(NAME-MCE) Civil Rights Division Chief Talks About His Priorities

Bill Howe bill at billhowe.org
Tue Jan 26 08:25:59 CST 2010 

*- Main Justice - http://www.mainjustice.com -*

Civil Rights Division Chief Talks About His Priorities

Posted By *Ryan J. Reilly* On January 25, 2010 @ 3:10 pm In *News* | *1
Comment<https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#comments_controls>
*

Since taking the helm of the Justice Department’s Civil Rights Division in
October, Assistant Attorney General *Thomas Perez* has set about refocusing
the priorities of the division — giving higher priority to prosecution of hate
crimes<http://www.mainjustice.com/2009/12/17/perez-in-shock-at-lack-of-hate-crimes-prosecutions/>
[1], for instance, and working to advance his “agenda of restoration and
revitalization”<http://www.mainjustice.com../2009/11/17/perez-plans-restoration-revitalization-of-civil-rights-division/>
[2] as he described in remarks to Justice Department colleagues at his
formal installation ceremony last November.

Perez has also focused on the impact of sub-prime
lending<http://www.mainjustice.com/2010/01/14/new-civil-rights-division-unit-will-address-discriminatory-lending/>
[3] on minority communities. He has also
testified<http://www.mainjustice.com/2009/11/06/perez-says-bill-would-level-playing-field-for-gay-workers/>
[4] in favor of a law to ban employers from discriminating on the basis of
sexual identity.

Perez has said<http://www.mainjustice.com/2009/11/17/perez-plans-restoration-revitalization-of-civil-rights-division/>
[5] that the Civil Rights Division, which Attorney General *Eric Holder* has
called the crown jewel of the Justice Department, will return to its
historical mission of addressing racial discrimination while also
confronting the new civil rights challenges of the 21st century. Perez said
he will implement new
rules<http://www.mainjustice.com/2009/12/18/civil-rights-division-aims-to-reduce-policitized-hiring/>
[6] for hiring career civil service lawyers intended to protect the process
from politics.

The Civil Rights Division head sat down with Main Justice in his office at
the Justice Department on Friday:

*Main Justice: Politicized hiring was one of the problems that plagued the
Bush administration. One argument
critics<http://www.mainjustice.com/2010/01/12/von-spakovsky-defends-ex-voting-section-chief-coates/>
[7]** of the new hiring rules** you put in place have made is that the
qualifications for the Civil Rights Division attract liberal candidates.
What can you do to make sure that political affiliations do not influence
hiring decisions?*

Perez: “Well it’s the law that hiring decisions are not made with regard to
political affiliations and we have made it clear not simply through my words
but in writing, we’ve established a hiring process, a policy that clearly
sets forth what you can and can’t do in the process of hiring personnel, and
that it is not a close call.

“When I served on the hiring committee of the administration of the elder
Bush and under Bill Clinton, we had one charge: find the best candidates,
period, and that’s what we did and that’s what we’re doing now, and we’ve
reduced that to writing, so that what occurred in the prior administration
never occurs again.”

*MJ: You’ve said that your office is dusting off disparate impact theory,
most recently with the case filed in New Jersey. Do you think the courts
have agreed with the theory?
*

Perez: “Every court that’s looked at disparate impact theory — in the
housing context and in the employment context and in the voting context —
have upheld the viability of disparate impact theory. So it’s clear that
this is an arrow in our quiver as we move forward, but it is an arrow that
indeed gathered dust so that’s why it’s so important whether it’s in New
Jersey<http://dailycaller.com/2010/01/13/new-haven-all-over-again-justice-departments-civil-rights-division-sues-new-jersey-over-police-exam/>
[8] or in New York City<http://www.nytimes.com/2010/01/14/nyregion/14fire.html>
[9], where a judge recently granted summary judgment in the New York
firefighters case.

“That case is a remarkable set of facts. African-Americans and Latinos in
New York City comprise over 50 percent of the police force. They comprise
somewhere in the vicinity of 60 percent of the corrections personnel in the
city, and firefighters, it’s somewhere in the vicinity of 7 percent. The
judge not only found evidence of not only disparate impact in their hiring
procedures, but also disparate treatment in that case.

“So I think it’s very important, and that case illustrates that the
discrimination that we’d like to say is a thing of the past continues to
persist and it’s critically important that our essential services personnel
— firefighters, police officers, corrections officers — are the most
qualified people and are not victims of discrimination. That’s why we’ll
continue to use disparate impact theory whether it’s in fair lending,
whether it’s in hiring or whether it’s in voting if the facts support it.”

*MJ: I understand your office has taken on a role in regard to defending the
government in cases on the employment docket that were previously handled by
the Civil Division.*

Perez: “I think the USERRA cases used to be in the Civil Division.
USERRA<http://www.esgr.org/userrathelaw.asp>
[10] [The Uniformed Services Employment and Reemployment Rights Act] is the
law that protects service members who are doing remarkable service to our
nation and then come home and find themselves victimized in the workplace
because they don’t get their job back. When I talk about the fact that we’re
ramping up enforcement in every area, USERRA is a perfect example of that.
We’ve had somewhere in the vicinity of 22 cases in 2009, which was, when you
look at the number of cases that were done in the preceding years, I think
it’s more than was done in three years. We’ve dramatically ramped up
enforcement in that area and the data shows it.

“That’s because people who are serving our country should be treated as
heroes when they return home, not as victims, and they should not be victims
of wrongdoing in the employment context and so we’re proud to be involved in
those cases.”

*MJ: **The Civil Rights Division recently used Title IX to
intervene<http://www.mainjustice.com/2010/01/15/justice-department-cites-title-ix-on-behalf-of-gay-teen/>
[11]** in a case in New York which a boy was being bullied because he was
gay. That statute uses similar language to Title VII in regard to gender
discrimination. Do you think that the law as written already protects gay
students and employees from discrimination or does the law need to be
strengthened in that area?*

Perez: “Well Title IX is the title of jurisdiction in that particular case,
and it’s not the first time that the Justice Department has been involved in
a case of this nature. In the Clinton administration, we were involved in a
similar set of facts, and the facts are egregious. A person going to school
trying to learn and being repeatedly abused, not simply psychologically, but
physically, and the school district being notified, not simply once, but
repeatedly, and the complaint alleges that they failed to take action.

“I’m hopeful that our involvement in this case will result in a resolution
in that matter so that any boy or girl going to school can ensure that they
are in a learning environment that enables them to learn and that doesn’t
have them fearful for their life walking to school. As a parent, I want my
children to be safe in school and I want my school district to take the
necessary steps to keep my kids safe.”

*MJ: **The Civil Rights Division is also putting emphasis on
human trafficking. What are some of your priorities in that area and how do
your balance that new area of interest with the division’s other priorities?
*

Perez: “Human trafficking is a human scourge. We have two types of human
trafficking cases that we have been seeing — forced labor cases where people
are forced into conditions that amount to involuntary servitude, and then
sex trafficking where people are* *chattel.* *And they’re no longer just in
big urban cities. In the mid-90s we had a big case in Los Angeles, for
instance, and we still have cases in there, but they are also in suburban
and rural pockets of the country. Wherever you have immigrants you have
potential for trafficking and the suburbanization of immigration has really
made this a national challenge, and that’s why it will continue to be a
priority.

“I really think we can do all these things within our resource complement
because number one when you’re happy in your job, you’re motivated and you
can get things done. Number two, we’ve got additional resources thanks to
the attorney general and the president’s strong commitment to civil rights,
so we’ve got a cavalry of 102 new people coming on board this year to help
us in all these areas, and that’s very exciting.”

*MJ: **There was a focus in the Bush administration, particularly in the
voting section, on so-called “reverse racism” cases. Do you think the law as
it’s written is colorblind and will you file cases on behalf of those who
fall outside of the categories that the Civil Rights Division has
historically protected?*

Perez: “We’ll certainly investigate any charge of discrimination, and that
is the charge in the employment context, the voting context, the education
contexts and all of the contexts.”

*MJ: **How is your office preparing for the census and redistricting?*

Perez: “Well we’re working closely with our colleagues at the Census Bureau.
I speak regularly with the general counsel there. I will personally be
actively involved, and have been actively involved, in the marketing because
we really have to get the message out there to the public that it is so
critically important that everybody be counted. We have to get the message
out there that you need not be scared about talking to the census workers.
There’s no ill consequences, and there is privacy guaranteed in these
conversations, and we have to eliminate the undercount, because the
communities that we’re trying to serve, if you’re not counted, you’re not
going to get served because your communities lose money.”

*MJ: **Friday was the anniversary of Roe v. Wade. Could you talk a little
bit about the George
Tiller<http://www.mainjustice.com/2009/06/05/doj-civil-rights-division-investigating-tiller-death/>
[12]** murder case **[Tiller was a doctor who performed late-term abortions]
**and what your office is doing in that area?*

Perez: “We’re closely monitoring the state prosecution. We’ve been out in
that area since shortly after the incident and we will continue to carefully
monitor the case.”

Related stories:

   1. Bill Yeomans for Civil Rights Division
chief?<http://www.mainjustice.com/2009/01/15/bill-yeomans-for-civil-rights-division-chief/>
   [13]
   2. Civil Rights Chief Critical of Bush Years In Hill
Testimony<http://www.mainjustice.com/2009/12/03/civil-rights-chief-critical-of-bush-years-in-hill-testimony/>
   [14]
   3. Obama Administration Reshaping Civil Rights
Division<http://www.mainjustice.com/2009/09/01/obama-administration-reshaping-civil-rights-division/>
   [15]
   4. Perez Sworn In As Head of Civil Rights
Division<http://www.mainjustice.com/2009/11/13/perez-sworn-in-as-head-of-civil-rights-division/>
   [16]
   5. Civil Rights Division Attorney Recognized for Pro Bono
Work<http://www.mainjustice.com/2009/11/13/civil-rights-division-attorney-recognized-for-pro-bono-work/>
   [17]

------------------------------

Article printed from Main Justice: *http://www.mainjustice.com*

URL to article: *
http://www.mainjustice.com/2010/01/25/civil-rights-division-chief-talks-about-his-priorities/
*

URLs in this post:

[1] hate crimes: *
http://www.mainjustice.com/2009/12/17/perez-in-shock-at-lack-of-hate-crimes-prosecutions/
*

[2] agenda of restoration and revitalization”: *http://www.mainjustice.com.
./2009/11/17/perez-plans-restoration-revitalization-of-civil-rights-division/
*

[3] sub-prime lending: *
http://www.mainjustice.com/2010/01/14/new-civil-rights-division-unit-will-address-discriminatory-lending/
*

[4] testified: *
http://www.mainjustice.com/2009/11/06/perez-says-bill-would-level-playing-field-for-gay-workers/
*

[5] has said: *
http://www.mainjustice.com/2009/11/17/perez-plans-restoration-revitalization-of-civil-rights-division/
*

[6] new rules: *
http://www.mainjustice.com/2009/12/18/civil-rights-division-aims-to-reduce-policitized-hiring/
*

[7] critics: *
http://www.mainjustice.com/2010/01/12/von-spakovsky-defends-ex-voting-section-chief-coates/
*

[8] New Jersey: *
http://dailycaller.com/2010/01/13/new-haven-all-over-again-justice-departments-civil-rights-division-sues-new-jersey-over-police-exam/
*

[9] New York City: *http://www.nytimes.com/2010/01/14/nyregion/14fire.html*

[10] USERRA: *http://www.esgr.org/userrathelaw.asp*

[11] recently used Title IX to intervene: *
http://www.mainjustice.com/2010/01/15/justice-department-cites-title-ix-on-behalf-of-gay-teen/
*

[12] George Tiller: *
http://www.mainjustice.com/2009/06/05/doj-civil-rights-division-investigating-tiller-death/
*

[13] Bill Yeomans for Civil Rights Division chief?: *
http://www.mainjustice.com/2009/01/15/bill-yeomans-for-civil-rights-division-chief/
*

[14] Civil Rights Chief Critical of Bush Years In Hill Testimony: *
http://www.mainjustice.com/2009/12/03/civil-rights-chief-critical-of-bush-years-in-hill-testimony/
*

[15] Obama Administration Reshaping Civil Rights Division: *
http://www.mainjustice.com/2009/09/01/obama-administration-reshaping-civil-rights-division/
*

[16] Perez Sworn In As Head of Civil Rights Division: *
http://www.mainjustice.com/2009/11/13/perez-sworn-in-as-head-of-civil-rights-division/
*

[17] Civil Rights Division Attorney Recognized for Pro Bono Work: *
http://www.mainjustice.com/2009/11/13/civil-rights-division-attorney-recognized-for-pro-bono-work/
*





Bill Howe
Personal Website -   http://www.billhowe.org
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http://www.apacct.org/

Travel to China and Hong Kong July 10-24, 2010
- http://www.billhowe.org/China2010.htm

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