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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.

The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to 0 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for

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. The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

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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.

The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for $1.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations.

For purposes of brevity those descriptions and explanations will not be repeated in this report. In this report, the United States has considered carefully the views expressed by the Committee in its prior written communications and public sessions with the United States. Government has consulted with representatives of civil society and has sought information and input from their organizations. Paragraphs 12-25 of the Initial Report and paragraphs 5-14 of the combined Second and Third Periodic Report set forth the policy of the United States of promoting self-government in the Insular Areas of the United States. The Insular Areas of the United States remain the same as indicated in the combined Second and Third Periodic Report. In 2009, President Obama expanded the mandate of the Task Force to include recommendations on policies that promote job creation, education, health care, clean energy, and economic development in Puerto Rico. The initiative involves “bridge training” for state police officers, enabling them to become federal officers; and collaboration with the Indian Health Service to develop a unified response mechanism to prevent and contain suicide emergencies. Similarly, the way in which a state government chooses to allocate its financial resources among categories of needy people will be reviewed under this highly deferential standard. Additionally, CRD enforces the anti-discrimination provision of the Immigration and Nationality Act, codified at 8 U. Employers may not treat work-authorized individuals differently because of their citizenship status. DOJ/CRD has placed a priority on prosecuting bias crimes and incidents of discrimination against Muslims, Sikhs, and persons of Arab and South Asian descent, as well as persons perceived to be members of these groups. HHS/OCR has received complaints filed by or on behalf of a wide range of individuals, including individuals with physical, psychiatric, developmental, and cognitive impairments, and individuals of all ages. Department of Agriculture (USDA) continues to implement the historic civil rights Consent Decree in the federal district court case of Pigford v. As of June 30, 2010, over 22,600 class members had received more than $1 billion in damages and debt relief. Within DHS, the Transportation Security Administration (TSA), Customs and Border Protection (CBP), the Office of Policy, the Federal Emergency Management Agency (FEMA), the Homeland Security Advisory Council (HSAC) and the U. Citizenship and Immigration Service (USCIS) also frequently participate in community engagement efforts. Unlawful discrimination shall not be condoned.” Furthermore, the entire chain of command must be used “to promote, support, and enforce the MEO program. State policy regarding the medical care that will be provided to those in state custody must be made with due regard for an individual’s medical needs and the medical judgment of qualified health care providers. Several investigations of various aspects of BOP operations have been conducted in the last several years.

In the spirit of cooperation, the United States has provided as much information as possible on a number of issues raised by the committee and/or civil society, whether or not they bear directly on formal obligations arising under the Covenant. Civil society representatives have raised a variety of concerns on many of the topics addressed in this report, a number of which are noted in the text of the report. The United States continues to exercise sovereignty over a number of Insular Areas, each of which is unique and constitutes an integral part of the U. They include Puerto Rico, a Commonwealth that is self-governing under its own constitution; Guam, an unincorporated, organized territory of the United States; American Samoa, an unincorporated, unorganized territory of the United States; the U. Virgin Islands, an unincorporated, organized territory of the United States; and the Northern Mariana Islands, a self-governing commonwealth in political union with the United States. Bush declared the policy that the will of the people of Puerto Rico regarding their political status should be ascertained periodically through referenda sponsored either by the United States Government or by the legislature of Puerto Rico, 57 F. The 2011 Task Force Report included extensive recommendations on these issues, as well as a recommendation, inter alia, that “the President, Congress and the leadership and people of Puerto Rico work to ensure that Puerto Ricans are able to express their will about status options and have that will acted upon….” A link to the 2011 Task Force Report can be found at: The United States is home to over 560 federally recognized tribes, with about 50 percent of the American Indian and Alaska Native population residing on or near their homelands. More than 40 years have passed since the United States adopted the policy of greater tribal autonomy. This initiative also includes a substantial effort to recruit and hire new personnel. The Department of Justice also has created a Tribal Nations Leadership Council, made up of tribal leaders selected by the federally recognized tribes, to advise the Department on issues critical to Indian country. In 2011, the Attorney General launched a Violence Against Women Federal and Tribal Prosecution Task Force composed of federal and tribal prosecutors. All of its litigating sections, including employment, education, and housing, are engaged in this effort. Thus, under Title VII of the Civil Rights Act, for example, it is unlawful for an employer to take any action that “well might have dissuaded a reasonable [person] from making or supporting a charge of discrimination.” Burlington N. Through September 2010, HHS/OCR had conducted 581 investigations, achieving corrective action in 61 % of investigated cases. There has been concern, however, about the large number of petitioners whose petitions have not been considered on the merits. In addition, CRCL sponsors dozens of other events each year, including meetings on topics of particular interest (e.g., modesty concerns related to TSA’s Advanced Imaging Technology and pat-down procedures) and youth engagement events (e.g., Muslim American youth roundtables). The chain of command is the primary and preferred channel for identifying and correcting discriminatory practices. Federal courts also become involved if litigation is initiated. Under Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, state and local prisons that receive federal financial assistance are prohibited from discriminating on the basis of race, color, national origin, religion, and sex in their services, programs, and activities. Abuses do occur in jails and prisons in the United States, and DOJ has prosecuted many cases involving federal and state prison officials. These statutes allow suit for declaratory or equitable relief for a pattern or practice of unconstitutional conditions of confinement. The criminal statutes at the time also did not apply to personnel working in private facilities that housed federal prisoners pursuant to contracts with the federal government.

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.

.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations.

For purposes of brevity those descriptions and explanations will not be repeated in this report. In this report, the United States has considered carefully the views expressed by the Committee in its prior written communications and public sessions with the United States. Government has consulted with representatives of civil society and has sought information and input from their organizations. Paragraphs 12-25 of the Initial Report and paragraphs 5-14 of the combined Second and Third Periodic Report set forth the policy of the United States of promoting self-government in the Insular Areas of the United States. The Insular Areas of the United States remain the same as indicated in the combined Second and Third Periodic Report. In 2009, President Obama expanded the mandate of the Task Force to include recommendations on policies that promote job creation, education, health care, clean energy, and economic development in Puerto Rico. The initiative involves “bridge training” for state police officers, enabling them to become federal officers; and collaboration with the Indian Health Service to develop a unified response mechanism to prevent and contain suicide emergencies. Similarly, the way in which a state government chooses to allocate its financial resources among categories of needy people will be reviewed under this highly deferential standard. Additionally, CRD enforces the anti-discrimination provision of the Immigration and Nationality Act, codified at 8 U. Employers may not treat work-authorized individuals differently because of their citizenship status. DOJ/CRD has placed a priority on prosecuting bias crimes and incidents of discrimination against Muslims, Sikhs, and persons of Arab and South Asian descent, as well as persons perceived to be members of these groups. HHS/OCR has received complaints filed by or on behalf of a wide range of individuals, including individuals with physical, psychiatric, developmental, and cognitive impairments, and individuals of all ages. Department of Agriculture (USDA) continues to implement the historic civil rights Consent Decree in the federal district court case of Pigford v. As of June 30, 2010, over 22,600 class members had received more than

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. The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

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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.

The United States remains firmly committed to the principle of self-determination, and that principle, set forth in Article 1 of the Covenant, remains at the core of American political life. Despite the success of this policy, however, the devastating consequences of past policies still haunt the United States. In addition, the American Recovery and Reinvestment Act of 2009 specifically allocated more than $3 billion to assist tribal communities. In addition, in June 2009, DOJ/CRD filed suit against Essex County, New Jersey, alleging that it discriminated against a Muslim corrections officer when it refused to allow her to wear a religiously mandated headscarf. Additionally, the Department of Labor’s Office of Federal Contract Compliance Programs enforces nondiscrimination and affirmative action requirements applicable to most federal government contractors and subcontractors. In a 5 to 4 decision, the Court adopted a “strong-basis-in-evidence” standard, reasoning that such a standard would give effect to both the disparate impact and disparate treatment components of Title VII. Under that act, up to $100 million was made available for potential settlement costs. 678, 693 (2001) (“[T]he Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”). Consistent with article 25 of the Covenant, aliens are generally precluded from voting or holding federal elective office although they may hold some other governmental positions, Sugarman v. ” The Do D Human Charter Goals, signed by then-Secretary of Defense Cohen in July 24, 1998, establish that Do D make a goal for itself, “To make military service in the Department of Defense a model of equal opportunity for all regardless of race, color, sex, religion, or national origin.” 112. 654, the law prohibiting gay and lesbian service members from openly serving in the military, commonly referred to as “Don’t Ask Don’t Tell.” Don’t Ask, Don’t Tell Repeal Act of 2010. The bipartisan National Prison Rape Elimination Commission (NPREC) established by the Act has completed a comprehensive legal and factual study of the penological, physical, mental, medical, social and economic impacts of prison sexual assaults on government functions and on the communities and social institutions in which they operate.

Tribal communities still suffer among the most challenging socioeconomic conditions. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. Indigenous representatives and some representatives of civil society have raised a number of particular concerns. At the state and local level, discrimination in employment may be addressed by state and local human rights/civil rights entities separately or in partnership with EEOC (see Common Core Document Annex A). The Supreme Court recently examined the interplay of disparate treatment (intentional discrimination) and disparate impact (policies or practices that have a discriminatory effect, regardless of intention) under Title VII in employment testing. Under this standard, before an employer can reject the results of an employment test for the asserted purpose of avoiding or remedying an unintentional disparate impact under Title VII, the employer must have a strong basis in evidence to believe that it will be subject to disparate impact liability if it makes employment decisions based on the test. Based on this ruling, some of the plaintiffs were allowed to proceed with their claims of disparate impact race discrimination as a result of the firefighter test, and obtained relief from an injunctive order that requires the city to hire 111 Blacks/African Americans as firefighters, to provide them retroactive seniority credits, and to fund their pensions so as to account for the benefits that would have accrued had they been hired after taking the test. More recently, the federal government entered a settlement for $1.25 billion with a class of individuals who brought claims under Section 14012, contingent on the necessary appropriations by Congress. Among other protections afforded to aliens within the United States, aliens, like citizens, are entitled to the constitutional guarantee against cruel and unusual punishment and slavery and involuntary servitude. In addition to the constitutional protections afforded to aliens, many federal statutes provide aliens with further protections against discrimination. On December 18, 2010, Congress passed a law to repeal 10 U. Under the Repeal Act, the repeal took effect 60 days following delivery to Congress of a certification by the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff stating that the statutory conditions for repeal had been met, including that implementation of repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces”. United States law provides a variety of avenues for seeking compensation and redress for alleged discrimination and denial of constitutional and related statutory rights. The NPREC’s report, which was issued in June 2009, inter alia, sets forth a specific set of recommended Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Adult Prisons and Jails, including Supplemental Standards for Facilities with Immigration Detainees. DOJ is actively working to address the NPREC’s recommendations.

For purposes of brevity those descriptions and explanations will not be repeated in this report. In this report, the United States has considered carefully the views expressed by the Committee in its prior written communications and public sessions with the United States. Government has consulted with representatives of civil society and has sought information and input from their organizations. Paragraphs 12-25 of the Initial Report and paragraphs 5-14 of the combined Second and Third Periodic Report set forth the policy of the United States of promoting self-government in the Insular Areas of the United States. The Insular Areas of the United States remain the same as indicated in the combined Second and Third Periodic Report. In 2009, President Obama expanded the mandate of the Task Force to include recommendations on policies that promote job creation, education, health care, clean energy, and economic development in Puerto Rico. The initiative involves “bridge training” for state police officers, enabling them to become federal officers; and collaboration with the Indian Health Service to develop a unified response mechanism to prevent and contain suicide emergencies. Similarly, the way in which a state government chooses to allocate its financial resources among categories of needy people will be reviewed under this highly deferential standard. Additionally, CRD enforces the anti-discrimination provision of the Immigration and Nationality Act, codified at 8 U. Employers may not treat work-authorized individuals differently because of their citizenship status. DOJ/CRD has placed a priority on prosecuting bias crimes and incidents of discrimination against Muslims, Sikhs, and persons of Arab and South Asian descent, as well as persons perceived to be members of these groups. HHS/OCR has received complaints filed by or on behalf of a wide range of individuals, including individuals with physical, psychiatric, developmental, and cognitive impairments, and individuals of all ages. Department of Agriculture (USDA) continues to implement the historic civil rights Consent Decree in the federal district court case of Pigford v. As of June 30, 2010, over 22,600 class members had received more than $1 billion in damages and debt relief. Within DHS, the Transportation Security Administration (TSA), Customs and Border Protection (CBP), the Office of Policy, the Federal Emergency Management Agency (FEMA), the Homeland Security Advisory Council (HSAC) and the U. Citizenship and Immigration Service (USCIS) also frequently participate in community engagement efforts. Unlawful discrimination shall not be condoned.” Furthermore, the entire chain of command must be used “to promote, support, and enforce the MEO program. State policy regarding the medical care that will be provided to those in state custody must be made with due regard for an individual’s medical needs and the medical judgment of qualified health care providers. Several investigations of various aspects of BOP operations have been conducted in the last several years.

In the spirit of cooperation, the United States has provided as much information as possible on a number of issues raised by the committee and/or civil society, whether or not they bear directly on formal obligations arising under the Covenant. Civil society representatives have raised a variety of concerns on many of the topics addressed in this report, a number of which are noted in the text of the report. The United States continues to exercise sovereignty over a number of Insular Areas, each of which is unique and constitutes an integral part of the U. They include Puerto Rico, a Commonwealth that is self-governing under its own constitution; Guam, an unincorporated, organized territory of the United States; American Samoa, an unincorporated, unorganized territory of the United States; the U. Virgin Islands, an unincorporated, organized territory of the United States; and the Northern Mariana Islands, a self-governing commonwealth in political union with the United States. Bush declared the policy that the will of the people of Puerto Rico regarding their political status should be ascertained periodically through referenda sponsored either by the United States Government or by the legislature of Puerto Rico, 57 F. The 2011 Task Force Report included extensive recommendations on these issues, as well as a recommendation, inter alia, that “the President, Congress and the leadership and people of Puerto Rico work to ensure that Puerto Ricans are able to express their will about status options and have that will acted upon….” A link to the 2011 Task Force Report can be found at: The United States is home to over 560 federally recognized tribes, with about 50 percent of the American Indian and Alaska Native population residing on or near their homelands. More than 40 years have passed since the United States adopted the policy of greater tribal autonomy. This initiative also includes a substantial effort to recruit and hire new personnel. The Department of Justice also has created a Tribal Nations Leadership Council, made up of tribal leaders selected by the federally recognized tribes, to advise the Department on issues critical to Indian country. In 2011, the Attorney General launched a Violence Against Women Federal and Tribal Prosecution Task Force composed of federal and tribal prosecutors. All of its litigating sections, including employment, education, and housing, are engaged in this effort. Thus, under Title VII of the Civil Rights Act, for example, it is unlawful for an employer to take any action that “well might have dissuaded a reasonable [person] from making or supporting a charge of discrimination.” Burlington N. Through September 2010, HHS/OCR had conducted 581 investigations, achieving corrective action in 61 % of investigated cases. There has been concern, however, about the large number of petitioners whose petitions have not been considered on the merits. In addition, CRCL sponsors dozens of other events each year, including meetings on topics of particular interest (e.g., modesty concerns related to TSA’s Advanced Imaging Technology and pat-down procedures) and youth engagement events (e.g., Muslim American youth roundtables). The chain of command is the primary and preferred channel for identifying and correcting discriminatory practices. Federal courts also become involved if litigation is initiated. Under Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, state and local prisons that receive federal financial assistance are prohibited from discriminating on the basis of race, color, national origin, religion, and sex in their services, programs, and activities. Abuses do occur in jails and prisons in the United States, and DOJ has prosecuted many cases involving federal and state prison officials. These statutes allow suit for declaratory or equitable relief for a pattern or practice of unconstitutional conditions of confinement. The criminal statutes at the time also did not apply to personnel working in private facilities that housed federal prisoners pursuant to contracts with the federal government.

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.

billion in damages and debt relief. Within DHS, the Transportation Security Administration (TSA), Customs and Border Protection (CBP), the Office of Policy, the Federal Emergency Management Agency (FEMA), the Homeland Security Advisory Council (HSAC) and the U. Citizenship and Immigration Service (USCIS) also frequently participate in community engagement efforts. Unlawful discrimination shall not be condoned.” Furthermore, the entire chain of command must be used “to promote, support, and enforce the MEO program. State policy regarding the medical care that will be provided to those in state custody must be made with due regard for an individual’s medical needs and the medical judgment of qualified health care providers. Several investigations of various aspects of BOP operations have been conducted in the last several years.

In the spirit of cooperation, the United States has provided as much information as possible on a number of issues raised by the committee and/or civil society, whether or not they bear directly on formal obligations arising under the Covenant. Civil society representatives have raised a variety of concerns on many of the topics addressed in this report, a number of which are noted in the text of the report. The United States continues to exercise sovereignty over a number of Insular Areas, each of which is unique and constitutes an integral part of the U. They include Puerto Rico, a Commonwealth that is self-governing under its own constitution; Guam, an unincorporated, organized territory of the United States; American Samoa, an unincorporated, unorganized territory of the United States; the U. Virgin Islands, an unincorporated, organized territory of the United States; and the Northern Mariana Islands, a self-governing commonwealth in political union with the United States. Bush declared the policy that the will of the people of Puerto Rico regarding their political status should be ascertained periodically through referenda sponsored either by the United States Government or by the legislature of Puerto Rico, 57 F. The 2011 Task Force Report included extensive recommendations on these issues, as well as a recommendation, inter alia, that “the President, Congress and the leadership and people of Puerto Rico work to ensure that Puerto Ricans are able to express their will about status options and have that will acted upon….” A link to the 2011 Task Force Report can be found at: The United States is home to over 560 federally recognized tribes, with about 50 percent of the American Indian and Alaska Native population residing on or near their homelands. More than 40 years have passed since the United States adopted the policy of greater tribal autonomy. This initiative also includes a substantial effort to recruit and hire new personnel. The Department of Justice also has created a Tribal Nations Leadership Council, made up of tribal leaders selected by the federally recognized tribes, to advise the Department on issues critical to Indian country. In 2011, the Attorney General launched a Violence Against Women Federal and Tribal Prosecution Task Force composed of federal and tribal prosecutors. All of its litigating sections, including employment, education, and housing, are engaged in this effort. Thus, under Title VII of the Civil Rights Act, for example, it is unlawful for an employer to take any action that “well might have dissuaded a reasonable [person] from making or supporting a charge of discrimination.” Burlington N. Through September 2010, HHS/OCR had conducted 581 investigations, achieving corrective action in 61 % of investigated cases. There has been concern, however, about the large number of petitioners whose petitions have not been considered on the merits. In addition, CRCL sponsors dozens of other events each year, including meetings on topics of particular interest (e.g., modesty concerns related to TSA’s Advanced Imaging Technology and pat-down procedures) and youth engagement events (e.g., Muslim American youth roundtables). The chain of command is the primary and preferred channel for identifying and correcting discriminatory practices. Federal courts also become involved if litigation is initiated. Under Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, state and local prisons that receive federal financial assistance are prohibited from discriminating on the basis of race, color, national origin, religion, and sex in their services, programs, and activities. Abuses do occur in jails and prisons in the United States, and DOJ has prosecuted many cases involving federal and state prison officials. These statutes allow suit for declaratory or equitable relief for a pattern or practice of unconstitutional conditions of confinement. The criminal statutes at the time also did not apply to personnel working in private facilities that housed federal prisoners pursuant to contracts with the federal government.

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 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. Remarks by President Obama at the New Economic School, Moscow, July 7, 2009. Treaty reporting is a way in which the Government of the United States can inform its citizens and the international community of its efforts to ensure the implementation of those obligations it has assumed, while at the same time holding itself to the public scrutiny of the international community and civil society. The court thus granted monetary relief to the plaintiffs in the amount of 5.6 million, based on the unproven shortfall of the trusts’ actual value as compared to its statistically likely value. AIREI will recruit Native American students to join student/faculty teams to participate in community energy projects on tribal lands, with the mentorship of the Department’s National Laboratories. During fiscal year 2010, the EEOC received a total of 99,922 such charges (compared to 75,426 charges in fiscal year 2005, the year of the last report). 863 (2011) (Title VII anti-retaliation protections cover adverse actions against a worker in the “zone of influence” of the person who has engaged in protected activity, which includes firing the fiancé of a worker who filed an EEO complaint); Crawford v. The United States continues actively to address such issues through numerous legal and programmatic mechanisms, including through enactment and implementation of the Patient Protection and Affordable Healthcare Act of 2010. In addition to the protections for persons with disabilities in education and employment, discussed above, U. law also includes other more general protections for persons with disabilities. In authorizing Ambassador Rice to sign the Convention, the President issued remarks calling on the Senate to provide prompt advice and consent upon transmittal. The Department of Justice’s Community Relations Service (DOJ/CRS) provides conflict resolution services, including mediation, technical assistance, and training throughout the United States to assist communities in avoiding racial and ethnic conflict and preventing violent hate crimes on the basis of race, color, national origin, gender, gender identity, sexual orientation, religion or disability. The Civil Rights of Institutionalized Persons Act (CRIPA), 42 U. These inmates are, to the extent practicable, managed separately from convicted offenders. As Secretary of State Hillary Clinton has stated, “Human rights are universal, but their experience is local. Through these efforts DOE and the National Laboratory resources are integrated into the national American Indian STEM (Science, Technology, Engineering and Mathematics) educational infrastructure, providing a significant contribution to the science education experience of Native American students, particularly those pursuing careers in energy development. Perhaps the most important long-term investment for any country, people, or individual is in education. law to enhance the role of tribes in the education of their youth and to give them greater flexibility in the use of federal funds to meet the unique needs of American Indian and Alaska Native students. health care system, enacted in March 2010, includes important provisions to reduce the gaping health care disparities that Native Americans still face. government has also made improving public safety in tribal communities a high priority; in 2009, Attorney General Holder announced a Department of Justice initiative for this purpose. Attorneys dedicated to prosecuting crime in Indian country in nearly two dozen districts. Of these, 36.3 % alleged retaliation, 35.9 % discrimination based on race, 29 % on sex, 23.3 % on age, 25.2 % on disability, 11.3% on national origin, and 3.8 % on religion.[1] The EEOC also conducts administrative hearings and adjudicates complaints of employment discrimination filed against the federal government as an employer, and it may award relief to federal government employees and applicants. Under a United States Supreme Court ruling interpreting the Americans with Disabilities Act (ADA), states must place qualified individuals with disabilities in community settings rather than in institutions, whenever community placement is appropriate, and when the placement can be reasonably accommodated, taking into account factors such as available state resources and needs of others with disabilities. The link to the President’s remarks can be found at: The Department of Health and Human Services (HHS) also plays a key role in carrying out the President’s community living initiative. 345(a)(6); and · Periodically investigate and review Department, component, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering civil liberties in its actions, 42 U. DOJ/CRS works with a panoply of racial and ethnic groups in the United States, including new immigrants as well as Hispanic Americans, Asian Americans, South Asian Americans, Somali Americans, Ethiopian Americans, Arab Americans and others. To help manage the federal inmate population, and when it is cost effective and consistent with the agency’s mission and programs, in some cases BOP contracts with privately-operated prisons and community corrections centers (or halfway houses). Complaints about the failure of individual law enforcement officers to comply with procedural rights are made to federal and state authorities. In April 2009, Secretary Salazar announced 0 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.

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