Division Booklet
Division Booklet
Department of Justice
Civil Rights Division
Thomas E. Perez
Assistant Attorney General
Civil Rights Division
The Civil Rights Division is the conscience of the federal
government. Through the enforcement of a wide range of
anti-discrimination laws, the Division gives meaning to our
nation’s promise of equal opportunity. The Division works
to uphold and defend the civil and constitutional rights of
all individuals, particularly some of the most vulnerable
members of our society. The Division enforces federal stat-
utes that prohibit discrimination and provide a remedy for
constitutional violations.
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hate crimes, from ensuring girls and women have equal
opportunities in schools and the workplace to guaranteeing
that individuals with disabilities can access civic services
to which we all have a right. Today, the Division contin-
ues to combat traditional civil rights violations, while also
addressing new, emerging challenges to equal justice and
equal rights. While litigation is a key tool for the Division,
we have a wide array of tools at our disposal -- litigation,
mediation, regulation and policy development, training and
prevention. Our focus is problem solving.
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Fair Housing and Fair Lending
Housing is a basic need, and the ability to access hous-
ing without discrimination is a right to which all people
should have access. In 1968, recognizing the great damage
that housing discrimination can do to individuals, families
and communities, Congress passed the Fair Housing Act to
prohibit discrimination in housing on the basis of race, color,
religion, national origin or sex. The Act was later amended to
include disability and family status, and continues today to be
a critical tool in combating discrimination.
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program to uncover discrimination. Our testers have fre-
quently uncovered blatant discrimination, such as entities that
refuse to rent to people of certain races or ethnicities.
Voting Rights
Voting is one of our nation’s most sacred rights, and a hall-
mark of our democracy. On February 3, 1870, the 15th
Amendment to the Constitution was ratified, prohibiting the
federal or state governments from denying or abridging the
right to vote based on race, color, or previous condition of
servitude. But because of discriminatory state laws and prac-
tices, the promise of the 15th Amendment would not be fully
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realized until nearly a century later, when Congress passed the
Voting Rights Act of 1965. The Civil Rights Division enforc-
es the Act, which prohibits any voting practices that discrimi-
nate on the basis of race, color or membership in a language
minority group. Under the Act, certain states and counties
are required to have any changes to voting practices or proce-
dures approved by the Attorney General or the United States
District Court for the District of Columbia. The Act also
requires certain jurisdictions with significant populations of
language minority citizens to provide bilingual written materi-
als and other assistance. Other provisions of the Act prohibit
practices that prevent individuals from exercising their right
to vote, such as voter intimidation, or denial of assistance to
voters who have disabilities or are illiterate.
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sibility for voters with disabilities and language minority vot-
ers), standards for identifying first time registrants by mail,
and voter information postings in polling places. The Uni-
formed and Overseas Citizens Absentee Voting Act requires
that states allow military personnel stationed away from
home and their families, as well as civilians residing abroad,
to register and vote absentee. Under amendments to that law
by the 2009 Military and Overseas Voter Empowerment Act,
or the MOVE Act, servicemembers and other overseas voters
may receive their ballots electronically, and ballots must be
sent to them at least 45 days before an election, to make sure
their ballots are received in time to be counted.
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origin. In addition to suits on behalf of individuals who ex-
perience discrimination, the Division investigates and brings
cases challenging patterns or practices of discrimination.
These cases allow the Division to seek broad relief for many
victims, and to help change discriminatory policies in the
workplace. To learn more, visit www.justice.gov/crt/emp.
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status discrimination. The statute also prohibits national ori-
gin discrimination and unfair documentary practices related
to verifying the employment eligibility of employees. The
OSC conducts a nationwide public education campaign to
teach workers, employers and concerned organizations about
Public Accommodations
Prior to passage of the Civil Rights Act of 1964, many busi-
nesses and facilities that held themselves out as open to the
public were actually closed to African Americans due to
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segregation. Lunch counters, movie theaters, hotels and other
places were often off limits to African American customers.
Title II of the Civil Rights Act of 1964 made discrimina-
tion because of race, color, religion, or national origin illegal
in certain places of public accommodation, such as hotels,
restaurants, and places of entertainment. The Division’s Hous-
ing and Civil Enforcement Section can enforce this provision
when there has been a pattern or practice of discrimination at a
place of public accommodation. Individuals can also file suit
if they believe their rights under this law have been violated.
For more information, visit www.justice.gov/crt/housing.
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the residents are properly confined to the institution in the
first place. If a pattern or practice of unlawful conditions
deprives individuals confined in the facilities of their
constitutional or federal statutory rights, the Division
can negotiate a settlement and provide technical assis-
tance to help jurisdictions correct deficient conditions. If
conditions cannot be addressed through negotiations and
technical assistance, the Division may file a lawsuit to
challenge them.
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tional rights. Such acts of misconduct, known as acts commit-
ted under “color of law,” can include excessive force, sexual
assault, intentional false arrests, or the intentional fabrication
of evidence. For more information, visit www.justice.gov/crt/
crim.
The Division also has the authority to investigate and file a civ-
il suit if a law enforcement agency has engaged in a pattern or
practice of misconduct that deprives individuals of their rights.
This could include a pattern or practice of, among other things,
excessive force, discriminatory harassment, false arrests, coer-
cive sexual conduct, and unlawful stops or searches. The Divi-
sion’s Special Litigation Section has the authority to initiate
civil litigation to remedy a pattern or practice of discrimination
based on race, color, national origin, gender or religion involv-
ing services by law enforcement agencies receiving federal
financial assistance. A landmark consent decree with the Los
Angeles Police Department provided a critical blueprint for
reform, and is a prime example of how the Division’s pattern
and practice authority can be used to improve public safety and
increase public confidence in law enforcement. To learn more,
visit www.justice.gov/crt/split.
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federal financial assistance, which often include law enforce-
ment agencies, to ensure that they do not discriminate in the
administration of their programs. Using this authority, the
Section has worked with a number of law enforcement agen-
cies to ensure, for instance, that their services are accessible to
people with limited English proficiency, and that they do not
discriminate in the performance of their duties on the basis of
race, color or national origin.
Educational Opportunities
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segregation and remain under court supervision. The Division
also carries out investigations to ensure that school districts
are providing limited English proficient students with appro-
priate services to overcome their language barriers, as well as
monitors existing court orders and settlement agreements with
school districts concerning their language acquisition obliga-
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Hate Crimes
Hate crimes enforcement has been a core component of the
Division’s mission since its inception. The Division’s Crimi-
nal Section, working in concert with U.S. Attorneys’ offices
across the nation, prosecutes hate crimes. Today, despite
great progress for civil rights, these crimes continue in com-
munities nationwide, and the Division remains vigilant in its
efforts to bring those who practice hate-fueled violence to
justice.
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Meanwhile, in the aftermath of the September 11, 2001 terror-
ist attacks, Arab, Muslim, Sikh, and South-Asian Americans,
and those perceived to be members of these groups, have been
the victims of increased numbers of bias-related assaults,
threats, vandalism and arson. Reducing the incidence of such
attacks, and ensuring that the perpetrators are brought to jus-
tice, remains a Civil Rights Division priority. The Church Ar-
son Prevention Act, passed in 1996, made it a crime to deface,
damage, or destroy religious property, or to interfere with a
person’s religious practice, in situations affecting interstate
commerce. The Act also bars defacing, damaging, or destroy-
ing religious property because of the race, color, or ethnicity
of persons associated with the property.
Human Trafficking
Most Americans can’t imagine that modern-day slavery ex-
ists in their own communities. But human trafficking is a
very real and growing problem, and the Civil Rights Division
works to prosecute trafficking using a combination of stat-
utes passed during Reconstruction and statutes passed during
the modern era. The Reconstruction-Era statutes criminalize
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slavery, involuntary servitude, and peonage. These statutes
apply whenever labor is compelled through physical force,
restraint, threats of physical force, or threats of incarceration.
The modern statutes criminalize obtaining labor, services,
or commercial sex acts through a broader range of coercive
practices such as starvation, coercive threats of deportation,
or threats of physical harm to a relative or friend.
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The Special Litigation Section enforces the law’s civil provi-
sions, which often involve efforts to interfere with a victim’s
ability to enter the facility. For more information, visit the
Division’s Web site, www.justice.gov/crt.
Disability Rights
Individuals with disabilities have long faced great barriers
to full participation in civic life. The Civil Rights Division
works to protect the rights of persons with disabilities in a
wide variety of ways, and a majority of the Division’s sec-
tions have a role in protecting Americans with disabilities.
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In addition to the Disability Rights Section, other sections
protect the rights of individuals with disabilities in the fol-
lowing ways:
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Servicemembers’ Rights
Several of the statutes under the Division’s jurisdiction ap-
ply specifically to the rights of members of the military or
veterans. The Division has the authority to protect the civil-
ian employment rights
of servicemembers and
veterans under the Uni-
formed Services Employ-
ment and Reemployment
Rights Act of 1994.
Known as USERRA, the
law prohibits discrimina-
tion and retaliation based
on military service and
requires, among other
things, that employers put
individuals back to work
in their civilian jobs following military service under speci-
fied conditions. For more information about enforcement of
employment rights, visit www.justice.gov/crt/emp or www.
justice.gov/crt/military.
The Division also enforces the Servicemembers Civil Relief
Act, which protects military personnel from judicial and ad-
ministrative proceedings, and provides additional protections
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in areas such as housing, credit and taxes, while they are on
active duty. It covers issues such as rental agreements, se-
curity deposits, prepaid rent, eviction, installment contracts,
credit card interest rates, mortgage interest rates, mortgage
foreclosure, civil judicial proceedings, automobile leases, life
insurance, health insurance and income tax payments.
Religious Discrimination
While many of the Division’s civil rights statutes protect
individuals from discrimination based on religion, in addition
to race, national origin and other factors, there are certain
efforts that apply specifically to religious freedom. The land-
use provisions of Religious Land Use and Institutionalized
Persons Act of 2000 (RLUIPA) protect the religious exercise
of religious assemblies and institutions in the context of local
zoning and landmarking laws. These provisions prohibit lo-
cal governments from taking actions, such as denying per-
mits to build or expand places of worship, that substantially
burden religious exercise without sufficient justification.
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RLUIPA’s land use provisions
also prohibit discrimination
against particular religions,
discrimination against reli-
gious assemblies and insti-
tutions where comparable
secular assemblies and insti-
tutions are permitted, as well
as government actions that
totally or unreasonably exclude religious assemblies and insti-
tutions from a jurisdiction. For more information, visit
www.justice.gov/crt/housing/rluipaexplain.php.
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Civil Rights of LGBT Individuals
The Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act, passed in 2009, for the first time allows for
federal prosecution of violence undertaken because of the ac-
tual or perceived sexual orientation, gender identity, gender,
or disability of any person. Statistics gathered by the FBI
over the past decade confirm that we have a significant hate
crimes problem in this country and that lesbian, gay, bisexual
or transgender (LGBT) individuals constitute a substantial
proportion of the victims of such crimes. The Civil Rights
Division is committed to aggressive enforcement of this land-
mark law, and actively engages in outreach to federal, state
and local law enforcement, and community stakeholders, to
educate them about the new law.
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discrimination on the basis of sex or sex stereotyping as well
as the Equal Protection Clause of the U.S. Constitution. The
case resulted in a settlement that provides for the development
and dissemination of district discrimination and harassment
policies and procedures, as well as appropriate training of
school personnel and students to ensure that every student can
go to school without fear of being harassed because of who
they are.
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of our nation’s civil rights laws, the Division also has a role
to play in ensuring the domestic implementation of inter-
national human rights treaties that have been ratified by the
U.S. Government. While the State Department takes the lead
in working with other nations, that Department relies on the
Civil Rights Division to provide expertise on how those hu-
man rights obligations are protected at home.
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Friend of the Court: Amicus Practice
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Policy Development
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Contact Us or File a Complaint:
The Division offers e-mail updates on our work in a variety of
areas. If you are interested in signing up to receive updates,
visit our website, at www.justice.gov/crt.
Employment
For information about filing a charge of employment
discrimination, visit the Equal Employment Opportunity
Commission online at www.eeoc.gov, or call the EEOC at
(800) 669-4000.
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If you believe you have been the victim of discrimination in
a credit transaction, visit www.justice.gov/crt/housing/file.
php for information about how to file a complaint with the
appropriate agency.
Voting
For more information about the Civil Rights Division’s
voting rights work, call (800) 253-3931.
Education
If you believe you have been discriminated against in
the educational context, please contact the Educational
Opportunities Section at (202) 514-4092 or
(877) 292-3804
Hate Crimes
To report a hate crime, visit the FBI online at www.fbi.
gov/contact/fo/fo.htm to find your local field office. If you
are unable to locate your local office, a complaint can be
submitted in writing directly to the Criminal Section at the
following address:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Criminal Section, PHB
Washington, D.C. 20530
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Human Trafficking
The Division’s Criminal Section oversees a national, toll-free
telephone complaint line to enable victims and others to report
possible trafficking and worker exploitation abuses:
(888) 428-7581.
Disability Rights
For more information about the Civil Rights Division’s
Disability Rights work and the Americans with Disabilities
Act call (800) 514-0301 [Voice] or (800) 514-0383 [TTY].
Servicemembers
To file a complaint under USERRA, contact your nearest
Veterans’ Employment and Training Service (VETS) office,
which you can locate by visiting www.dol.gov/vets/aboutvets/
contacts/main.htm.
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Amicus Practice and Appeals
The Division’s Appellate Section can be reached at
(202) 514-2195.
Police Misconduct
For more information about the Division’s work to
investigate patterns or practices of law enforcement
misconduct, contact the Special Litigation Section at (202)
514-6255, or toll free at (877) 218-5228.
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Photo on page 24 courtesy of Disability Rights
Advocates for Technology (DRAFT), taken at a DRAFT-
sponsored event for wounded warriors in San Antonio,
Texas, November 2008.
September 2010
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Notes
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