensuring that human relations and EO matters are taken seriously and acted upon as necessary.” 110. military prohibits discrimination within its ranks, and it proactively combats such actions in its conduct with the outside world. DOJ receives complaints alleging discrimination from prisoners, which are processed either by DOJ’s Office of Justice Programs or the Civil Rights Division (DOJ/CRD). Since October, 2005, DOJ has filed charges in 255 cases of official misconduct against more than 411 law enforcement officers. 242 are provided in the discussion under Article 6 above. DOJ/CRD investigates conditions in state prisons and local jail facilities pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), and investigates conditions in state and local juvenile detention facilities pursuant to either CRIPA or the prohibition on law enforcement agencies engaging in a pattern or practice of violating peoples’ civil rights (42 U. Since October 2005, pursuant to CRIPA, DOJ/CRD has authorized 24 investigations concerning 28 adult correctional facilities and 8 investigations of 29 juvenile detention facilities. The Department of Homeland Security Office for Civil Rights and Civil Liberties (DHS/CRCL) investigates allegations of inadequate conditions of detention for ICE detainees. In April 2005, the Department of Justice Office of Inspector General (DOJ/OIG) issued a report concluding that penalties under federal law for staff sexual abuse of federal prisoners with the use of threat or force were too lenient and resulted in U. The OIG recommended that DOJ seek legislation to address those issues and to make sexual abuse statutes applicable to personnel in privately-managed contract prisons as well as those working in BOP-managed prisons. The first, the Violence against Women and DOJ Reauthorization Act of 2005, increased the maximum criminal penalty for certain sexual abuse crimes, made those crimes felonies instead of misdemeanors, and extended federal criminal jurisdiction to all personnel working in private prisons under contract to the federal government. Supreme Court held in March 2010 that an alien’s Sixth Amendment right to effective assistance of counsel in criminal proceedings is violated when the alien’s criminal defense attorney fails to advise the alien of the immigration consequences of a guilty plea, provided the removal consequence is “truly clear” and the alien demonstrates that he or she suffered prejudice as a result of the deficient assistance of counsel.

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The United States has provided the text and explanations for reservations, understandings and declarations it undertook at the time it became a State Party to the Covenant in its prior reports. This policy has been continued by Presidents Clinton, George W. President Clinton established the President’s Task Force on Puerto Rico’s Status in December 2000, and Task Force Reports have been issued in 2005, 2007, and 2011. The Department of the Interior has also initiated a major law enforcement program, which has established high priority performance goals for crime reduction on four targeted reservations, resulting in a permanent “surge” on those reservations. These cases allow DOJ/CRD to seek broad relief for many victims, and to help change discriminatory policies in the workplace. 1324b, which prohibits discrimination on the basis of citizenship or immigration status by employers with four or more employees. This was the regulation at issue in the Olmstead decision, discussed above. The Consent Decree settled a class action brought by Black/African American farmers alleging discrimination in farm credit and non-credit benefit programs. Some of these roundtables are hosted exclusively by CRCL; others are conducted in partnership with other federal agencies. Unlawful discrimination against persons or groups based on race, color, religion, sex, or national origin is contrary to good order and discipline and is counterproductive to combat readiness and mission accomplishment. forces, while also ruling that habeas relief is governed by equitable principles, and that habeas jurisdiction could not be exercised to enjoin the United States from transferring individuals to a foreign sovereign for criminal trial in the context of that case, where the individuals were detained within the territory of a foreign sovereign on behalf of that sovereign pending their criminal prosecution, and where the United States government had a firm commitment not to transfer individuals if they were more likely than not to face torture. As discussed in paragraphs 259-299 of the Initial Report and paragraphs 174-175 of the Second and Third Periodic Report, the Fifth, Eighth, and Fourteenth Amendments to the U. Constitution, as well as state constitutions and federal and state statutes, regulate the treatment and conditions of detention of persons deprived of liberty by state action. Congress may also initiate an investigation of the BOP’s operations where problems are brought to its attention. In situations in which the removal consequences of a particular plea are unclear or uncertain, however, “a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Id. The rule of law and equal administration of justice has busted monopolies, shut down political machines that were corrupt, ended abuses of power. Both the plaintiffs and the federal government appealed these rulings. For example, in 20, such opportunities included a partnership with Argonne National Laboratory to mentor American Indian and Alaska Native interns in management of tribal energy and natural resources, and the creation of the Tribal Energy and Environmental Information Clearinghouse (TEEIC) – a knowledge base to help tribes and tribal organizations develop environmental analysis and evaluation programs and processes that further their energy and economic goals (see a partnership with the Colorado School of Mines to assist tribal colleges in developing energy engineering courses; and an annual Indian Education Renewable Energy Challenge for tribal college and Bureau of Indian Affairs high school students, sponsored by the Department of the Interior in partnership with Argonne National Laboratory. These compliance reviews and directed activities address a range of civil rights issues, such as sexual harassment and sexual violence, racial harassment, sex discrimination in athletics, accessibility of facilities for persons with disabilities, access to Advance Placement and similar courses for students with disabilities as well as minority students, discriminatory discipline of students with disabilities and minority students, minority and English learner (EL) students inappropriately included in or excluded from special education services, meaningful access to districts’ educational programs for EL students and their parents, and other issues. ED/OCR also provides technical assistance and offers policy guidance on how to prevent and address discrimination on the basis of race, color, national origin, sex, disability, or age to the thousands of educational institutions and millions of students and parents who fall under its jurisdiction. 1681, which prohibits sex-based discrimination in federally-assisted educational programs. The Individuals with Disabilities Education Act (IDEA), 20 U. The IDEA requires school systems to develop an appropriate individualized education program for each child with a disability designed to meet the child’s specific educational needs. The Office of Special Education and Rehabilitative Services (OSERS) in ED administers the IDEA. Section 504 of the Rehabilitation Act of 1973, 29 U. Under these regulations, “[a] recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.” See 34 C. Recent accomplishments have included the filing of a consent decree requiring payment of a minimum of .1 million in United States v. Additional information on cases can be found at and in U. reports filed with the Committee on Elimination of Racial Discrimination, available at DOJ has also brought numerous cases alleging sexual harassment in housing. In fiscal year 2010, 4,100 covered entities took corrective actions as a result of HHS OCR intervention. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities.

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