PRESENTED BY:GREGORY G. BROOKER

ASSISTANT UNITED STATES ATTORNEYMINNEAPOLIS, MINNESOTA

Federal Civil Rights Laws

Today’s Discussion

How federal civil rights enforcement impacted the lives of the following people: J.L., a high school student in New York; Six female tenants in Detroit; Don Perkl, a employee at Chuck E. Cheese’s in

Madison, Wisconsin

Today’s Discussion

An Overview of Federal Civil Rights Laws.A Focus on:

Employment Protections Housing Protections Protections in Federally Funded Programs and

Activities Protection from School-Based Harassment and

Bullying How Federal Enforcement Makes a

Difference.Also: What if Federal Civil Rights Laws were

amended to include Sexual Orientation and Gender Identity?

Federal Civil Rights Laws

Civil Rights Act of 1964 Initial focus was on race-based discrimination.

Equal Pay Act of 1963 Sex-based compensation discrimination.

Voting Rights Act of 1965 Initially covered race and color. “Membership in a

language minority group” added later.Age Discrimination in Employment Act of 1967

Employment protection for those 40 and older.Fair Housing Act of 1968

Initially covered race, color, religion, and national origin.

Federal Civil Rights Laws

Education Amendments Act of 1972 (Title IX of the Civil Rights Act) Prohibits sex discrimination in federally funded educational

programs and activities. Interpreted to cover bullying based on sex and sex stereotypes.

Rehabilitation Act of 1973 Prohibits disability discrimination in federally funded programs

and activities. Includes state and local governments. Covers federal employment and federal programs.

Equal Educational Opportunities Act of 1974 Prohibits discrimination based on race, color, sex, and national

origin in “educational opportunities.” Covers language barriers. Interpreted to cover bullying based on sex and sex stereotypes.

Federal Civil Rights Laws

Equal Credit Opportunity Act of 1974 Prohibits credit discrimination based on race, color,

religion, national origin, sex, marital status, age, or source of income.

Civil Service Reform Act of 1978 Prohibits discrimination in federal civilian employment

based on race, color, national origin, religion, sex, age, disability, marital status, or political affiliation.

Also prohibits discrimination based on conduct that does not adversely affect the performance of an employee or a job applicant. This provision has been interpreted to prohibit discrimination based on sexual orientation.

Federal Civil Rights Laws

Civil Rights of Institutionalized Persons Act of 1980 Protections for persons confined in publicly owned or

operated group homes, nursing homes, juvenile correctional facilities, and adult jails and prisons.

Immigration & Nationality Act Amendments of 1986 Prohibits employment discrimination based on

national origin and immigration status (legal permanent residents, asylees, and refugees).

Federal Civil Rights Laws

Fair Housing Act Amendments of 1974 & 1988 1974: included sex-based housing discrimination. 1988: included coverage for disability (including

group homes for persons with disabilities) and “familial status” (the presence or anticipated presence of children under 18 in a household).

Americans with Disabilities Act of 1990 Prohibits disability discrimination in public

accommodations, state and local government programs, services, and activities; private sector and government employment; transportation; and telecommunications.

Federal Civil Rights Laws

Uniformed Services Employment and Reemployment Rights Act of 1994 Prohibits employers from discriminating or retaliating

against an employee or an applicant for employment because of such person’s past, current, or future military obligations.

Congressional Accountability Act of 1995 Applies Title VII, ADEA, ADA & Rehab Act to

Congressional employees

Federal Civil Rights Laws

Executive Order No. 13087 (May 29, 1998)(President Clinton) Prohibits discrimination based on sexual orientation in

the competitive service of federal civilian workforce Includes DC government and U.S. Postal Service Excludes Central Intelligence Agency, National

Security Agency, and Federal Bureau of Investigation.

Federal Civil Rights Laws

Religious Land Use & Institutionalized Persons Act of 2000 Protection for religious organizations in land-use decisions

and religious protections for certain institutionalized persons.

Servicemembers Civil Relief Act of 2003 Protects military personnel in areas such as housing and

credit while they are on active duty.

Genetic Information Nondiscrimination Act of 2008 Prohibits employers from using genetic information in

making employment decisions and regulates disclosure of genetic information.

Federal Civil Rights Laws

ADA Amendments Act of 2008 Legislatively overrules several U.S. Supreme Court

cases that narrowed the definition of disability under the ADA

Matthew Shepard & James Byrd, Jr., Hate Crimes Prevention Act of 2009 Gives U.S. Dept. of Justice the power to investigate

and prosecute bias-motivated crimes where the perpetrator has selected a victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability.

Federal Civil Rights Laws

Don’t Ask, Don’t Tell Repeal Act of 2010 Upon certification by the President, Secretary of

Defense & Chairman of the Joint Chiefs of Staff, the Don’t Ask, Don’t Tell policy, which prevents openly gay and lesbian persons from serving in the United States Armed Forces, will be repealed.

Our Discussion Today

Civil Rights Act of 1964, as Amended Title II: Public Accommodations Title IV: Equal Protection in Public Schools &

Universities Title VI: Federally Funded Programs & Activities Title VII: Employment Title IX: Sex and Sex-Stereotype Discrimination in

Educational Facilities Receiving Federal FundsFair Housing Act, as Amended

Housing discriminationEqual Educational Opportunities Act

School Bullying based on sex and sex stereotypes

July 2, 1964: Civil Rights Act Signed

The Civil Rights Act

Title II: Public AccommodationsTitle IV: Equal Protection in Public Schools &

UniversitiesTitle VI: Federally Funded Programs &

ActivitiesTitle VII: EmploymentTitle IX: Sex and Sex-Stereotype

Discrimination in Educational Facilities Receiving Federal Funds

Title II: Public Accommodations

Outlaws discrimination based on race, color, religion, and national origin in public accommodations.

A “public accommodation” is defined as an establishment that serves the public and has a connection to interstate commerce.

Includes hotels, restaurants, bars, movie theaters, etc.

Exempts “private” clubs, but “private” is not defined in the statute.

Title II: Public Accommodations

Enforced by Civil Rights Division of DOJ and U.S. Attorney Offices: DOJ Stats on Enforcement.

Currently no protection for sex, sexual orientation, or gender identity.

Broad interstate commerce interpretation by Supreme Court .

Potential if expanded to sexual orientation and gender identity: Would potentially reach all private sector businesses, large

and small. Example: A B&B in a rural area of a state with no public

accommodation protection for sexual orientation or gender identity under state law.

Title IV: Public Schools & Universities

Authorizes DOJ to enforce the equal protection clause of the 14th Amendment to combat discrimination on the basis of race, national origin, sex, and religion in public schools and universities.

Enforcement cases include desegregation, discipline, harassment, bullying, special education, and access to special programs.

Title IV: Public Schools and Universities

Potential if coverage expanded to sexual orientation and gender identity: Currently interpreted by DOJ to cover sex-stereotype

discrimination and bullying. Specific statutory coverage is ideal: courts could

narrow DOJ’s interpretation and coverage would expand beyond just sex-stereotype discrimination and bullying.

Title VI: Federally Funded Programs

Bars discrimination based on race, color, or national origin in connection with a program or activity receiving federal financial assistance.

Applies to federal grants, contracts, and loans.

Individuals can file a complaint with the federal agency providing the federal assistance to a recipient or sue in federal court.

Each federal agency is responsible for enforcing Title VI in its grant or loan programs. Agency can withhold funds if recipient discriminates.

Title VI: Federally Funded Programs

Coverage is broadFew Constitutional concerns with this

provision: Congress’ Spending Clause. Contractual in nature: In return for federal funds, the recipient agrees to comply with federal nondiscrimination provision.

Reaches state and local government programs, including police departments.

Does not reach employment.Does not yet cover sex, religion, sexual

orientation, or gender identity.

Title VI: Federally Funded Programs

The Civil Rights Restoration Act of 1987 clarified that where federal aid funds one program within an educational institution, the entire institution is covered by the nondiscrimination provisions of Title VI, not just that particular program.

For state and local governments, only the department or agency that receives the federal funds is covered.

For private corporations that receive federal funds, the entire corporation falls under Title VI, but only if the federal aid is extended to the corporation as a whole or if the corporation provides a public service.

Title VI: Federally Funded Programs

Federal agencies can commence suit to enforce Title VI.

Supreme Court has implied a private cause of action for individuals to enforce both Title VI and the agency regulations, but only for intentional discrimination, not disparate impact.

Title VI: Federally Funded Programs

Potential if Title VI were amended to include sexual orientation and gender identity: State and county adoption services Public health, county services, state programs Federal agency granting the federal funds has the

power to withhold funds for noncompliance – a potent weapon now missing for sexual orientation and gender identity discrimination.

DOJ can sue on behalf of aggrieved parties and seek broad injunctive relief, not just monetary damages.

Title VII: Employment

Prohibits discrimination by covered employers based on race, color, religion, sex, national origin, or because of one’s association with another individual of a particular race, color, religion, sex, or national origin.

Applies to employers employing 15 or more employees for 20 months or more in the current or preceding calendar year.

Applies to federal, state, and local governments.

Title VII: Employment

Employers not covered under Title VII:Federally Recognized Indian Tribes.Religious groups performing work connected

to the group’s activities, including associated educational institutions.

Bona fide nonprofit private membership organizations.

Title VII: Employment

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII with regard to private employers.

DOJ enforces Title VII with regard to state and local government employers, but only after the EEOC does an initial investigation.

Private cause of action by individuals authorized.

Statute places caps on suit’s damages, but a right to a jury exists.

Title VII Trends

EEOC Statistics and Trends under Title VII

Potential if expanded to sexual orientation and gender identity: Would reach nearly every employer in the United

States. EEOC could intervene in private suits, bringing

additional resources to the case. One national policy on employment discrimination. If EEOC intervenes in the case, broad injunctive relief

can be obtained in addition to monetary damages.

EEOC v. Chuck E. Cheese’s

Title IX: Education

Sex discrimination in federally funded education programs, both private and public.

Applies to federal grants and loans to schools, as well as direct aid to students even though the institution does not receive direct federal aid.

Private right to sue by individuals in addition to federal agency enforcement.

Interpreted to cover harassment of students based on sex and sex stereotypes.

Supplements provisions under the Equal Educational Opportunities Act of 1974 and Title IV of the Civil Rights Act.

J.L. v. Mohawk Central School District

J.L. v. Mohawk Central School Dist.

DOJ intervened in the private lawsuit against the school district.

Student sued under Title IX of the Education Amendments of 1972.

DOJ could also sue under the Equal Employment Opportunities Act of 1974 and Title IV of Civil Rights Act.

Case Settled in March 2010: mandatory training, monetary damages, new anti-harassment policy and implementation, monitoring of harassment complaints.

Fair Housing

Now covers race, religion, national origin, sex, disability, and “familial status.”

Complaints to HUD are investigated by HUD and then referred to DOJ, which can sue on behalf of the aggrieved party.

DOJ can also initiate its own lawsuit in “pattern and practice cases” and “cases of general public importance.”

Private right of action by individuals also authorized.

Damages and Injunctive Relief authorized if DOJ sues; Only damages authorized in private actions.

Fair Housing

Under Act’s “otherwise make unavailable or deny” language, coverage includes: the sale or rental of housing, mortgage lending, homeowners’ insurance, zoning, appraisals, and tax assessments.

Interpreted by DOJ to cover sexual harassment of tenants by landlords (male on male; female on female; male on female, female on male).

Fair Housing

Trends: 2-4 million cases each year; most are race-based claims; disability claims on the rise.

Potential if expanded to sexual orientation and gender identity: Relief not limited to just monetary damages. DOJ could obtain broad injunctive relief to effectuate

change. HUD could investigate complaints at no cost to

aggrieved party and DOJ could sue on behalf of aggrieved party.

Fair Housing

State laws protecting “transgender” people from housing discrimination: 5 States: CA, CT, MN, NM & RI.

State laws protecting gay and lesbians from housing discrimination: 13 states: CA, CT, DC, HA, ME, MD, MA, MN, NH, NJ,

NM, RI, VT, WI.

How Federal Civil Rights Enforcement Impacted Six Female Tenants in Detroit

Protected Classes in Federal Civil Rights Laws

Race Political AffiliationColor Source of IncomeNational Origin Immigration StatusSex Familial StatusEthnicity Armed Services StatusReligionDisability Compare to:Age Sexual OrientationLanguage Minority Gender IdentityMarital Status

How Enforcement by DOJ and EEOC Can Make A Difference

DOJ Enforcement Staff, Budget, and StatsEEOC Enforcement Staff, Budget, and Stats.

Questions?

Please email me at: greg.brooker@usdoj.gov

Gregory G. BrookerAssistant U.S. AttorneyU.S. Attorney’s Office600 U.S. Courthouse300 South Fourth StreetMinneapolis, MN 55415(612) 664-5600

DOJ Notice

The views expressed in this presentation are those of the presenter and do not represent official policy of the U.S. Department of Justice or the U.S. Attorney’s Office for the District of Minnesota.