Tag Archives: state and local governments

Protecting the Civil Rights of American Indians and Alaska Natives

A number of federal statutes prohibit discrimination on the basis of race, color, national origin, sex, disability, and religion. These federal laws prohibit discrimination against American Indians and Alaska natives in education, employment, credit, housing, public accommodations, voting, and in certain federally-funded and conducted programs, among other areas. Tribal governments and State and local governments may also have laws or procedures protecting civil rights. At the federal level, the Civil Rights Division of the U.S. Department of Justice is responsible for enforcing federal statutes that prohibit discrimination against American Indians and Alaska natives. The following areas of discussion may be of particular interest to American Indians and Alaska natives.

Criminal Statutes Protecting American Indian and Alaska Natives’ Civil Rights

As citizens and residents of the United States, American Indians and Alaska Natives have many rights protected by the Constitution and laws of the United States. You have, for example, a right to live and to associate in your home with any person without being subjected to force on the basis of your race, nationality, or religion. You also have a right to apply for or engage in employment; to enroll in or attend public school; to use the services offered by hotels, restaurants, and places of entertainment; to vote; and to use certain public facilities and to participate in any activity provided or administered by a locality, such as using a public park, without being subjected to force or threats of force. You have a right to obtain reproductive health services and information without being subjected to force or threats of force or physical obstruction. These are only some of the federally-protected rights which are most commonly subjected to criminal interference.

Education Rights

Federal law prohibits public elementary and secondary schools and public institutions of higher education from denying students equal educational opportunities because of their race, color, national origin, sex, religion, or disability. The denial of equal educational opportunities includes the failure by public school districts to provide programs and assistance to students with limited English-proficiency in learning English so that they can participate fully in the educational process.

Discrimination can occur in the assignment of students to schools and classes and academic programs, the transportation of students, the hiring and placement of faculty and administrators, the condition of educational facilities, and the distribution of school district resources.

American Indian children who reside within a school district, and who live on an Indian reservation where the land is not taxed, have the right to the same educational opportunities that are offered to all other children living in the school district.

Employment Rights

Federal law prohibits employers from discriminating against persons because of their race, sex, color, religion, national origin, or citizenship status. Thus, an employer cannot refuse to hire or promote you, nor can an employer discipline, harass, or fire you, on the basis of your being an American Indian or Alaska Native. Please note that Indian tribes in their capacity as employers are not subject to the law’s prohibition on employment discrimination. However, charges of employment discrimination may be filed against any employer that is not itself an Indian tribe, regardless of the tribal membership of the individual owner.

Housing

Discrimination in the provision of housing because of a person’s race, color, national origin, religion, sex, disability, or familial status is illegal under federal law. If you believe you have been discriminated against in the process of renting or buying an apartment or a house because you are an American Indian or Alaska Native, you can file a complaint of housing discrimination.

Lending

Discrimination in lending practices because of race, color, sex, or national origin is prohibited by Federal law. If you believe that you have been denied a loan merely because you are an American Indian or Alaska Native, you can ask the lender for an explanation in writing about the reasons why you were denied the loan. You may also file a complaint for lending discrimination.

Police Misconduct

Federal law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. The types of conduct covered by this law include, among other things, excessive force, discriminatory harassment, false arrest, coercive sexual conduct, and unlawful stops, searches, or arrests. The statutes do not apply to tribal police officers or Federal Bureau of Indian Affairs police officers.

VotingAs citizens of the United States and the State in which you live, the Constitution and federal laws guarantee your right to vote free of discrimination in federal, state, and local elections. American Indians and Alaska Natives are protected from discrimination and intimidation in exercising the right to vote and in becoming candidates for and serving in federal, state, and local (including city, county, and school district) elected offices. Federal law requires all states to allow citizens to register to vote at public service agencies such as driver’s license and public assistance offices.The U.S. Department of Justice’s Civil Rights Division or private citizens can bring lawsuits to challenge electoral systems or practices (such as at-large elections) when they dilute the votes of American Indians or Alaska Natives and prevent a fair opportunity for representation on elected bodies such as State legislatures, county commissions, or school boards.

From the U.S. Department of Justice


Discrimination in Public Accommodations: Government Enforcement

When and Where to File a Complaint — Public Accommodations and Facilities

Federal law prohibits privately owned facilities that offer food, lodging, gasoline or entertainment to the public from discriminating on the basis of race, color, religion, or national origin. If you think that you have been discriminated against in using such a facility, you may file a complaint with the Civil Rights Division of the Department of Justice, or with the United States attorney in your area. You may also file suit in the U.S. district court.

In addition, the Americans with Disabilities Act prohibits discrimination on the basis of disability in a wide range of places of public accommodation, including facilities that offer lodging, food, entertainment, sales or rental services, health care and other professional services, or recreation.

There are also state laws that broadly prohibit discrimination on the bases of race, color, religion, national origin, and disability in places of public accommodation. To determine whether your state has such a law, you should contact your state or local human rights agency, or your state attorney general’s office.

Public facilities such as courthouses, jails, hospitals, parks, and other facilities owned and operated by state and local government entities cannot discriminate in their services because of race, color, religion, national origin, or disability. If you think a public facility has discriminated against you because of race, color, religion, or national origin, you may file suit in the U.S. district court or file a complaint with the nearest U.S. Attorney’s Office.

People with disabilities cannot be discriminated against or excluded from services, programs, or activities offered by state or local governments. All public transportation systems must be accessible to people with disabilities, regardless of whether the system receives federal financial assistance.

State and local governments must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless the government can establish that the requirements are necessary for the provision of the service, program, or activity. In addition, public facilities must ensure that individuals with disabilities are not excluded from services, programs, or activities because buildings are inaccessible.

State and local agencies that provide emergency telephone services must provide “direct access” to individuals who rely on telecommunication display devices (TTD’s pr TTY’s) for the deaf, or computer modems for telephone communication. Companies offering telephone services to the general public must offer telephone relay services to individuals who use TTY’s or similar devices.

Intrastate complaints should be filed with that state. Interstate complaints should be filed with the Federal Communications Commission.

Discrimination complaints about public facilities (other than Architectural Barriers Act complaints, see below) should be sent to:

  • the federal agency that provides funding to the facility subject to the complaint;
  • the federal agency designated to investigate complaints; or
  • the Department of Justice.

Complaints may always be filed with the Civil Rights Division of the Department of Justice, which will refer your complaint to the appropriate agency.

Complaints regarding new construction of, or alterations to buildings or facilities funded by the federal government and subject to the Architectural Barriers Act of 1968 should be sent to:

Architectural and Transportation Barriers Compliance Board
Office of Compliance and Enforcement
1331 F Street, NW, Suite 1000
Washington, DC 20004-1111
(202) 222-0800
(800) 872-2253
TTY: (202) 272-0082
TTY: (202) 993-2822
Fax: (202) 272-0081

The Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice handles complaints of discrimination based on disability in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation. To file a complaint of discrimination based on disability, call (800) 514-0301 and send your complaint to:

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 307-2227
TTY: (800) 514-0383
Fax: (202) 307-1198

If the Disability Rights Section believes that there is a pattern or practice of discrimination, or the complaint raises an issue of general public importance, it may attempt to negotiate a settlement of the matter, or bring an action in U.S. district court. Any such action would be taken on behalf of the United States. You also have the option of filing your own lawsuit in U.S. district court.