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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.

Nearly 500 tribal leaders participated, as well as Members of Congress, several cabinet secretaries and other senior administration officials from the Departments of State, Justice, Commerce, Education, Energy, Agriculture, Labor, Health and Human Services, Housing and Urban Development, the Interior, and the Environmental Protection Agency. commitment to strengthening the government-to-government relationships with federally recognized tribes and furthering U. Session topics included: Creating Jobs and Growing Tribal Economies, Promoting Safe and Strong Tribal Communities, Protecting Natural Resources and Respect for Cultural Rights, Improving Access to Healthcare, Education, Housing, Infrastructure and Other Federal Services, and Strengthening the Government-to-Government Relationship. The federal government retained control of lands already allotted, but not yet fee-patented, and thereby retained its fiduciary obligations to administer the trust lands and funds arising from those lands for the benefit of individual Indian beneficiaries. The Cobell case was filed in 1996 as a class action on behalf of approximately 500,000 individual beneficiaries of IIM accounts, alleging that the Secretaries of the Interior and Treasury had breached their fiduciary duties relating to accounting of IIM accounts, and seeking declaratory and injunctive relief, see Cobell v. The United States’ combined Fourth, Fifth and Sixth Periodic Report was submitted to the Committee on 24 April 2007, and a United States delegation appeared before the CERD Committee concerning that Report at its 72 Session, 18 February - 7 March 2008. reports and Committee’s Concluding Observations and Recommendations are available at The time for filing a claim began on June 29, 2011, and will end on December 27, 2011. On June 10, 2010, President Obama issued a proclamation commemorating the 90 Anniversary of the Department of Labor Women’s Bureau, established by Congress in 1920. Rather, regional and individual store managers had discretion to make decisions on pay and promotion for employees in their regions or stores. This notice is translated into the top eight languages spoken by credible fear port-of-entry claimants (currently, Amharic, Arabic, Chinese (Mandarin-simplified), Creole, French, Somali, Spanish, and Tigrinya). The DOJ Bureau of Justice Assistance also continues to offer aid to state and local governments in an effort to reduce sexual assault of incarcerated persons and to facilitate compliance with the forthcoming standards.

President Obama delivered opening and closing remarks and participated in interactive discussion with the leaders. On November 5, 2009, the President also signed a Memorandum directing every federal agency to develop plans to implement fully Executive Order 13175 on “Consultation and Coordination with Tribal Governments,” which mandates that all agencies have a process to ensure meaningful and timely input by tribal officials in the development of certain policies that have tribal implications. During 2010, the White House issued a progress report following up on the 2009 Conference. Tribal consultations are now at historic levels – marking a new era in the United States’ relationship with tribal governments. During the closing session, tribal leaders heard from Education Secretary Arne Duncan and President Obama delivered closing remarks. These lands form the basis for some of the Individual Indian Money (“IIM”) accounts, which are monitored by the Secretary of the Interior. In addition to the IIM accounts, the federal government also holds lands in trust for the tribes. The Committee’s Concluding Observations and Recommendations, issued on , can be found at CERD/C/USA/CO/6. Many of the components of programmatic relief are already underway and the Obama administration has worked diligently to ensure that notice of the opening of the claims process has been augmented through the multiple field offices of USDA located throughout the country. The Obama Administration is also establishing a voluntary claims process to make available

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.

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

The 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.

Nearly 500 tribal leaders participated, as well as Members of Congress, several cabinet secretaries and other senior administration officials from the Departments of State, Justice, Commerce, Education, Energy, Agriculture, Labor, Health and Human Services, Housing and Urban Development, the Interior, and the Environmental Protection Agency. commitment to strengthening the government-to-government relationships with federally recognized tribes and furthering U. Session topics included: Creating Jobs and Growing Tribal Economies, Promoting Safe and Strong Tribal Communities, Protecting Natural Resources and Respect for Cultural Rights, Improving Access to Healthcare, Education, Housing, Infrastructure and Other Federal Services, and Strengthening the Government-to-Government Relationship. The federal government retained control of lands already allotted, but not yet fee-patented, and thereby retained its fiduciary obligations to administer the trust lands and funds arising from those lands for the benefit of individual Indian beneficiaries. The Cobell case was filed in 1996 as a class action on behalf of approximately 500,000 individual beneficiaries of IIM accounts, alleging that the Secretaries of the Interior and Treasury had breached their fiduciary duties relating to accounting of IIM accounts, and seeking declaratory and injunctive relief, see Cobell v. The United States’ combined Fourth, Fifth and Sixth Periodic Report was submitted to the Committee on 24 April 2007, and a United States delegation appeared before the CERD Committee concerning that Report at its 72 Session, 18 February - 7 March 2008. reports and Committee’s Concluding Observations and Recommendations are available at The time for filing a claim began on June 29, 2011, and will end on December 27, 2011. On June 10, 2010, President Obama issued a proclamation commemorating the 90 Anniversary of the Department of Labor Women’s Bureau, established by Congress in 1920. Rather, regional and individual store managers had discretion to make decisions on pay and promotion for employees in their regions or stores. This notice is translated into the top eight languages spoken by credible fear port-of-entry claimants (currently, Amharic, Arabic, Chinese (Mandarin-simplified), Creole, French, Somali, Spanish, and Tigrinya). The DOJ Bureau of Justice Assistance also continues to offer aid to state and local governments in an effort to reduce sexual assault of incarcerated persons and to facilitate compliance with the forthcoming standards.

President Obama delivered opening and closing remarks and participated in interactive discussion with the leaders. On November 5, 2009, the President also signed a Memorandum directing every federal agency to develop plans to implement fully Executive Order 13175 on “Consultation and Coordination with Tribal Governments,” which mandates that all agencies have a process to ensure meaningful and timely input by tribal officials in the development of certain policies that have tribal implications. During 2010, the White House issued a progress report following up on the 2009 Conference. Tribal consultations are now at historic levels – marking a new era in the United States’ relationship with tribal governments. During the closing session, tribal leaders heard from Education Secretary Arne Duncan and President Obama delivered closing remarks. These lands form the basis for some of the Individual Indian Money (“IIM”) accounts, which are monitored by the Secretary of the Interior. In addition to the IIM accounts, the federal government also holds lands in trust for the tribes. The Committee’s Concluding Observations and Recommendations, issued on , can be found at CERD/C/USA/CO/6. Many of the components of programmatic relief are already underway and the Obama administration has worked diligently to ensure that notice of the opening of the claims process has been augmented through the multiple field offices of USDA located throughout the country. The Obama Administration is also establishing a voluntary claims process to make available $1.33 billion or more to Hispanic farmers and female farmers who alleged discrimination by USDA in the making or servicing of farm loans during certain periods between 19. He said, “As a Nation, we must recommit to the enduring vision of the Women’s Bureau and work to support all wage-earning women.” The Women’s Bureau’s vision is to empower all working women to achieve economic security. In 2009, the Supreme Court reaffirmed the viability of constitutionally-based claims of sex discrimination, holding that the existence of the specific statutory remedy in Title IX of the Education Amendments of 1972, 20 U. The Court ruled that plaintiffs’ evidence of subjective decisionmaking was insufficient to meet their burden of demonstrating a common question of law or fact under Rule 23(a)(2). The procedures also mandate that all arriving aliens found to have a credible fear should be automatically considered for parole without having to make individual written requests for parole, and they add heightened quality assurance safeguards, including monthly reporting by ICE field offices and headquarters analysis of parole rates and decision-making. As noted in the Second and Third Periodic Report, and as discussed further under Article 14 in this report, under federal and state law the writ of habeas corpus can be used to collaterally review a final conviction (in addition to the statutory right to appeal one’s conviction) as well as to challenge execution of a sentence or to challenge as unlawful confinement that does not result from a criminal conviction, such as the commitment into custody for mental incompetence or detention for immigration reasons. Among other activities, the Bureau of Justice Assistance has entered into a three-year cooperative agreement for the development and operation of a Resource Center for the Elimination of Prison Rape.

They are also faced with low rates of school matriculation and completion, and disproportionate health disparities. In the face of these challenges, President Obama believes that tribal leaders must be part of the solution. To address the myriad challenges noted above, the Administration has taken a number of steps to strengthen the government-to-government relationships between the United States and federally recognized tribes. While Articles 2 and 26 are not identical, there is overlap in their coverage. The general rule is that legislative classifications are presumed valid if they bear some rational relation to a legitimate governmental purpose. The court approved a settlement of that lawsuit, Keepseagle v. The settlement establishes an administrative claims process for Native American farmers alleging discrimination against USDA. law, aliens within the territory of the United States, regardless of their immigration status, enjoy robust protections under the U. In particular, the Supreme Court has held that the equal protection and due process protections of the Fourteenth Amendment “are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality.” Yick Wo v. The mission of this Council is to establish a coordinated federal response to issues that affect the lives of American women and girls and to ensure that federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities. Overturning lower court decisions that had limited the parents to proceeding under Title IX, the Supreme Court held that Title IX supplemented rather than replaced the claim for unconstitutional sex discrimination in schools. One emerging area of employment discrimination enforcement involves allegations that implicit bias or a general policy of discrimination infected otherwise subjective employment decisions. 2541 (2011), in which a class of over 1 million female Wal-Mart employees in stores around the United States alleged that Wal-Mart discriminated against them on the basis of sex in determining pay and making promotions, in violation of Title VII of the Civil Rights Act of 1964. These revised guidelines state that ICE officers should “parole” arriving aliens found to have a credible fear who establish their identities, pose neither a flight risk nor a danger to the community, and have no additional factors that weigh against their release. DOJ’s Office for Victims of Crime intends to propose regulations to allow Victims of Crime Act funding to be used for treatment and rehabilitation services for incarcerated victims of sexual abuse.

Thus, the Obama Administration seeks to build relationships between the federal government and tribal governments that rest on mutual respect and working together on a government-to-government basis within the U. For example, on November 5, 2009, President Obama reached out to American Indian and Alaska Native tribes by inviting representatives from the more than 560 federally recognized tribes in the United States to attend a White House Tribal Nations Conference. The decision represents an important and meaningful change in the U. position, and resulted from a comprehensive, interagency policy review, including extensive consultation with tribes. A third Tribal Nations Conference was hosted by President Obama in Washington on December 2, 2011. The 1934 Act extended the trust period indefinitely for allotted lands. Therefore the material in this section relates to both Articles 2 and 26, as well as general related information. The United States became a party to the International Convention on the Elimination of All Forms of Racial Discrimination on 20 November 1994, and the United States submitted its combined Initial, Second and Third Periodic Report to the United Nations Committee on the Elimination of Racial Discrimination (CERD Committee) in September 2000. The settlement agreement provides for $680 million in monetary relief; up to $80 million in debt relief; payments of 25 % of awards to off-set any tax obligations; and wide-ranging programmatic relief, including a moratorium on accelerations, foreclosures, and offsets on accounts involving all Native American borrowers in the Farm Service Agency’s database; a customer’s guide on the Farm Loan Program (FLP); meetings with class counsel to discuss possible changes to the FLP; increased technical assistance in order more fully to utilize USDA programs, to be conducted in multiple locations throughout the country; and the creation of an Ombudsperson and a Council on Native American Farming and Ranching to address issues affecting Native American farmers and ranchers. In setting up the Council, President Obama stated that issues such as equal pay, family leave, and child care are not just women’s issues, but issues that affect entire communities, our economy and our future as a nation. In addition to setting up the Council, one of President Obama’s first actions was to sign the Lilly Ledbetter Fair Pay Act of 2009, which helps ensure that claims for pay discrimination will not be barred because claimants were not aware of the initial discriminatory pay-setting decision. 1681 (barring sex discrimination in federally funded education programs and activities), does not preclude constitutional equal protection claims for such discrimination, Fitzgerald v. These issues arose in the recent case of Wal-Mart v. The Court held that plaintiffs had not produced significant proof that Wal-Mart operated under a general policy of discrimination against women that was central to the claim of each female employee in the class, and thus did not satisfy the “commonality” requirement for a class action under Rule 23(a)(2) of the Federal Rules of Civil Procedure. Asylum offices disseminate the information notice, “How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants,” to arriving aliens found to have a credible fear. DOJ’s Bureau of Justice Statistics continues to conduct studies of the incidence of such sexual assaults in a variety of detention settings. An alien in removal proceedings retains the right to representation by qualified counsel at the alien’s choosing, at no expense to the government.

The link to the President’s remarks, the Executive Order, and the Report is at: In February 2009, the newly-appointed Secretary of the Interior, Ken Salazar, outlined the Obama Administration’s policies with regard to Indian tribes and Alaska Native communities. A significant number of acres of land are also owned in fee status whereby an Indian tribe holds the fee to the land pending consideration of a trust acquisition by the United States. Some federal agencies also have programs to encourage the advancement of women in their own workforces. President Obama also convened a National Equal Pay Task Force that brought together the leadership of agencies with a role to play in wage discrimination affecting women – the EEOC, DOL, DOJ, and Office of Personnel Management. Since this filing, several smaller groups of women have filed smaller pay and promotion class claims concerning the practices of a particular region within Wal-Mart. Finally the PDA prohibits discrimination on the basis of a woman’s capacity to become pregnant, as well as pregnancy, childbirth or related conditions. Caregiver discrimination (also known as “family responsibility discrimination”) refers to employment discrimination against those who are responsible for caring for others, often young children or elderly family members. This report assessed the efforts of DOJ to deter staff abuse of federal prisoners, and included an analysis of the effect of the 20 legislation on prosecution of criminal sexual abuse cases and prison sentences for convicted staff sexual abusers.

Secretary Salazar pledged to restore integrity in governmental relations with Indian tribes and Alaska Native communities, to fulfill the United States’ trust responsibilities to Native Americans and to work cooperatively to build stronger economies and safer Native American communities, by helping address economic development, education and law enforcement, and other major challenges facing Indian tribes and Alaska Native communities. The Department of the Interior has taken 105,000 acres of land into trust for tribes in the past two years as part of its effort to restore tribal homelands. That Act, among other things, outlined the “Interior Secretary’s duties to ensure ‘proper discharge of the trust responsibilities of the United States.’” Id. On July 20, 2010, the Task Force released recommendations for government actions to ensure full compliance with wage discrimination laws and to help provide solutions for families balancing work and caregiving responsibilities. The EEOC’s charge filing statistics report a sharp increase in charges filed under the PDA since the last report (6,119 in 2010, up from 4,730 in 2005). While “caregivers” are not expressly protected under the employment discrimination laws, caregiver discrimination may include pregnancy discrimination claims under Title VII and the PDA, in addition to Title VII allegations that employers stereotype caregivers, particularly female caregivers, as less capable and committed to their employment than men or women without such responsibilities. he Criminal Section of DOJ/CRD has primary enforcement responsibility for cases involving involuntary servitude, forced labor and trafficking. In recent years, due to enhanced criminal statutes, victim-protection provisions, and public awareness programs introduced by the Trafficking Victims Protection Act of 2000, as well as sustained dedication to combating human trafficking, the numbers of trafficking investigations and prosecutions have increased dramatically. Attorneys’ Offices brought a record number of trafficking cases, including a record number of labor trafficking cases. Among other elements, the report noted that allegations of criminal sexual abuse and non-criminal sexual misconduct by prison staff had more than doubled from 2001 to 2008, that allegations had been made in all but one of the 93 prison locations, and that allegations had been made against both male and female employees. The immigration judge must also place the alien under oath, read the facts alleged in the NTA to the alien, and request that the alien admit or deny each factual allegation, 8 C.

.33 billion or more to Hispanic farmers and female farmers who alleged discrimination by USDA in the making or servicing of farm loans during certain periods between 19. He said, “As a Nation, we must recommit to the enduring vision of the Women’s Bureau and work to support all wage-earning women.” The Women’s Bureau’s vision is to empower all working women to achieve economic security. In 2009, the Supreme Court reaffirmed the viability of constitutionally-based claims of sex discrimination, holding that the existence of the specific statutory remedy in Title IX of the Education Amendments of 1972, 20 U. The Court ruled that plaintiffs’ evidence of subjective decisionmaking was insufficient to meet their burden of demonstrating a common question of law or fact under Rule 23(a)(2). The procedures also mandate that all arriving aliens found to have a credible fear should be automatically considered for parole without having to make individual written requests for parole, and they add heightened quality assurance safeguards, including monthly reporting by ICE field offices and headquarters analysis of parole rates and decision-making. As noted in the Second and Third Periodic Report, and as discussed further under Article 14 in this report, under federal and state law the writ of habeas corpus can be used to collaterally review a final conviction (in addition to the statutory right to appeal one’s conviction) as well as to challenge execution of a sentence or to challenge as unlawful confinement that does not result from a criminal conviction, such as the commitment into custody for mental incompetence or detention for immigration reasons. Among other activities, the Bureau of Justice Assistance has entered into a three-year cooperative agreement for the development and operation of a Resource Center for the Elimination of Prison Rape.

They are also faced with low rates of school matriculation and completion, and disproportionate health disparities. In the face of these challenges, President Obama believes that tribal leaders must be part of the solution. To address the myriad challenges noted above, the Administration has taken a number of steps to strengthen the government-to-government relationships between the United States and federally recognized tribes. While Articles 2 and 26 are not identical, there is overlap in their coverage. The general rule is that legislative classifications are presumed valid if they bear some rational relation to a legitimate governmental purpose. The court approved a settlement of that lawsuit, Keepseagle v. The settlement establishes an administrative claims process for Native American farmers alleging discrimination against USDA. law, aliens within the territory of the United States, regardless of their immigration status, enjoy robust protections under the U. In particular, the Supreme Court has held that the equal protection and due process protections of the Fourteenth Amendment “are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality.” Yick Wo v. The mission of this Council is to establish a coordinated federal response to issues that affect the lives of American women and girls and to ensure that federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities. Overturning lower court decisions that had limited the parents to proceeding under Title IX, the Supreme Court held that Title IX supplemented rather than replaced the claim for unconstitutional sex discrimination in schools. One emerging area of employment discrimination enforcement involves allegations that implicit bias or a general policy of discrimination infected otherwise subjective employment decisions. 2541 (2011), in which a class of over 1 million female Wal-Mart employees in stores around the United States alleged that Wal-Mart discriminated against them on the basis of sex in determining pay and making promotions, in violation of Title VII of the Civil Rights Act of 1964. These revised guidelines state that ICE officers should “parole” arriving aliens found to have a credible fear who establish their identities, pose neither a flight risk nor a danger to the community, and have no additional factors that weigh against their release. DOJ’s Office for Victims of Crime intends to propose regulations to allow Victims of Crime Act funding to be used for treatment and rehabilitation services for incarcerated victims of sexual abuse.

Thus, the Obama Administration seeks to build relationships between the federal government and tribal governments that rest on mutual respect and working together on a government-to-government basis within the U. For example, on November 5, 2009, President Obama reached out to American Indian and Alaska Native tribes by inviting representatives from the more than 560 federally recognized tribes in the United States to attend a White House Tribal Nations Conference. The decision represents an important and meaningful change in the U. position, and resulted from a comprehensive, interagency policy review, including extensive consultation with tribes. A third Tribal Nations Conference was hosted by President Obama in Washington on December 2, 2011. The 1934 Act extended the trust period indefinitely for allotted lands. Therefore the material in this section relates to both Articles 2 and 26, as well as general related information. The United States became a party to the International Convention on the Elimination of All Forms of Racial Discrimination on 20 November 1994, and the United States submitted its combined Initial, Second and Third Periodic Report to the United Nations Committee on the Elimination of Racial Discrimination (CERD Committee) in September 2000. The settlement agreement provides for 0 million in monetary relief; up to million in debt relief; payments of 25 % of awards to off-set any tax obligations; and wide-ranging programmatic relief, including a moratorium on accelerations, foreclosures, and offsets on accounts involving all Native American borrowers in the Farm Service Agency’s database; a customer’s guide on the Farm Loan Program (FLP); meetings with class counsel to discuss possible changes to the FLP; increased technical assistance in order more fully to utilize USDA programs, to be conducted in multiple locations throughout the country; and the creation of an Ombudsperson and a Council on Native American Farming and Ranching to address issues affecting Native American farmers and ranchers. In setting up the Council, President Obama stated that issues such as equal pay, family leave, and child care are not just women’s issues, but issues that affect entire communities, our economy and our future as a nation. In addition to setting up the Council, one of President Obama’s first actions was to sign the Lilly Ledbetter Fair Pay Act of 2009, which helps ensure that claims for pay discrimination will not be barred because claimants were not aware of the initial discriminatory pay-setting decision. 1681 (barring sex discrimination in federally funded education programs and activities), does not preclude constitutional equal protection claims for such discrimination, Fitzgerald v. These issues arose in the recent case of Wal-Mart v. The Court held that plaintiffs had not produced significant proof that Wal-Mart operated under a general policy of discrimination against women that was central to the claim of each female employee in the class, and thus did not satisfy the “commonality” requirement for a class action under Rule 23(a)(2) of the Federal Rules of Civil Procedure. Asylum offices disseminate the information notice, “How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants,” to arriving aliens found to have a credible fear. DOJ’s Bureau of Justice Statistics continues to conduct studies of the incidence of such sexual assaults in a variety of detention settings. An alien in removal proceedings retains the right to representation by qualified counsel at the alien’s choosing, at no expense to the government.

The link to the President’s remarks, the Executive Order, and the Report is at: In February 2009, the newly-appointed Secretary of the Interior, Ken Salazar, outlined the Obama Administration’s policies with regard to Indian tribes and Alaska Native communities. A significant number of acres of land are also owned in fee status whereby an Indian tribe holds the fee to the land pending consideration of a trust acquisition by the United States. Some federal agencies also have programs to encourage the advancement of women in their own workforces. President Obama also convened a National Equal Pay Task Force that brought together the leadership of agencies with a role to play in wage discrimination affecting women – the EEOC, DOL, DOJ, and Office of Personnel Management. Since this filing, several smaller groups of women have filed smaller pay and promotion class claims concerning the practices of a particular region within Wal-Mart. Finally the PDA prohibits discrimination on the basis of a woman’s capacity to become pregnant, as well as pregnancy, childbirth or related conditions. Caregiver discrimination (also known as “family responsibility discrimination”) refers to employment discrimination against those who are responsible for caring for others, often young children or elderly family members. This report assessed the efforts of DOJ to deter staff abuse of federal prisoners, and included an analysis of the effect of the 20 legislation on prosecution of criminal sexual abuse cases and prison sentences for convicted staff sexual abusers.

Secretary Salazar pledged to restore integrity in governmental relations with Indian tribes and Alaska Native communities, to fulfill the United States’ trust responsibilities to Native Americans and to work cooperatively to build stronger economies and safer Native American communities, by helping address economic development, education and law enforcement, and other major challenges facing Indian tribes and Alaska Native communities. The Department of the Interior has taken 105,000 acres of land into trust for tribes in the past two years as part of its effort to restore tribal homelands. That Act, among other things, outlined the “Interior Secretary’s duties to ensure ‘proper discharge of the trust responsibilities of the United States.’” Id. On July 20, 2010, the Task Force released recommendations for government actions to ensure full compliance with wage discrimination laws and to help provide solutions for families balancing work and caregiving responsibilities. The EEOC’s charge filing statistics report a sharp increase in charges filed under the PDA since the last report (6,119 in 2010, up from 4,730 in 2005). While “caregivers” are not expressly protected under the employment discrimination laws, caregiver discrimination may include pregnancy discrimination claims under Title VII and the PDA, in addition to Title VII allegations that employers stereotype caregivers, particularly female caregivers, as less capable and committed to their employment than men or women without such responsibilities. he Criminal Section of DOJ/CRD has primary enforcement responsibility for cases involving involuntary servitude, forced labor and trafficking. In recent years, due to enhanced criminal statutes, victim-protection provisions, and public awareness programs introduced by the Trafficking Victims Protection Act of 2000, as well as sustained dedication to combating human trafficking, the numbers of trafficking investigations and prosecutions have increased dramatically. Attorneys’ Offices brought a record number of trafficking cases, including a record number of labor trafficking cases. Among other elements, the report noted that allegations of criminal sexual abuse and non-criminal sexual misconduct by prison staff had more than doubled from 2001 to 2008, that allegations had been made in all but one of the 93 prison locations, and that allegations had been made against both male and female employees. The immigration judge must also place the alien under oath, read the facts alleged in the NTA to the alien, and request that the alien admit or deny each factual allegation, 8 C.

Nearly a quarter of all Native Americans live in poverty. The district court found for the plaintiffs in the initial phase of the case, and the U. Court of Appeals for the District of Columbia Circuit affirmed and remanded for further proceedings, see Cobell v. The Administration is aware of these concerns and is working to address them through the initiatives referenced above and others noted later in this report. After the Supreme Court’s ruling, minority firefighters filed two lawsuits against New Haven alleging that use of the test results to make promotions resulted in a disparate impact violation of Title VII. See Joint Motion for Entry of an Injunctive Order of Relief, Lewis v. These include refunds to prevailing claimants of administrative offsets on discharged debts; extension of the time for prevailing claimants to take advantage of injunctive relief; and provision of additional loan servicing rights, affording some claimants an opportunity to restructure their remaining debt. These federal civil rights laws prohibit discrimination on the basis of race, color, and national origin, and apply to both citizens and aliens. Distinctions between lawful permanent resident aliens and citizens require justification, but not the level of “compelling” state interest required for distinctions based on race. Developments in legal remedies since the submission of the Second and Third Periodic Report are addressed throughout this report under appropriate subject headings, for example reference to the Lilly Ledbetter Fair Pay Restoration Act under Article 2, above. The rights enumerated in the Covenant and provided by U. law are guaranteed equally to men and women in the United States through the Equal Protection and Due Process Clauses of the Fourteenth and Fifth Amendments to the United States Constitution. This decision and the resulting habeas proceedings are discussed further in Part III, Committee Concluding Observations. DOJ is now reviewing the comments and making revisions as warranted for the publication of the Final Rule, which will include the final regulations. In April 2009, Secretary Salazar announced 0 million in Indian Country Economic Recovery Projects aimed at job creation, construction and infrastructure improvements, and workforce development. In December 2010, Energy Secretary Chu announced the establishment of a Department of Energy Office of Indian Energy Policy and Programs, led by a member of the Cheyenne River Sioux Tribe. See Joint Letter for Equal Pay in the Federal Government, Under Supreme Court holdings, justification for distinctions based on sex must be “exceedingly persuasive.” United States v. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.” Id. In 2011, HUD's Office of Fair Housing and Equal Opportunity (FHEO) received an increasing number of complaints of lending discrimination involving maternity/paternity leave issues. The Court’s rationale focused on the interplay between the PDA and Title VII of the Civil Rights Act’s allowance for bona fide seniority systems that were lawful when the seniority was calculated. See discussion concerning Victims of Crime under Article 6, above. From October 2005 through July 2011, the United States granted T visas to trafficking victims and family members as follows: * Some approvals and denials are from prior fiscal year(s) filings. After the initial 90-day period, an alien may be detained for an additional period on a discretionary basis, or the alien may be released on conditions if he or she does not pose a flight risk or danger to the public. It further recommended institution of a program for preventing, detecting, investigating, and addressing staff sexual abuse in cellblock and transportation operations, institution of new or revised policies providing specific guidance to prison staff members on the protocol for responding to sexual abuse allegations and providing victim services, and improved training for investigators and prosecutors. The office is charged with directing and implementing energy planning and programs that assist tribes with energy development and electrification of Native American lands and homes. Government is also working with tribal leaders to bring high speed internet access to their communities. (as amended), which provided that beneficial title to allotted lands would vest in the United States as trustee for individual Indians. DOJ/CRD continues its efforts to aggressively enforce civil rights laws to give meaning to the promise of equal opportunity. The alleged discrimination often involves pregnant women, women who have recently given birth and who are on maternity leave, as well as men who are on paternity leave due to the birth or adoption of a child. Prohibition of discrimination in education on the basis of pregnancy. 106.40 (a) and (b), specifically prohibit educational institutions that are recipients of federal financial assistance from applying any rule concerning a student’s actual or potential parental, family, or marital status that treats students differently on the basis of sex and from discriminating against any student on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the recipient’s education program or activity. (employment) The law described in paragraphs 75 and 76 of the Second and Third Periodic Report concerning the protections offered by these statutes has not changed. The Court also relied on the lack of Congressional intent to apply the PDA retroactively to pregnancy-based distinctions. In recognition of the severity of the crimes associated with domestic violence, sexual assault, and stalking, Congress passed the Violence Against Women Act of 1994 (VAWA 1994) as part of the Violent Crime Control and Law Enforcement Act of 1994. ** Some applicants have been denied twice (i.e., filed once, denied, and then filed again). A number of institutional structures exist to combat trafficking in persons, including forced labor. DOJ has made significant progress in implementing the recommendations listed in this paragraph and expects to be able to implement all of them. Shackling of pregnant female prisoners during transportation, labor, and delivery. Proceedings may also be closed to the public upon a showing by DHS that information to be disclosed in court may harm the national security or law enforcement interests of the United States, 8 C. Because at the time of our founding, I had no rights -- people who looked like me. In that context, there is a significant need as well as opportunity for fostering the development of future American Indian and Alaska Native leaders with the scientific and technological skill required to assist tribal communities in managing their lands and developing their energy resources. With the goal of expanding such testing to include discrimination based on sexual orientation and gender identity, HUD held consultations with residents in five cities to offer ideas on how to test for such additional bases of discrimination. The EEOC enforces Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Titles I and V of the Americans with Disabilities Act of 1990 (as amended), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title II of the Genetic Information Nondiscrimination Act of 2008. 271 (2009) (Title VII anti-retaliation protection extends beyond protection for filing a charge of discrimination and includes those who participate in internal investigations regarding workplace discrimination); Gomez-Perez v. During fiscal year 2010, HHS/OCR completed 1,859 new Medicare application reviews. Despite the legal protections in force and the work to ensure equal access to health care, some civil society representatives have raised concerns regarding racial and ethnic disparities in access to health services, including reproductive health services for women, and in some health indices in the population. DOJ has been actively pursuing enforcement actions in a variety of states to require community placements for persons with disabilities. The Department of Housing and Urban Development (HUD) has embarked on a post-Olmstead initiative, using existing enforcement tools under Section 504, the Fair Housing Act, and title II of the ADA. In addition, other federal government departments also have active outreach programs to immigrant communities. The BOP places inmates in facilities commensurate with their security and program needs through a system of classification that allows the use of professional judgment within specific guidelines. But it is because of that process that I can now stand before you as President of the United States. To help develop these future energy leaders, the Department of Energy contributes to the education of American Indian and Alaska Native youth through two initiatives: Tribal Energy Program’s internship program with Sandia National Laboratory, and a new pilot project called the American Indian Research and Education Initiative (AIREI). Those consultations have informed a Housing Discrimination Study into the area of LGBT discrimination. The EEOC accepts charges of employment discrimination and investigates, attempts to resolve, and in some instances litigates these charges. These issues are discussed in more detail in the U. reports to the Committee on the Elimination of Racial Discrimination, available at Specifically HUD has: HUD also uses its enforcement authority to promote and protect the rights of persons with disabilities to equal access to housing with reasonable accommodations. In addition, on July 30, 2009, the United States signed the United Nations Convention on the Rights of Persons with Disabilities. DOJ/CRD works closely with immigrant communities to address civil rights concerns, such as racial profiling by law enforcement and discrimination in the areas of housing, employment and education, and prosecute racially- or ethnically-motivated hate crimes against immigrants. When the actual practice of detention in the United States does not meet constitutional standards, individuals are held accountable. 1997(a), authorizes the Attorney General of the United States to sue for equitable relief when there is reasonable cause to believe that a state or locality is subjecting institutionalized persons to conditions that deprive them of their rights under the Constitution or federal laws. Persons being detained prior to trial or while waiting for immigration hearings are normally sent to special detention facilities or housing units within correctional institutions. Decisions of immigration judges in removal cases may be appealed to the Board of Immigration Appeals within 30 days of the judge’s decision.

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Secretary Salazar also pledged to seek to resolve the longstanding litigation concerning the management of Native American lands and assets, as well as the settlement of water rights claims. In addition, as noted above, Alaska Natives and their corporations have property rights in more than 44 million acres of land in Alaska. The American Indian Trust Fund Management Reform Act. These recommendations called for improved interagency coordination on wage discrimination enforcement efforts, increased outreach and education concerning wage discrimination, and evaluation of current data collection needs and capabilities. Men also may become victims of this form of sex discrimination if they are denied leave for caregiving purposes that is granted to female workers. That section, which includes a specialized Human Trafficking Prosecution Unit, has successfully prosecuted crimes in agricultural fields, sweatshops, suburban homes, brothels, escort services, bars, and strip clubs, in partnership with U. In fiscal years 2006 through 2010, DOJ/CRD and the U. Attorneys’ Offices prosecuted 198 trafficking cases involving 494 defendants. The cases have resulted in 382 convictions and guilty pleas during the 2006 through 2010 period.[5] 199. According to the report, since 2006 when new laws changed misdemeanor sexual abuse crimes to felony crimes, the percentage of cases accepted for prosecution had increased from 37 percent to 49 percent – a 12 percent increase.

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