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Specific discussions in areas such as economic development and natural resources, public safety and housing, education, and health and labor, were also led by other high-level Administration representatives. For example, the United States Environmental Protection Agency finalized an Agency-wide Tribal Consultation Policy on May 4, 2011, to fully comply with Executive Order 13175 on tribal coordination and consultation. The White House issued a synopsis of the event at: Earlier the same day, President Obama signed an Executive Order that establishes an initiative that will help expand educational opportunities and improve educational outcomes for all American Indian and Alaska Native students, including opportunities to learn their Native languages, cultures, and histories and receive a complete and competitive education that prepares them for college and a career and productive and satisfying lives. The Secretary of the Interior may collect income from tribal trust property and may deposit it for the benefit of the relevant tribe in the United States Treasury or other depository institution. Approximately 56 million surface acres and 57 million acres of subsurface mineral estates are held in federal trust for the use and benefit of tribes and individual Indians. In addition, USDA will also provide a total of up to 0 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. 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. It is with great pleasure that the Government of the United States of America presents its Fourth Periodic Report to the United Nations Human Rights Committee concerning the implementation of its obligations under the International Covenant on Civil and Political Rights (“the Covenant” or “ICCPR”), in accordance with Covenant Article 40. But it is our commitment to certain universal values which allows us to correct our imperfections, to improve constantly, and to grow stronger over time. Working with tribal leaders, this team is helping to shape federal policies that affect tribal communities. As a follow-up to the first Tribal Nations Conference, Secretary of the Interior Salazar and Secretary of Education Arne Duncan met with prominent Native American educators to discuss the educational challenges and opportunities facing tribal communities and to share strategies that have helped to advance opportunities for Native American students around the nation. In fiscal year 2011, it has initiated 37 compliance reviews and resolved 4. The IDEA and its implementing regulations provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in any state or local school district with respect to the identification of children with disabilities, their placement into particular educational settings, and the incidence, duration, and type of disciplinary actions taken against students with disabilities. Part 104, prohibit recipients of ED’s financial assistance from discriminating on the basis of disability. Its dedicated fair lending unit is targeting its enforcement actions to specific discriminatory lending practices, including: 74. § 1981 against discrimination in making and enforcing contracts include employment contracts where the victim is targeted for retaliation for attempting to help another); Jackson v. Through prevention and elimination of unlawful discrimination, HHS/OCR helps HHS carry out its overall mission of improving the health and well-being of all people affected by its many programs. HHS/OCR carries out these responsibilities primarily through conducting investigations to resolve discrimination complaints brought by individuals. 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.

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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

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.

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.

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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. 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.

.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.

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.



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