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Because at the time of our founding, I had no rights -- people who looked like me. In that context, there is a significant need as well as opportunity for fostering the development of future American Indian and Alaska Native leaders with the scientific and technological skill required to assist tribal communities in managing their lands and developing their energy resources. With the goal of expanding such testing to include discrimination based on sexual orientation and gender identity, HUD held consultations with residents in five cities to offer ideas on how to test for such additional bases of discrimination. The EEOC enforces Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Titles I and V of the Americans with Disabilities Act of 1990 (as amended), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title II of the Genetic Information Nondiscrimination Act of 2008. 271 (2009) (Title VII anti-retaliation protection extends beyond protection for filing a charge of discrimination and includes those who participate in internal investigations regarding workplace discrimination); Gomez-Perez v. During fiscal year 2010, HHS/OCR completed 1,859 new Medicare application reviews. Despite the legal protections in force and the work to ensure equal access to health care, some civil society representatives have raised concerns regarding racial and ethnic disparities in access to health services, including reproductive health services for women, and in some health indices in the population. DOJ has been actively pursuing enforcement actions in a variety of states to require community placements for persons with disabilities. The Department of Housing and Urban Development (HUD) has embarked on a post-Olmstead initiative, using existing enforcement tools under Section 504, the Fair Housing Act, and title II of the ADA. In addition, other federal government departments also have active outreach programs to immigrant communities. The BOP places inmates in facilities commensurate with their security and program needs through a system of classification that allows the use of professional judgment within specific guidelines.
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. 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. Information received from this outreach is referenced in some portions of the report and described in greater detail in Annex A to the Common Core Document. IMPLEMENTATION OF SPECIFIC PROVISIONS OF THE COVENANT Article 1 – Self determination 5. Compacts of Free Association are currently in force between the United States and these three nations. The lesson is that empowering tribes to deal with the challenges they face and taking advantage of the available opportunities will result in tribal communities that thrive. In September 2003, the district court entered an injunction setting forth detailed requirements for both trust administration and accounting, see Cobell v. In July 2011, the Department proposed legislation that would significantly improve the safety of Native women and allow federal and tribal law enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. Both state and federal governments are able to apply different rules to different types of economic activities, and the courts will review such regulation under this standard. CRD is suing the New York Metropolitan Transit Authority under Title VII alleging discrimination against Muslim and Sikh employees for refusing to permit them to wear headscarves and turbans while working as bus and subway operators and other public-contact positions. White firefighters and two Hispanic firefighters who had scored well on the test sued, alleging that the City’s decision not to use the test amounted to discrimination based on race. The federal government understands that without robust prohibitions against retaliation, the underlying “enforcement scheme[s] would unravel.” Jackson v. 14012, provided relief to claimants who failed to have their petitions considered on the merits. The federal courts have held that Congress may draw such distinctions consistently with the Equal Protection Clause of the Fifth Amendment so long as there is a facially legitimate and bona fide reason for treating the two classes disparately. Do D Directive 1350.2 directs that the Secretaries of the Military Departments (Army, Navy and Air Force) are responsible for ensuring these policies “are understood and executed at all levels of military command.” Commanders are required to assess their organizational Equal Opportunity (EO) climate, and are “held accountable for the EO climates in their commands.” They are charged with identifying and eliminating any “practices that unlawfully discriminate against military personnel based on race, religion, color, sex, or national origin.” 111. Do D Directive 5410.18 prohibits Do D from providing community relations support to “events sponsored by organizations restricting membership by race, creed, color, national origin, or gender…. Examples of specific criminal prosecutions under 18 U. CRCL conducts such investigations and evaluates its findings with appropriate assistance, including from U. Immigration and Customs Enforcement (ICE) Health Services Corps (IHSC) and independent subject-matter experts. The second, the Adam Walsh Child Protection and Safety Act of 2006, further increased the maximum penalties for certain sexual abuse crimes and also required federal employees who are found guilty of any criminal sexual abuse offense involving a federal prisoner to register as sex offenders. The Prison Rape Elimination Act of 2003 (PREA) continues to be actively implemented to deal with the problem of rape in public and private institutions that house adult or juvenile offenders. Secretary Salazar also pledged to seek to resolve the longstanding litigation concerning the management of Native American lands and assets, as well as the settlement of water rights claims. In addition, as noted above, Alaska Natives and their corporations have property rights in more than 44 million acres of land in Alaska. The American Indian Trust Fund Management Reform Act. These recommendations called for improved interagency coordination on wage discrimination enforcement efforts, increased outreach and education concerning wage discrimination, and evaluation of current data collection needs and capabilities. Men also may become victims of this form of sex discrimination if they are denied leave for caregiving purposes that is granted to female workers. That section, which includes a specialized Human Trafficking Prosecution Unit, has successfully prosecuted crimes in agricultural fields, sweatshops, suburban homes, brothels, escort services, bars, and strip clubs, in partnership with U. In fiscal years 2006 through 2010, DOJ/CRD and the U. Attorneys’ Offices prosecuted 198 trafficking cases involving 494 defendants. The cases have resulted in 382 convictions and guilty pleas during the 2006 through 2010 period. 199. According to the report, since 2006 when new laws changed misdemeanor sexual abuse crimes to felony crimes, the percentage of cases accepted for prosecution had increased from 37 percent to 49 percent – a 12 percent increase. He reiterated President Obama’s pledge to empower American Indian and Alaska Native people in the development of the national agenda, and stated strong support for tribal self-governance. The trust had a term of 25 years, at which point a fee patent would issue to the individual Indian allottee. Since Congress amended the Indian Self-Determination Act in 1994, tribes have had the opportunity, subject to the approval of the Bureau of Indian Affairs (BIA) of the Department of the Interior (DOI), to manage their own trust accounts, including IIM accounts held for the benefit of individuals. As an example of increased outreach and education concerning wage discrimination, President Obama issued a proclamation to commemorate National Equal Pay Day, the day that the average wage of a woman since the prior year catches up to the amount earned by the average man in the prior year (for 2011 -- April 28), and relevant agencies conducted public forums and outreach events concerning sex-based pay discrimination. The statute required certain steps to be taken to document parenthood when the citizen parent was the father, but not when the citizen parent was the mother. Supreme Court affirmed by an equally divided court a Court of Appeals ruling that it is constitutional to impose a different physical presence requirement for unmarried U. citizen mothers and fathers with regard to the ability of their children born abroad to acquire U. citizenship, in view of the objective to reduce statelessness of children of unmarried U. In May 2007, EEOC issued “Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities” ( in which the EEOC explained that caregiver discrimination could violate Title VII of the Civil Rights Act. The following are a few examples illustrative of some of the types of cases brought by DOJ since 2005: 200. The United States has offered over 2,076 adult and children victims of trafficking health and welfare benefits, including assistance with food, housing, transportation, medical services, and social adjustment services; English language training; job counseling and placement; and legal services. If, after 180 days post-order detention, an alien’s removal is not significantly likely in the reasonably foreseeable future, the alien must be released, with certain limited exceptions. The percentage of convictions had also increased from 30 percent to 78 percent. The 2009 DOJ/OIG report made a number of recommendations.