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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. It runs the website God Hates Fags.com, and God Hates The World.com, and other websites expressing condemnation of LGBT, Roman Catholics, Muslims, Jews, Sweden, Ireland, Canada, The Netherlands, and other groups.The organization is monitored by the Anti-Defamation League, and classified as a hate group by the Southern Poverty Law Center. ALSO SEE: America's Most Hated Family In Crisis, and Brainwashed by the Westboro Baptist Church The church bases its work around the belief expressed by its best known slogan and the address of its primary website, "God hates fags", and expresses the opinion, based on its Biblical interpretation, that nearly every tragedy in the world is God's punishment for homosexuality – specifically society's increasing tolerance and acceptance of gay, lesbian, and bisexual people.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.
The information supplements that provided in the United States Initial Report of July 1994 (CCPR/C/81/Add.4, published 24 August 1994, and HRI/CORE/1/Add.49, published 17 August 1994, with related supplemental information and hearings), as well as the information provided by the United States in its combined Second and Third Periodic Report (CCPR/C/USA/3), and information provided by the U. delegation during Committee meetings considering that report (CCPR/C/SR/2379-2381). The law includes new guidelines and training for domestic violence and sex crimes. See, e.g., Parents Involved in Community Schools v. In addition, examples of EEOC enforcement actions with regard to discrimination in employment under Title VII are set forth in the discussions herein, including examples of enforcement based on pregnancy and sexual harassment (Article 4), religion (Article (18) and religion/national origin (Article 20). DOJ/CRD enforces Title VII against state and local government employers. These agencies are tasked with aggressively addressing the barriers that prevent some individuals with disabilities from enjoying meaningful lives in their communities. The Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) leads DHS efforts to develop relationships with communities whose civil rights may be affected by DHS activities. HUD has recently increased its efforts by reaching out to service providers and advocates that work directly with immigrant communities and educating those intermediaries on fair housing law. The Department of Defense (Do D), through its Military Equal Opportunity Program (Do D Directive 1350.2, Department of Defense Military Equal Opportunity (MEO) Program, August 18, 1995) works to ensure full equality of opportunity and freedom from harassment or discrimination based on race, color, religion, sex, or national origin. The court relied on the facts, inter alia, that the United States exercises less control in Afghanistan than in Guantanamo, and that Bagram is located in an active theater of armed conflict. In addition, the BOP also investigates allegations of staff misconduct internally through its Office of Internal Affairs. If an alien fails to appear at his or her removal hearing, he or she will be ordered removed from the United States if the government establishes by “clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable,” 8 U. 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. The United States is committed to promoting and protecting human rights. Freedom of speech and assembly has allowed women, and minorities, and workers to protest for full and equal rights at a time when they were denied. Court of Appeals for the District of Columbia Circuit rendered its opinion on the appeal, holding that while the district court’s analysis of duty and breach were generally correct, the court had erred in freeing the DOI from its burden to make an accounting. In addition to providing support for tribal schools and colleges, the Department of the Interior has actively provided educational and training opportunities for Native American youth related to current energy, environmental and business challenges, often in partnership with universities and research centers. In addition, in fiscal year 2011 OCR has launched 3 directed investigations involving sexual harassment and violence and one involving racial harassment. 1400 et seq., as amended, requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Where significant disproportionality exists, states must provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure compliance with the IDEA; require any school district so identified to reserve fifteen percent of its total IDEA grant funds to provide coordinated early intervening services, particularly to children in the over identified group; and require school districts so identified to report publicly on revisions to policies, procedures, and practices. 794, and the Department of Education’s implementing regulations, 34 C. Recipients are prohibited from disability-based discrimination in elementary and secondary schools and postsecondary institutions. Since the fair lending unit was created in 2010, DOJ/CRD has filed six fair lending cases involving allegations of a pattern or practice of discrimination or discrimination against a group of persons. (2010), a Fair Housing Act case alleging discrimination on the basis of race and familial status in apartment rentals. It also works with its sister civil rights agencies throughout the federal government to sponsor public education events and develop technical assistance material to raise awareness of civil rights requirements. In turn, the decisions of the Board of Immigration Appeals may be further appealed to a federal court of appeals through the filing of a “petition for review” within 30 days of the Board’s decision. It is with great pleasure that the Government of the United States of America presents its Fourth Periodic Report to the United Nations Human Rights Committee concerning the implementation of its obligations under the International Covenant on Civil and Political Rights (“the Covenant” or “ICCPR”), in accordance with Covenant Article 40. But it is our commitment to certain universal values which allows us to correct our imperfections, to improve constantly, and to grow stronger over time. Working with tribal leaders, this team is helping to shape federal policies that affect tribal communities. As a follow-up to the first Tribal Nations Conference, Secretary of the Interior Salazar and Secretary of Education Arne Duncan met with prominent Native American educators to discuss the educational challenges and opportunities facing tribal communities and to share strategies that have helped to advance opportunities for Native American students around the nation. In fiscal year 2011, it has initiated 37 compliance reviews and resolved 4. The IDEA and its implementing regulations provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in any state or local school district with respect to the identification of children with disabilities, their placement into particular educational settings, and the incidence, duration, and type of disciplinary actions taken against students with disabilities. Part 104, prohibit recipients of ED’s financial assistance from discriminating on the basis of disability. Its dedicated fair lending unit is targeting its enforcement actions to specific discriminatory lending practices, including: 74. § 1981 against discrimination in making and enforcing contracts include employment contracts where the victim is targeted for retaliation for attempting to help another); Jackson v. Through prevention and elimination of unlawful discrimination, HHS/OCR helps HHS carry out its overall mission of improving the health and well-being of all people affected by its many programs. HHS/OCR carries out these responsibilities primarily through conducting investigations to resolve discrimination complaints brought by individuals.