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.

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.

This is why we are committed to holding everyone to the same standard, including ourselves.” In implementing its treaty obligation under ICCPR Article 40, the United States has taken this opportunity to engage in a process of stock-taking and self-examination. Tribal leaders have stressed the importance of greater tribal control over the education of American Indian and Alaska Native students. The Administration has also accelerated the rebuilding of schools on tribal lands and is working to improve the programs available at tribal colleges. The Administration is also moving forward on other issues critical to members of Indian tribes. Signing and implementing this landmark law constitutes a major step toward fulfilling our national aspiration to provide high-quality, affordable health care to all citizens, including American Indians and Alaska Natives. The Attorney General met with the leaders of federally-recognized Indian tribes in October 2009 to discuss public safety challenges in tribal communities, and the Department of Justice issued a directive to all United States Attorneys with federally recognized tribes in their districts to develop, after consultation with those tribes, operational plans for addressing public safety in Indian country. In addition, the Federal Bureau of Investigation (FBI) added nine positions, including six agents to work on Indian country investigations. During fiscal year 2010, EEOC received 5,788 requests for hearings and 4,545 appeals from federal employee discrimination claims (compared to 10,279 hearing requests and 7,490 appeals in 2005). 1325 (2011) (Fair Labor Standards Act prohibition against retaliation extends to internally-made oral complaints); Thompson v. Among other activities, HHS Secretary Sebelius is working with Secretary Donovan of the Department of Housing and Urban Development to improve access to housing, community support, and independent living arrangements. 345(a)(4); · Investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General, 6 U. Similarly, the EEOC reaches out to new immigrants in many ways, including by offering information about employment discrimination and how to file EEOC charges in languages such as Spanish, Arabic, Chinese, Haitian/Creole, Korean, Russian, and Vietnamese. Offenders in these facilities are under the custody of the Attorney General, even though daily management is administered by the facility staff. The Criminal Section of the DOJ/CRD is charged with reviewing such complaints made to the federal government and ensuring the vigorous enforcement of applicable federal criminal civil rights statutes.

The United States hopes to use this process to improve its human rights performance. As President Obama has stated, “Despite the real gains that we’ve made, there are still laws to change and there are still hearts to open.” 3. First Lady Michelle Obama has also made a particular effort to involve Native American youth in her “Let’s Move! She has, for example, recruited Native American athletes to encourage Native American children to adopt healthy lifestyles. Another public health challenge on which the Administration is focusing particularly intensely is the unacceptably high rate of suicide by Native American youth. The Administration has held listening sessions with tribal leaders across the country. In 2010, the FBI Office for Victim Assistance added 12 additional Victim Specialist positions to provide victim assistance in Indian country. On the other hand, certain governmental distinctions or classifications, such as those based on race and sex, have been recognized as inherently suspect or quasi-suspect and therefore have been subjected to more exacting judicial scrutiny and judged against more stringent requirements. In the federal sector, retaliation claims outnumber all others, followed by race and sex discrimination claims. In implementing the Olmstead decision and the community living initiative at HHS, Secretary Sebelius has created an HHS Coordinating Council, led by the Office on Disability. 345(a)(1); · Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights or civil liberties of individuals affected by the programs and activities of the Department, 6 U. The EEOC in particular has worked to ensure that the Arab- and Muslim-American communities are aware of their rights to a workplace free from discrimination and to religious accommodations, barring undue hardship, of sincerely held religious beliefs. There have generally been fewer allegations of the violation of procedural rights than physical abuse allegations. When problems arise or allegations are raised regarding misconduct, the Attorney General may also initiate an investigation. An in absentia order may be rescinded in two circumstances: (1) the alien may make a motion to reopen within 180 days of the final order if he or she can show that the failure to appear was due to exceptional circumstances; or (2) the alien may file a motion to reopen at any time showing that he or she did not receive proper notice of the hearing, 8 U.

Specific discussions in areas such as economic development and natural resources, public safety and housing, education, and health and labor, were also led by other high-level Administration representatives. For example, the United States Environmental Protection Agency finalized an Agency-wide Tribal Consultation Policy on May 4, 2011, to fully comply with Executive Order 13175 on tribal coordination and consultation. The White House issued a synopsis of the event at: Earlier the same day, President Obama signed an Executive Order that establishes an initiative that will help expand educational opportunities and improve educational outcomes for all American Indian and Alaska Native students, including opportunities to learn their Native languages, cultures, and histories and receive a complete and competitive education that prepares them for college and a career and productive and satisfying lives. The Secretary of the Interior may collect income from tribal trust property and may deposit it for the benefit of the relevant tribe in the United States Treasury or other depository institution. Approximately 56 million surface acres and 57 million acres of subsurface mineral estates are held in federal trust for the use and benefit of tribes and individual Indians. In addition, USDA will also provide a total of up to $160 million in debt relief to successful Hispanic and female claimants who currently owe USDA money for eligible farm loans. As noted in the Second and Third Periodic Report, under United States immigration law, an alien is “any person not a citizen or national of the United States,” 8 U. The Bureau is focusing on four policy areas: 1) promoting high-growth, high-paying “green” jobs, nontraditional jobs, and science, technology, engineering and mathematics (STEM) occupations for women; 2) narrowing the wage gap between men and women; 3) promoting work-life balance, especially workplace flexibility; and 4) improving services for homeless women veterans. Rather, plaintiffs must identify a specific employment practice common to all class members to satisfy Rule 23(a)(2). 2000e (k) (2004), which amended Title VII of the Civil Rights Act, protects women from employment discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” The PDA requires that pregnancy be treated the same as other physical or medical conditions with respect to leave, health insurance, and fringe benefits. The revisions to the parole guidelines were informed in part by recommendations from the United Nations High Commissioner for Refugees and nongovernmental organizations. The Resource Center will provide additional training, technical assistance, and program implementation resources to the field to assist in the identification and promulgation of best practices and promising practices. During the removal proceedings, the immigration judge has the authority to determine whether an alien is inadmissible or deportable, to grant relief from removal (e.g., voluntary departure, asylum, cancellation of removal), and to determine the country to which an alien should be removed.

The Policy provides tribal governments a meaningful opportunity to provide input before EPA makes final decisions on actions that may affect tribal interests and supports EPA's priority of strengthening its partnership with tribes. A second White House Tribal Nations Conference was held in December 2010 to continue the dialogue and build on the President’s commitment to strengthen the government-to-government relationship between the U. During this Conference, President Obama announced United States support for the United Nations Declaration on the Rights of Indigenous Peoples and noted that the United States was releasing a more detailed statement about U. support for the Declaration and the Administration’s ongoing work on Native American issues. The White House also released a report, “Achieving a Brighter Future for Tribal Nations,” which provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. Allotted lands remained allotted, but the IRA provided that unallotted surplus Indian lands would return to tribal ownership. Trust land is maintained both on and off Indian reservations, and may not be alienated, encumbered, or otherwise restricted without the approval of the Secretary of the Interior. The Director of the Women’s Bureau is the principal adviser to the Secretary of Labor on issues affecting women in the labor force. In addition, the Court held that the plaintiffs’ claims for back pay could not be certified under Rule 23(b)(2), which does not permit certification of class actions for individualized monetary relief claims. The Pregnancy Discrimination Act (PDA) of 1978, 42 U. As noted in paragraphs 65 to 68 of the Second and Third Periodic Report, the Supreme Court has held that the PDA protects not only female employees, but also the female spouses of male employees. Finally, as noted above, DOJ/CRD has prosecuted state and local prison guards and other law enforcement officers for sexually assaulting persons in custody and for enticing inmates to sexually assault a prisoner. In 2009, the Inspector General of DOJ (DOJ/OIG) issued a further report on the issue.

Approximately 14 percent of homes on reservations do not have electricity; and 9 percent do not have access to a safe water supply. Article 2 – Equal protection of rights in the Covenant General Equal Protection 32. Both lawsuits are currently pending in the court system. In addition, in a different case involving a test for firefighters administered by the city of Chicago, the Supreme Court held that a plaintiff who does not file a timely charge challenging the initial adoption of a practice may nonetheless assert a timely disparate impact claim challenging the employer’s later application of that practice (i.e., through continued reliance on the test results), as long as the plaintiff alleges each of the elements of a disparate impact claim with respect to the later application. In addition, USDA has developed several other initiatives to assist minority and socially disadvantaged farmers, including an Office of Advocacy and Outreach, a Minority Farm Register to assist in outreach, and new guidelines for improving minority participation in county committee elections. Similarly, the Court has held that aliens are “person[s]” within the meaning of the due process protections of the Fifth Amendment. These provisions prohibit both the federal government and the states from discriminating on the basis of sex. Habeas corpus relief has been held to be available to those detained outside the United States in some situations. DOJ is also acting on the NPREC’s other recommendations. An alien must also be afforded a competent, impartial interpreter if the alien is not able to communicate effectively in English.

In some instances, poverty leads to crime and exposure to crime, and Native communities are faced with an increase of youth gangs, violent crime at rates higher than the national average, and high rates of violence against women and children. The enjoyment by all individuals within the United States of the rights enumerated in the Covenant without regard to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, was discussed in paragraphs 77-100 of the United States Initial Report and paragraphs 26-59 of the combined Second and Third Periodic Report. constitutional doctrine of equal protection, neither the federal government nor any state may deny any person equal protection under the law. The recent

The Policy provides tribal governments a meaningful opportunity to provide input before EPA makes final decisions on actions that may affect tribal interests and supports EPA's priority of strengthening its partnership with tribes. A second White House Tribal Nations Conference was held in December 2010 to continue the dialogue and build on the President’s commitment to strengthen the government-to-government relationship between the U. During this Conference, President Obama announced United States support for the United Nations Declaration on the Rights of Indigenous Peoples and noted that the United States was releasing a more detailed statement about U. support for the Declaration and the Administration’s ongoing work on Native American issues. The White House also released a report, “Achieving a Brighter Future for Tribal Nations,” which provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. Allotted lands remained allotted, but the IRA provided that unallotted surplus Indian lands would return to tribal ownership. Trust land is maintained both on and off Indian reservations, and may not be alienated, encumbered, or otherwise restricted without the approval of the Secretary of the Interior. The Director of the Women’s Bureau is the principal adviser to the Secretary of Labor on issues affecting women in the labor force. In addition, the Court held that the plaintiffs’ claims for back pay could not be certified under Rule 23(b)(2), which does not permit certification of class actions for individualized monetary relief claims. The Pregnancy Discrimination Act (PDA) of 1978, 42 U. As noted in paragraphs 65 to 68 of the Second and Third Periodic Report, the Supreme Court has held that the PDA protects not only female employees, but also the female spouses of male employees. Finally, as noted above, DOJ/CRD has prosecuted state and local prison guards and other law enforcement officers for sexually assaulting persons in custody and for enticing inmates to sexually assault a prisoner. In 2009, the Inspector General of DOJ (DOJ/OIG) issued a further report on the issue. Approximately 14 percent of homes on reservations do not have electricity; and 9 percent do not have access to a safe water supply. Article 2 – Equal protection of rights in the Covenant General Equal Protection 32. Both lawsuits are currently pending in the court system. In addition, in a different case involving a test for firefighters administered by the city of Chicago, the Supreme Court held that a plaintiff who does not file a timely charge challenging the initial adoption of a practice may nonetheless assert a timely disparate impact claim challenging the employer’s later application of that practice (i.e., through continued reliance on the test results), as long as the plaintiff alleges each of the elements of a disparate impact claim with respect to the later application. In addition, USDA has developed several other initiatives to assist minority and socially disadvantaged farmers, including an Office of Advocacy and Outreach, a Minority Farm Register to assist in outreach, and new guidelines for improving minority participation in county committee elections. Similarly, the Court has held that aliens are “person[s]” within the meaning of the due process protections of the Fifth Amendment. These provisions prohibit both the federal government and the states from discriminating on the basis of sex. Habeas corpus relief has been held to be available to those detained outside the United States in some situations. DOJ is also acting on the NPREC’s other recommendations. An alien must also be afforded a competent, impartial interpreter if the alien is not able to communicate effectively in English. In some instances, poverty leads to crime and exposure to crime, and Native communities are faced with an increase of youth gangs, violent crime at rates higher than the national average, and high rates of violence against women and children. The enjoyment by all individuals within the United States of the rights enumerated in the Covenant without regard to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, was discussed in paragraphs 77-100 of the United States Initial Report and paragraphs 26-59 of the combined Second and Third Periodic Report. constitutional doctrine of equal protection, neither the federal government nor any state may deny any person equal protection under the law. The recent $1.25 billion settlement is noted above. Native American farmers brought a similar class action against USDA in 1999 alleging discriminatory lending practices with regard to Native American applicants. Many of these protections are shared on an equal basis with citizens, including a broad range of protections against racial and national origin discrimination. On March 11, 2009, President Obama issued Executive Order 13506 creating the White House Council on Women and Girls. In that case, parents who alleged that the school’s response was inadequate to their claims of sexual harassment of their kindergarten-age daughter by an older male student at school brought claims against the school under both Title IX and the Equal Protection Clause of the Constitution. In December 2009, Immigration and Customs Enforcement (ICE) issued new guidelines concerning the release from detention of aliens arriving in the United States at ports-of-entry who are without proper identity and entry documents, but who have a credible fear of persecution or torture. DOJ’s Office on Violence Against Women is overseeing the development of a corollary to the 2004 National Protocol for Sexual Assault Medical Forensic Examinations that is customized to the conditions of confinement. The rule of law and equal administration of justice has busted monopolies, shut down political machines that were corrupt, ended abuses of power. Both the plaintiffs and the federal government appealed these rulings. For example, in 20, such opportunities included a partnership with Argonne National Laboratory to mentor American Indian and Alaska Native interns in management of tribal energy and natural resources, and the creation of the Tribal Energy and Environmental Information Clearinghouse (TEEIC) – a knowledge base to help tribes and tribal organizations develop environmental analysis and evaluation programs and processes that further their energy and economic goals (see a partnership with the Colorado School of Mines to assist tribal colleges in developing energy engineering courses; and an annual Indian Education Renewable Energy Challenge for tribal college and Bureau of Indian Affairs high school students, sponsored by the Department of the Interior in partnership with Argonne National Laboratory. These compliance reviews and directed activities address a range of civil rights issues, such as sexual harassment and sexual violence, racial harassment, sex discrimination in athletics, accessibility of facilities for persons with disabilities, access to Advance Placement and similar courses for students with disabilities as well as minority students, discriminatory discipline of students with disabilities and minority students, minority and English learner (EL) students inappropriately included in or excluded from special education services, meaningful access to districts’ educational programs for EL students and their parents, and other issues. ED/OCR also provides technical assistance and offers policy guidance on how to prevent and address discrimination on the basis of race, color, national origin, sex, disability, or age to the thousands of educational institutions and millions of students and parents who fall under its jurisdiction. 1681, which prohibits sex-based discrimination in federally-assisted educational programs. The Individuals with Disabilities Education Act (IDEA), 20 U. The IDEA requires school systems to develop an appropriate individualized education program for each child with a disability designed to meet the child’s specific educational needs. The Office of Special Education and Rehabilitative Services (OSERS) in ED administers the IDEA. Section 504 of the Rehabilitation Act of 1973, 29 U. Under these regulations, “[a] recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.” See 34 C. Recent accomplishments have included the filing of a consent decree requiring payment of a minimum of $6.1 million in United States v. Additional information on cases can be found at and in U. reports filed with the Committee on Elimination of Racial Discrimination, available at DOJ has also brought numerous cases alleging sexual harassment in housing. In fiscal year 2010, 4,100 covered entities took corrective actions as a result of HHS OCR intervention. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities. Independent media have exposed corruption at all levels of business and government. Internship and energy challenge opportunities are being planned for 2012. Although tribal lands often have oil, gas, coal, or uranium resources, and tremendous renewable energy resources, tribal communities face immense energy challenges. In fiscal years 20, OCR has delivered over 750 technical assistance presentations, , both to help educational institutions comply with federal civil rights requirements, and to inform parents, students and others of their rights under the law. Examples of recent resolutions of ED/OCR and DOJ/CRD complaints and compliance reviews include: 66. Government’s enforcement of Title IX of the Education Amendments of 1972, 20 U. It developed the Title IX common rule, published on August 30, 2000, by 21 agencies (including DOJ) that, until that time, did not have Title IX regulations, to ensure consistent application of the prohibition against sex discrimination. In 2009, the Supreme Court held that the IDEA authorizes reimbursement for private special education services when a public school district fails to provide a “free appropriate public education” as required by the Act, and where private school placement is appropriate, regardless of whether the child had previously received special educational services through the public school district. AIG Federal Savings Bank and Wilmington Finance (2010), which involved racial discrimination against Black/African American borrowers in fees charged on wholesale mortgage loans; and resolution of U. These cases have resulted in the payment of millions of dollars in damages to female tenants, as well as orders permanently barring sexual harassers from managing rental properties. HHS/OCR also provided training and technical assistance to more than 55,975 individuals. As discussed below, particular concerns include prison rape and sexual harassment of women, shackling of pregnant female prisoners, and treatment of mentally ill persons in mental health facilities. As described in greater detail in paragraph 176 of the Second and Third Periodic Reports, individuals convicted of federal crimes in the United States are sentenced by courts to the custody of the U. Attorney General, who oversees the Federal Bureau of Prisons (BOP). The United States is committed to promoting and protecting human rights. Freedom of speech and assembly has allowed women, and minorities, and workers to protest for full and equal rights at a time when they were denied. Court of Appeals for the District of Columbia Circuit rendered its opinion on the appeal, holding that while the district court’s analysis of duty and breach were generally correct, the court had erred in freeing the DOI from its burden to make an accounting. In addition to providing support for tribal schools and colleges, the Department of the Interior has actively provided educational and training opportunities for Native American youth related to current energy, environmental and business challenges, often in partnership with universities and research centers. In addition, in fiscal year 2011 OCR has launched 3 directed investigations involving sexual harassment and violence and one involving racial harassment. 1400 et seq., as amended, requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Where significant disproportionality exists, states must provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure compliance with the IDEA; require any school district so identified to reserve fifteen percent of its total IDEA grant funds to provide coordinated early intervening services, particularly to children in the over identified group; and require school districts so identified to report publicly on revisions to policies, procedures, and practices. 794, and the Department of Education’s implementing regulations, 34 C. Recipients are prohibited from disability-based discrimination in elementary and secondary schools and postsecondary institutions. Since the fair lending unit was created in 2010, DOJ/CRD has filed six fair lending cases involving allegations of a pattern or practice of discrimination or discrimination against a group of persons. (2010), a Fair Housing Act case alleging discrimination on the basis of race and familial status in apartment rentals. It also works with its sister civil rights agencies throughout the federal government to sponsor public education events and develop technical assistance material to raise awareness of civil rights requirements. In turn, the decisions of the Board of Immigration Appeals may be further appealed to a federal court of appeals through the filing of a “petition for review” within 30 days of the Board’s decision.

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The Policy provides tribal governments a meaningful opportunity to provide input before EPA makes final decisions on actions that may affect tribal interests and supports EPA's priority of strengthening its partnership with tribes. A second White House Tribal Nations Conference was held in December 2010 to continue the dialogue and build on the President’s commitment to strengthen the government-to-government relationship between the U. During this Conference, President Obama announced United States support for the United Nations Declaration on the Rights of Indigenous Peoples and noted that the United States was releasing a more detailed statement about U. support for the Declaration and the Administration’s ongoing work on Native American issues. The White House also released a report, “Achieving a Brighter Future for Tribal Nations,” which provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. Allotted lands remained allotted, but the IRA provided that unallotted surplus Indian lands would return to tribal ownership. Trust land is maintained both on and off Indian reservations, and may not be alienated, encumbered, or otherwise restricted without the approval of the Secretary of the Interior. The Director of the Women’s Bureau is the principal adviser to the Secretary of Labor on issues affecting women in the labor force. In addition, the Court held that the plaintiffs’ claims for back pay could not be certified under Rule 23(b)(2), which does not permit certification of class actions for individualized monetary relief claims. The Pregnancy Discrimination Act (PDA) of 1978, 42 U. As noted in paragraphs 65 to 68 of the Second and Third Periodic Report, the Supreme Court has held that the PDA protects not only female employees, but also the female spouses of male employees. Finally, as noted above, DOJ/CRD has prosecuted state and local prison guards and other law enforcement officers for sexually assaulting persons in custody and for enticing inmates to sexually assault a prisoner. In 2009, the Inspector General of DOJ (DOJ/OIG) issued a further report on the issue.

Approximately 14 percent of homes on reservations do not have electricity; and 9 percent do not have access to a safe water supply. Article 2 – Equal protection of rights in the Covenant General Equal Protection 32. Both lawsuits are currently pending in the court system. In addition, in a different case involving a test for firefighters administered by the city of Chicago, the Supreme Court held that a plaintiff who does not file a timely charge challenging the initial adoption of a practice may nonetheless assert a timely disparate impact claim challenging the employer’s later application of that practice (i.e., through continued reliance on the test results), as long as the plaintiff alleges each of the elements of a disparate impact claim with respect to the later application. In addition, USDA has developed several other initiatives to assist minority and socially disadvantaged farmers, including an Office of Advocacy and Outreach, a Minority Farm Register to assist in outreach, and new guidelines for improving minority participation in county committee elections. Similarly, the Court has held that aliens are “person[s]” within the meaning of the due process protections of the Fifth Amendment. These provisions prohibit both the federal government and the states from discriminating on the basis of sex. Habeas corpus relief has been held to be available to those detained outside the United States in some situations. DOJ is also acting on the NPREC’s other recommendations. An alien must also be afforded a competent, impartial interpreter if the alien is not able to communicate effectively in English.

In some instances, poverty leads to crime and exposure to crime, and Native communities are faced with an increase of youth gangs, violent crime at rates higher than the national average, and high rates of violence against women and children. The enjoyment by all individuals within the United States of the rights enumerated in the Covenant without regard to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, was discussed in paragraphs 77-100 of the United States Initial Report and paragraphs 26-59 of the combined Second and Third Periodic Report. constitutional doctrine of equal protection, neither the federal government nor any state may deny any person equal protection under the law. The recent $1.25 billion settlement is noted above. Native American farmers brought a similar class action against USDA in 1999 alleging discriminatory lending practices with regard to Native American applicants. Many of these protections are shared on an equal basis with citizens, including a broad range of protections against racial and national origin discrimination. On March 11, 2009, President Obama issued Executive Order 13506 creating the White House Council on Women and Girls. In that case, parents who alleged that the school’s response was inadequate to their claims of sexual harassment of their kindergarten-age daughter by an older male student at school brought claims against the school under both Title IX and the Equal Protection Clause of the Constitution. In December 2009, Immigration and Customs Enforcement (ICE) issued new guidelines concerning the release from detention of aliens arriving in the United States at ports-of-entry who are without proper identity and entry documents, but who have a credible fear of persecution or torture. DOJ’s Office on Violence Against Women is overseeing the development of a corollary to the 2004 National Protocol for Sexual Assault Medical Forensic Examinations that is customized to the conditions of confinement.

The rule of law and equal administration of justice has busted monopolies, shut down political machines that were corrupt, ended abuses of power. Both the plaintiffs and the federal government appealed these rulings. For example, in 20, such opportunities included a partnership with Argonne National Laboratory to mentor American Indian and Alaska Native interns in management of tribal energy and natural resources, and the creation of the Tribal Energy and Environmental Information Clearinghouse (TEEIC) – a knowledge base to help tribes and tribal organizations develop environmental analysis and evaluation programs and processes that further their energy and economic goals (see a partnership with the Colorado School of Mines to assist tribal colleges in developing energy engineering courses; and an annual Indian Education Renewable Energy Challenge for tribal college and Bureau of Indian Affairs high school students, sponsored by the Department of the Interior in partnership with Argonne National Laboratory. These compliance reviews and directed activities address a range of civil rights issues, such as sexual harassment and sexual violence, racial harassment, sex discrimination in athletics, accessibility of facilities for persons with disabilities, access to Advance Placement and similar courses for students with disabilities as well as minority students, discriminatory discipline of students with disabilities and minority students, minority and English learner (EL) students inappropriately included in or excluded from special education services, meaningful access to districts’ educational programs for EL students and their parents, and other issues. ED/OCR also provides technical assistance and offers policy guidance on how to prevent and address discrimination on the basis of race, color, national origin, sex, disability, or age to the thousands of educational institutions and millions of students and parents who fall under its jurisdiction. 1681, which prohibits sex-based discrimination in federally-assisted educational programs. The Individuals with Disabilities Education Act (IDEA), 20 U. The IDEA requires school systems to develop an appropriate individualized education program for each child with a disability designed to meet the child’s specific educational needs. The Office of Special Education and Rehabilitative Services (OSERS) in ED administers the IDEA. Section 504 of the Rehabilitation Act of 1973, 29 U. Under these regulations, “[a] recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.” See 34 C. Recent accomplishments have included the filing of a consent decree requiring payment of a minimum of $6.1 million in United States v. Additional information on cases can be found at and in U. reports filed with the Committee on Elimination of Racial Discrimination, available at DOJ has also brought numerous cases alleging sexual harassment in housing. In fiscal year 2010, 4,100 covered entities took corrective actions as a result of HHS OCR intervention. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities.

Independent media have exposed corruption at all levels of business and government. Internship and energy challenge opportunities are being planned for 2012. Although tribal lands often have oil, gas, coal, or uranium resources, and tremendous renewable energy resources, tribal communities face immense energy challenges. In fiscal years 20, OCR has delivered over 750 technical assistance presentations, , both to help educational institutions comply with federal civil rights requirements, and to inform parents, students and others of their rights under the law. Examples of recent resolutions of ED/OCR and DOJ/CRD complaints and compliance reviews include: 66. Government’s enforcement of Title IX of the Education Amendments of 1972, 20 U. It developed the Title IX common rule, published on August 30, 2000, by 21 agencies (including DOJ) that, until that time, did not have Title IX regulations, to ensure consistent application of the prohibition against sex discrimination. In 2009, the Supreme Court held that the IDEA authorizes reimbursement for private special education services when a public school district fails to provide a “free appropriate public education” as required by the Act, and where private school placement is appropriate, regardless of whether the child had previously received special educational services through the public school district. AIG Federal Savings Bank and Wilmington Finance (2010), which involved racial discrimination against Black/African American borrowers in fees charged on wholesale mortgage loans; and resolution of U. These cases have resulted in the payment of millions of dollars in damages to female tenants, as well as orders permanently barring sexual harassers from managing rental properties. HHS/OCR also provided training and technical assistance to more than 55,975 individuals. As discussed below, particular concerns include prison rape and sexual harassment of women, shackling of pregnant female prisoners, and treatment of mentally ill persons in mental health facilities. As described in greater detail in paragraph 176 of the Second and Third Periodic Reports, individuals convicted of federal crimes in the United States are sentenced by courts to the custody of the U. Attorney General, who oversees the Federal Bureau of Prisons (BOP).

The United States is committed to promoting and protecting human rights. Freedom of speech and assembly has allowed women, and minorities, and workers to protest for full and equal rights at a time when they were denied. Court of Appeals for the District of Columbia Circuit rendered its opinion on the appeal, holding that while the district court’s analysis of duty and breach were generally correct, the court had erred in freeing the DOI from its burden to make an accounting. In addition to providing support for tribal schools and colleges, the Department of the Interior has actively provided educational and training opportunities for Native American youth related to current energy, environmental and business challenges, often in partnership with universities and research centers. In addition, in fiscal year 2011 OCR has launched 3 directed investigations involving sexual harassment and violence and one involving racial harassment. 1400 et seq., as amended, requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Where significant disproportionality exists, states must provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure compliance with the IDEA; require any school district so identified to reserve fifteen percent of its total IDEA grant funds to provide coordinated early intervening services, particularly to children in the over identified group; and require school districts so identified to report publicly on revisions to policies, procedures, and practices. 794, and the Department of Education’s implementing regulations, 34 C. Recipients are prohibited from disability-based discrimination in elementary and secondary schools and postsecondary institutions. Since the fair lending unit was created in 2010, DOJ/CRD has filed six fair lending cases involving allegations of a pattern or practice of discrimination or discrimination against a group of persons. (2010), a Fair Housing Act case alleging discrimination on the basis of race and familial status in apartment rentals. It also works with its sister civil rights agencies throughout the federal government to sponsor public education events and develop technical assistance material to raise awareness of civil rights requirements. In turn, the decisions of the Board of Immigration Appeals may be further appealed to a federal court of appeals through the filing of a “petition for review” within 30 days of the Board’s decision.

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The Policy provides tribal governments a meaningful opportunity to provide input before EPA makes final decisions on actions that may affect tribal interests and supports EPA's priority of strengthening its partnership with tribes. A second White House Tribal Nations Conference was held in December 2010 to continue the dialogue and build on the President’s commitment to strengthen the government-to-government relationship between the U. During this Conference, President Obama announced United States support for the United Nations Declaration on the Rights of Indigenous Peoples and noted that the United States was releasing a more detailed statement about U. support for the Declaration and the Administration’s ongoing work on Native American issues. The White House also released a report, “Achieving a Brighter Future for Tribal Nations,” which provides a summary of some of the many actions the Obama Administration has taken to address the concerns of American Indians and Alaska Natives. Allotted lands remained allotted, but the IRA provided that unallotted surplus Indian lands would return to tribal ownership. Trust land is maintained both on and off Indian reservations, and may not be alienated, encumbered, or otherwise restricted without the approval of the Secretary of the Interior. The Director of the Women’s Bureau is the principal adviser to the Secretary of Labor on issues affecting women in the labor force. In addition, the Court held that the plaintiffs’ claims for back pay could not be certified under Rule 23(b)(2), which does not permit certification of class actions for individualized monetary relief claims. The Pregnancy Discrimination Act (PDA) of 1978, 42 U. As noted in paragraphs 65 to 68 of the Second and Third Periodic Report, the Supreme Court has held that the PDA protects not only female employees, but also the female spouses of male employees. Finally, as noted above, DOJ/CRD has prosecuted state and local prison guards and other law enforcement officers for sexually assaulting persons in custody and for enticing inmates to sexually assault a prisoner. In 2009, the Inspector General of DOJ (DOJ/OIG) issued a further report on the issue.

Approximately 14 percent of homes on reservations do not have electricity; and 9 percent do not have access to a safe water supply. Article 2 – Equal protection of rights in the Covenant General Equal Protection 32. Both lawsuits are currently pending in the court system. In addition, in a different case involving a test for firefighters administered by the city of Chicago, the Supreme Court held that a plaintiff who does not file a timely charge challenging the initial adoption of a practice may nonetheless assert a timely disparate impact claim challenging the employer’s later application of that practice (i.e., through continued reliance on the test results), as long as the plaintiff alleges each of the elements of a disparate impact claim with respect to the later application. In addition, USDA has developed several other initiatives to assist minority and socially disadvantaged farmers, including an Office of Advocacy and Outreach, a Minority Farm Register to assist in outreach, and new guidelines for improving minority participation in county committee elections. Similarly, the Court has held that aliens are “person[s]” within the meaning of the due process protections of the Fifth Amendment. These provisions prohibit both the federal government and the states from discriminating on the basis of sex. Habeas corpus relief has been held to be available to those detained outside the United States in some situations. DOJ is also acting on the NPREC’s other recommendations. An alien must also be afforded a competent, impartial interpreter if the alien is not able to communicate effectively in English.

In some instances, poverty leads to crime and exposure to crime, and Native communities are faced with an increase of youth gangs, violent crime at rates higher than the national average, and high rates of violence against women and children. The enjoyment by all individuals within the United States of the rights enumerated in the Covenant without regard to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, was discussed in paragraphs 77-100 of the United States Initial Report and paragraphs 26-59 of the combined Second and Third Periodic Report. constitutional doctrine of equal protection, neither the federal government nor any state may deny any person equal protection under the law. The recent $1.25 billion settlement is noted above. Native American farmers brought a similar class action against USDA in 1999 alleging discriminatory lending practices with regard to Native American applicants. Many of these protections are shared on an equal basis with citizens, including a broad range of protections against racial and national origin discrimination. On March 11, 2009, President Obama issued Executive Order 13506 creating the White House Council on Women and Girls. In that case, parents who alleged that the school’s response was inadequate to their claims of sexual harassment of their kindergarten-age daughter by an older male student at school brought claims against the school under both Title IX and the Equal Protection Clause of the Constitution. In December 2009, Immigration and Customs Enforcement (ICE) issued new guidelines concerning the release from detention of aliens arriving in the United States at ports-of-entry who are without proper identity and entry documents, but who have a credible fear of persecution or torture. DOJ’s Office on Violence Against Women is overseeing the development of a corollary to the 2004 National Protocol for Sexual Assault Medical Forensic Examinations that is customized to the conditions of confinement.

The rule of law and equal administration of justice has busted monopolies, shut down political machines that were corrupt, ended abuses of power. Both the plaintiffs and the federal government appealed these rulings. For example, in 20, such opportunities included a partnership with Argonne National Laboratory to mentor American Indian and Alaska Native interns in management of tribal energy and natural resources, and the creation of the Tribal Energy and Environmental Information Clearinghouse (TEEIC) – a knowledge base to help tribes and tribal organizations develop environmental analysis and evaluation programs and processes that further their energy and economic goals (see a partnership with the Colorado School of Mines to assist tribal colleges in developing energy engineering courses; and an annual Indian Education Renewable Energy Challenge for tribal college and Bureau of Indian Affairs high school students, sponsored by the Department of the Interior in partnership with Argonne National Laboratory. These compliance reviews and directed activities address a range of civil rights issues, such as sexual harassment and sexual violence, racial harassment, sex discrimination in athletics, accessibility of facilities for persons with disabilities, access to Advance Placement and similar courses for students with disabilities as well as minority students, discriminatory discipline of students with disabilities and minority students, minority and English learner (EL) students inappropriately included in or excluded from special education services, meaningful access to districts’ educational programs for EL students and their parents, and other issues. ED/OCR also provides technical assistance and offers policy guidance on how to prevent and address discrimination on the basis of race, color, national origin, sex, disability, or age to the thousands of educational institutions and millions of students and parents who fall under its jurisdiction. 1681, which prohibits sex-based discrimination in federally-assisted educational programs. The Individuals with Disabilities Education Act (IDEA), 20 U. The IDEA requires school systems to develop an appropriate individualized education program for each child with a disability designed to meet the child’s specific educational needs. The Office of Special Education and Rehabilitative Services (OSERS) in ED administers the IDEA. Section 504 of the Rehabilitation Act of 1973, 29 U. Under these regulations, “[a] recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.” See 34 C. Recent accomplishments have included the filing of a consent decree requiring payment of a minimum of $6.1 million in United States v. Additional information on cases can be found at and in U. reports filed with the Committee on Elimination of Racial Discrimination, available at DOJ has also brought numerous cases alleging sexual harassment in housing. In fiscal year 2010, 4,100 covered entities took corrective actions as a result of HHS OCR intervention. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities.

.25 billion settlement is noted above. Native American farmers brought a similar class action against USDA in 1999 alleging discriminatory lending practices with regard to Native American applicants. Many of these protections are shared on an equal basis with citizens, including a broad range of protections against racial and national origin discrimination. On March 11, 2009, President Obama issued Executive Order 13506 creating the White House Council on Women and Girls. In that case, parents who alleged that the school’s response was inadequate to their claims of sexual harassment of their kindergarten-age daughter by an older male student at school brought claims against the school under both Title IX and the Equal Protection Clause of the Constitution. In December 2009, Immigration and Customs Enforcement (ICE) issued new guidelines concerning the release from detention of aliens arriving in the United States at ports-of-entry who are without proper identity and entry documents, but who have a credible fear of persecution or torture. DOJ’s Office on Violence Against Women is overseeing the development of a corollary to the 2004 National Protocol for Sexual Assault Medical Forensic Examinations that is customized to the conditions of confinement.

The rule of law and equal administration of justice has busted monopolies, shut down political machines that were corrupt, ended abuses of power. Both the plaintiffs and the federal government appealed these rulings. For example, in 20, such opportunities included a partnership with Argonne National Laboratory to mentor American Indian and Alaska Native interns in management of tribal energy and natural resources, and the creation of the Tribal Energy and Environmental Information Clearinghouse (TEEIC) – a knowledge base to help tribes and tribal organizations develop environmental analysis and evaluation programs and processes that further their energy and economic goals (see a partnership with the Colorado School of Mines to assist tribal colleges in developing energy engineering courses; and an annual Indian Education Renewable Energy Challenge for tribal college and Bureau of Indian Affairs high school students, sponsored by the Department of the Interior in partnership with Argonne National Laboratory. These compliance reviews and directed activities address a range of civil rights issues, such as sexual harassment and sexual violence, racial harassment, sex discrimination in athletics, accessibility of facilities for persons with disabilities, access to Advance Placement and similar courses for students with disabilities as well as minority students, discriminatory discipline of students with disabilities and minority students, minority and English learner (EL) students inappropriately included in or excluded from special education services, meaningful access to districts’ educational programs for EL students and their parents, and other issues. ED/OCR also provides technical assistance and offers policy guidance on how to prevent and address discrimination on the basis of race, color, national origin, sex, disability, or age to the thousands of educational institutions and millions of students and parents who fall under its jurisdiction. 1681, which prohibits sex-based discrimination in federally-assisted educational programs. The Individuals with Disabilities Education Act (IDEA), 20 U. The IDEA requires school systems to develop an appropriate individualized education program for each child with a disability designed to meet the child’s specific educational needs. The Office of Special Education and Rehabilitative Services (OSERS) in ED administers the IDEA. Section 504 of the Rehabilitation Act of 1973, 29 U. Under these regulations, “[a] recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.” See 34 C. Recent accomplishments have included the filing of a consent decree requiring payment of a minimum of .1 million in United States v. Additional information on cases can be found at and in U. reports filed with the Committee on Elimination of Racial Discrimination, available at DOJ has also brought numerous cases alleging sexual harassment in housing. In fiscal year 2010, 4,100 covered entities took corrective actions as a result of HHS OCR intervention. As some members of civil society have noted, concerns have been raised about the treatment of persons in prisons and mental health facilities.

Independent media have exposed corruption at all levels of business and government. Internship and energy challenge opportunities are being planned for 2012. Although tribal lands often have oil, gas, coal, or uranium resources, and tremendous renewable energy resources, tribal communities face immense energy challenges. In fiscal years 20, OCR has delivered over 750 technical assistance presentations, , both to help educational institutions comply with federal civil rights requirements, and to inform parents, students and others of their rights under the law. Examples of recent resolutions of ED/OCR and DOJ/CRD complaints and compliance reviews include: 66. Government’s enforcement of Title IX of the Education Amendments of 1972, 20 U. It developed the Title IX common rule, published on August 30, 2000, by 21 agencies (including DOJ) that, until that time, did not have Title IX regulations, to ensure consistent application of the prohibition against sex discrimination. In 2009, the Supreme Court held that the IDEA authorizes reimbursement for private special education services when a public school district fails to provide a “free appropriate public education” as required by the Act, and where private school placement is appropriate, regardless of whether the child had previously received special educational services through the public school district. AIG Federal Savings Bank and Wilmington Finance (2010), which involved racial discrimination against Black/African American borrowers in fees charged on wholesale mortgage loans; and resolution of U. These cases have resulted in the payment of millions of dollars in damages to female tenants, as well as orders permanently barring sexual harassers from managing rental properties. HHS/OCR also provided training and technical assistance to more than 55,975 individuals. As discussed below, particular concerns include prison rape and sexual harassment of women, shackling of pregnant female prisoners, and treatment of mentally ill persons in mental health facilities. As described in greater detail in paragraph 176 of the Second and Third Periodic Reports, individuals convicted of federal crimes in the United States are sentenced by courts to the custody of the U. Attorney General, who oversees the Federal Bureau of Prisons (BOP).

The United States is committed to promoting and protecting human rights. Freedom of speech and assembly has allowed women, and minorities, and workers to protest for full and equal rights at a time when they were denied. Court of Appeals for the District of Columbia Circuit rendered its opinion on the appeal, holding that while the district court’s analysis of duty and breach were generally correct, the court had erred in freeing the DOI from its burden to make an accounting. In addition to providing support for tribal schools and colleges, the Department of the Interior has actively provided educational and training opportunities for Native American youth related to current energy, environmental and business challenges, often in partnership with universities and research centers. In addition, in fiscal year 2011 OCR has launched 3 directed investigations involving sexual harassment and violence and one involving racial harassment. 1400 et seq., as amended, requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. Where significant disproportionality exists, states must provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure compliance with the IDEA; require any school district so identified to reserve fifteen percent of its total IDEA grant funds to provide coordinated early intervening services, particularly to children in the over identified group; and require school districts so identified to report publicly on revisions to policies, procedures, and practices. 794, and the Department of Education’s implementing regulations, 34 C. Recipients are prohibited from disability-based discrimination in elementary and secondary schools and postsecondary institutions. Since the fair lending unit was created in 2010, DOJ/CRD has filed six fair lending cases involving allegations of a pattern or practice of discrimination or discrimination against a group of persons. (2010), a Fair Housing Act case alleging discrimination on the basis of race and familial status in apartment rentals. It also works with its sister civil rights agencies throughout the federal government to sponsor public education events and develop technical assistance material to raise awareness of civil rights requirements. In turn, the decisions of the Board of Immigration Appeals may be further appealed to a federal court of appeals through the filing of a “petition for review” within 30 days of the Board’s decision.