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Specific discussions in areas such as economic development and natural resources, public safety and housing, education, and health and labor, were also led by other high-level Administration representatives. For example, the United States Environmental Protection Agency finalized an Agency-wide Tribal Consultation Policy on May 4, 2011, to fully comply with Executive Order 13175 on tribal coordination and consultation. The White House issued a synopsis of the event at: Earlier the same day, President Obama signed an Executive Order that establishes an initiative that will help expand educational opportunities and improve educational outcomes for all American Indian and Alaska Native students, including opportunities to learn their Native languages, cultures, and histories and receive a complete and competitive education that prepares them for college and a career and productive and satisfying lives. The Secretary of the Interior may collect income from tribal trust property and may deposit it for the benefit of the relevant tribe in the United States Treasury or other depository institution. Approximately 56 million surface acres and 57 million acres of subsurface mineral estates are held in federal trust for the use and benefit of tribes and individual Indians. In addition, USDA will also provide a total of up to $160 million in debt relief to successful Hispanic and female claimants who currently owe USDA money for eligible farm loans. As noted in the Second and Third Periodic Report, under United States immigration law, an alien is “any person not a citizen or national of the United States,” 8 U. The Bureau is focusing on four policy areas: 1) promoting high-growth, high-paying “green” jobs, nontraditional jobs, and science, technology, engineering and mathematics (STEM) occupations for women; 2) narrowing the wage gap between men and women; 3) promoting work-life balance, especially workplace flexibility; and 4) improving services for homeless women veterans. Rather, plaintiffs must identify a specific employment practice common to all class members to satisfy Rule 23(a)(2). 2000e (k) (2004), which amended Title VII of the Civil Rights Act, protects women from employment discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” The PDA requires that pregnancy be treated the same as other physical or medical conditions with respect to leave, health insurance, and fringe benefits. The revisions to the parole guidelines were informed in part by recommendations from the United Nations High Commissioner for Refugees and nongovernmental organizations. The Resource Center will provide additional training, technical assistance, and program implementation resources to the field to assist in the identification and promulgation of best practices and promising practices. During the removal proceedings, the immigration judge has the authority to determine whether an alien is inadmissible or deportable, to grant relief from removal (e.g., voluntary departure, asylum, cancellation of removal), and to determine the country to which an alien should be removed.
The United States hopes to use this process to improve its human rights performance. As President Obama has stated, “Despite the real gains that we’ve made, there are still laws to change and there are still hearts to open.” 3. First Lady Michelle Obama has also made a particular effort to involve Native American youth in her “Let’s Move! She has, for example, recruited Native American athletes to encourage Native American children to adopt healthy lifestyles. Another public health challenge on which the Administration is focusing particularly intensely is the unacceptably high rate of suicide by Native American youth. The Administration has held listening sessions with tribal leaders across the country. In 2010, the FBI Office for Victim Assistance added 12 additional Victim Specialist positions to provide victim assistance in Indian country. On the other hand, certain governmental distinctions or classifications, such as those based on race and sex, have been recognized as inherently suspect or quasi-suspect and therefore have been subjected to more exacting judicial scrutiny and judged against more stringent requirements. In the federal sector, retaliation claims outnumber all others, followed by race and sex discrimination claims. In implementing the Olmstead decision and the community living initiative at HHS, Secretary Sebelius has created an HHS Coordinating Council, led by the Office on Disability. 345(a)(1); · Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights or civil liberties of individuals affected by the programs and activities of the Department, 6 U. The EEOC in particular has worked to ensure that the Arab- and Muslim-American communities are aware of their rights to a workplace free from discrimination and to religious accommodations, barring undue hardship, of sincerely held religious beliefs. There have generally been fewer allegations of the violation of procedural rights than physical abuse allegations. When problems arise or allegations are raised regarding misconduct, the Attorney General may also initiate an investigation. An in absentia order may be rescinded in two circumstances: (1) the alien may make a motion to reopen within 180 days of the final order if he or she can show that the failure to appear was due to exceptional circumstances; or (2) the alien may file a motion to reopen at any time showing that he or she did not receive proper notice of the hearing, 8 U. 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. But it is because of that process that I can now stand before you as President of the United States. To help develop these future energy leaders, the Department of Energy contributes to the education of American Indian and Alaska Native youth through two initiatives: Tribal Energy Program’s internship program with Sandia National Laboratory, and a new pilot project called the American Indian Research and Education Initiative (AIREI). Those consultations have informed a Housing Discrimination Study into the area of LGBT discrimination. The EEOC accepts charges of employment discrimination and investigates, attempts to resolve, and in some instances litigates these charges. These issues are discussed in more detail in the U. reports to the Committee on the Elimination of Racial Discrimination, available at Specifically HUD has: HUD also uses its enforcement authority to promote and protect the rights of persons with disabilities to equal access to housing with reasonable accommodations. In addition, on July 30, 2009, the United States signed the United Nations Convention on the Rights of Persons with Disabilities. DOJ/CRD works closely with immigrant communities to address civil rights concerns, such as racial profiling by law enforcement and discrimination in the areas of housing, employment and education, and prosecute racially- or ethnically-motivated hate crimes against immigrants. When the actual practice of detention in the United States does not meet constitutional standards, individuals are held accountable. 1997(a), authorizes the Attorney General of the United States to sue for equitable relief when there is reasonable cause to believe that a state or locality is subjecting institutionalized persons to conditions that deprive them of their rights under the Constitution or federal laws. Persons being detained prior to trial or while waiting for immigration hearings are normally sent to special detention facilities or housing units within correctional institutions. Decisions of immigration judges in removal cases may be appealed to the Board of Immigration Appeals within 30 days of the judge’s decision. Approximately 14 percent of homes on reservations do not have electricity; and 9 percent do not have access to a safe water supply. Article 2 – Equal protection of rights in the Covenant General Equal Protection 32. Both lawsuits are currently pending in the court system. In addition, in a different case involving a test for firefighters administered by the city of Chicago, the Supreme Court held that a plaintiff who does not file a timely charge challenging the initial adoption of a practice may nonetheless assert a timely disparate impact claim challenging the employer’s later application of that practice (i.e., through continued reliance on the test results), as long as the plaintiff alleges each of the elements of a disparate impact claim with respect to the later application. In addition, USDA has developed several other initiatives to assist minority and socially disadvantaged farmers, including an Office of Advocacy and Outreach, a Minority Farm Register to assist in outreach, and new guidelines for improving minority participation in county committee elections. Similarly, the Court has held that aliens are “person[s]” within the meaning of the due process protections of the Fifth Amendment. These provisions prohibit both the federal government and the states from discriminating on the basis of sex. Habeas corpus relief has been held to be available to those detained outside the United States in some situations. DOJ is also acting on the NPREC’s other recommendations. An alien must also be afforded a competent, impartial interpreter if the alien is not able to communicate effectively in English. In some instances, poverty leads to crime and exposure to crime, and Native communities are faced with an increase of youth gangs, violent crime at rates higher than the national average, and high rates of violence against women and children. The enjoyment by all individuals within the United States of the rights enumerated in the Covenant without regard to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, was discussed in paragraphs 77-100 of the United States Initial Report and paragraphs 26-59 of the combined Second and Third Periodic Report. constitutional doctrine of equal protection, neither the federal government nor any state may deny any person equal protection under the law. The recent $1.25 billion settlement is noted above. Native American farmers brought a similar class action against USDA in 1999 alleging discriminatory lending practices with regard to Native American applicants. Many of these protections are shared on an equal basis with citizens, including a broad range of protections against racial and national origin discrimination. On March 11, 2009, President Obama issued Executive Order 13506 creating the White House Council on Women and Girls. In that case, parents who alleged that the school’s response was inadequate to their claims of sexual harassment of their kindergarten-age daughter by an older male student at school brought claims against the school under both Title IX and the Equal Protection Clause of the Constitution. In December 2009, Immigration and Customs Enforcement (ICE) issued new guidelines concerning the release from detention of aliens arriving in the United States at ports-of-entry who are without proper identity and entry documents, but who have a credible fear of persecution or torture. DOJ’s Office on Violence Against Women is overseeing the development of a corollary to the 2004 National Protocol for Sexual Assault Medical Forensic Examinations that is customized to the conditions of confinement. It also takes into account the Concluding Observations of the Human Rights Committee published 18 December 2006 (CCPR/C/USA/CO/3/Rev.1). In 2008, the district court held that DOI continued to breach its duty to account for trust funds, but that an accounting of the funds was impossible as a matter of law. In addition, it strengthens tribal courts and police departments and enhances programs to combat drug and alcohol abuse and help at-risk youth. In addition to suits on behalf of individuals who experience discrimination, it investigates and brings cases challenging patterns or practices of discrimination. HHS/OCR is also partnering with the Department of Justice to promote vigorous enforcement of the Americans with Disabilities Act (ADA) and the Olmstead decision, and to maximize the effectiveness of federal leadership in promoting civil rights and setting forth the Administration’s position in federal courts. HHS/OCR investigates complaints alleging violations of ADA’s “integration regulation,” which requires that individuals with disabilities receive public services in the most integrated setting appropriate to their needs. 1997), described in paragraph 34 of the Second and Third Periodic Report. CRCL conducts regular roundtable meetings that bring together DHS officials with diverse communities in cities across the country. Do D Directive 1350.02 provides that it is Do D policy that “[s]ervice members shall be evaluated only on individual merit, fitness, and capability. Article 10 – Treatment of persons deprived of their liberty 217. A separate branch of DOJ may become involved if there is reason to believe that prisoners’ rights are being violated.
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.
In April 2009, Secretary Salazar announced $500 million in Indian Country Economic Recovery Projects aimed at job creation, construction and infrastructure improvements, and workforce development. In December 2010, Energy Secretary Chu announced the establishment of a Department of Energy Office of Indian Energy Policy and Programs, led by a member of the Cheyenne River Sioux Tribe. See Joint Letter for Equal Pay in the Federal Government, Under Supreme Court holdings, justification for distinctions based on sex must be “exceedingly persuasive.” United States v. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.” Id. In 2011, HUD's Office of Fair Housing and Equal Opportunity (FHEO) received an increasing number of complaints of lending discrimination involving maternity/paternity leave issues. The Court’s rationale focused on the interplay between the PDA and Title VII of the Civil Rights Act’s allowance for bona fide seniority systems that were lawful when the seniority was calculated. See discussion concerning Victims of Crime under Article 6, above. From October 2005 through July 2011, the United States granted T visas to trafficking victims and family members as follows: * Some approvals and denials are from prior fiscal year(s) filings. After the initial 90-day period, an alien may be detained for an additional period on a discretionary basis, or the alien may be released on conditions if he or she does not pose a flight risk or danger to the public. It further recommended institution of a program for preventing, detecting, investigating, and addressing staff sexual abuse in cellblock and transportation operations, institution of new or revised policies providing specific guidance to prison staff members on the protocol for responding to sexual abuse allegations and providing victim services, and improved training for investigators and prosecutors.
The office is charged with directing and implementing energy planning and programs that assist tribes with energy development and electrification of Native American lands and homes. Government is also working with tribal leaders to bring high speed internet access to their communities. (as amended), which provided that beneficial title to allotted lands would vest in the United States as trustee for individual Indians. DOJ/CRD continues its efforts to aggressively enforce civil rights laws to give meaning to the promise of equal opportunity. The alleged discrimination often involves pregnant women, women who have recently given birth and who are on maternity leave, as well as men who are on paternity leave due to the birth or adoption of a child. Prohibition of discrimination in education on the basis of pregnancy. 106.40 (a) and (b), specifically prohibit educational institutions that are recipients of federal financial assistance from applying any rule concerning a student’s actual or potential parental, family, or marital status that treats students differently on the basis of sex and from discriminating against any student on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the recipient’s education program or activity. (employment) The law described in paragraphs 75 and 76 of the Second and Third Periodic Report concerning the protections offered by these statutes has not changed. The Court also relied on the lack of Congressional intent to apply the PDA retroactively to pregnancy-based distinctions. In recognition of the severity of the crimes associated with domestic violence, sexual assault, and stalking, Congress passed the Violence Against Women Act of 1994 (VAWA 1994) as part of the Violent Crime Control and Law Enforcement Act of 1994. ** Some applicants have been denied twice (i.e., filed once, denied, and then filed again). A number of institutional structures exist to combat trafficking in persons, including forced labor. DOJ has made significant progress in implementing the recommendations listed in this paragraph and expects to be able to implement all of them. Shackling of pregnant female prisoners during transportation, labor, and delivery. Proceedings may also be closed to the public upon a showing by DHS that information to be disclosed in court may harm the national security or law enforcement interests of the United States, 8 C.
Secretary Salazar stated that the Department of the Interior would look at ways to preserve native languages through the Indian education system, and would examine other issues related to education. Allotment of tribal lands ceased with the enactment of the Indian Reorganization Act of 1934 (“IRA”). If a tribe chose not to manage its own trust accounts, or if the BIA found that a tribe could not fulfill the necessary fiduciary obligations, the government retained control over the accounts. In 1994, Congress also enacted the Indian Trust Fund Management Reform Act, which recognized the federal government’s preexisting trust responsibilities. See Presidential Proclamation – National Equal Pay Day, The burden of justification is demanding and it rests entirely on the state, which must show “at least that the [challenged] classification serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives.” Id. 53 (2001), the Supreme Court upheld a federal immigration statute that made sex-based distinctions in the process for establishing citizenship for children born out-of-wedlock where one parent was a U. The Court found that the statute sought to further an important governmental interest in ensuring a biological relationship between the citizen parent and the child – a situation with regard to which mothers and fathers are differently situated, since a mother’s relationship is verifiable from birth. In April 2009, the EEOC issued “Best Practices to Avoid Discrimination Against Caregivers” ( Pregnancy/maternity leave discrimination in housing and lending. For those victims who wished to be reunited with their families abroad, the United States has assisted in achieving safe reunions. Of 90 prosecutions, 83 had resulted in convictions or guilty pleas; in addition, there had been one acquittal and six dismissals. These included improved training of prison staff, establishment of a zero tolerance policy, and improved guidance for prisoners concerning how to report abuse. At the outset of a proceeding, the immigration judge ust advise the alien of his or her right to representation, provide information on pro-bono counsel, and inform the alien that he or she will have the opportunity to examine and object to evidence and to cross-examine witnesses.
He further stated that he would work to strengthen tribal court systems, and that he planned to address the serious declining conditions of detention facilities in Indian country as well as staffing needs for those facilities. Joint efforts between EEOC and OPM also are underway to enforce equal pay laws within the federal government. In addition, “the justification must be genuine, not hypothesized or invented post hoc in response to litigation. The Fair Housing Act prohibits discrimination on the basis of familial status, which includes anyone who is pregnant or is in the process of securing legal custody of a child, in all housing transactions, including mortgage lending. 1595(a)), and give victims an avenue for civil lawsuits (18 U. Victims of trafficking and certain family members may also be eligible for temporary immigration relief in the United States, with the possibility of eventual permanent residency through the T and U visa programs. The report also recommended that DOJ instruct prisons to consider alternatives to automatic isolation and transfer of prisoners that allege sexual abuse, and that DOJ develop procedures to ensure that victims receive appropriate psychological and medical assessments.
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 $6.1 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.