Introduction - The Civil Rights Division of the U.S. Department
of Justice is responsible for enforcing Federal statutes that prohibit discrimination
on the basis of race, color, national origin, sex, disability, and religion.
These Federal laws prohibit discrimination in education, employment, credit,
housing, public accommodations, voting, and in certain federally-funded and
conducted programs, among other areas. In addition, the Division prosecutes
actions under several criminal civil rights statutes that are designed to
preserve personal liberties and safety. The Division can also seek relief
for persons confined in public institutions where existing conditions deprive
residents of their constitutional rights. Tribal governments and State and
local governments may also have laws or procedures protecting civil rights.
The following areas of the Civil Rights Division's enforcement program may
be of particular interest to American Indians and Alaska Natives.
Criminal Statutes Protecting Your 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.
Federal law also makes it a crime for a public official to willfully violate
another person's constitutional or other federally-protected rights, which
include the right to be free from unjustified physical assaults and unwanted
sexual contact.
If you have been physically assaulted or threatened in connection with your
exercise or attempted exercise of what you believe is a federally-protected
right, you should promptly contact the nearest office of the Federal Bureau
of Investigation, your local United States Attorney, or the Criminal Section
of the Civil Rights Division at (202) 514-3204. The FBI and U.S. Attorneys
have publicly listed offices in most major cities.
Further information is available at: www.usdoj.gov/crt/crim
Education - 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.
The Division's enforcement efforts involve all aspects of the education
process, including attacking discrimination 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.
If you believe that you or your child have been denied access to an educational
program or otherwise discriminated against by a school operated by a State
or local government or by a school that receives Federal funds, you can contact
the Division's Educational Opportunities Section at (877) 292-3804.
You also can contact the U.S. Department of Education at (800) 421-3481
if the school district receives Federal funds. If you have a complaint concerning
a school operated by the Bureau of Indian Affairs, please contact the Bureau
at (202) 208-3711.
Further information is available at www.usdoj.gov/crt/edo
Employment - 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.
If you believe that you have been discriminated against by an employer,
a labor organization or an employment agency because you are an American Indian
or Alaska Native, you may contact the U.S. Equal Employment Opportunity Commission
(EEOC). You can call the EEOC at (800) 669-4000 (voice) or (800) 669-6820
(TDD) to be put in contact with the EEOC office nearest you.
If you believe that a State or local government employer has discriminated
against you because you are an American Indian or Alaska Native, you can also
call the Division's Employment Litigation Section at (202) 305-2621. 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.
In addition, if you believe that a private employer has discriminated against
you because of your citizenship status or if an employer refuses to accept
your American Indian tribal document or other acceptable documentation as
proof of your eligibility to work in this country, you can call the Division's
Office of Special Counsel at (800) 255-7688 (voice) or (800) 237-2515 (TDD).
Further information is available at www.usdoj.gov/crt/emp
and www.usdoj.gov/crt/osc
Federally-Assisted Programs - Federal laws prohibit entities
that receive Federal funds from discriminating on the basis of race, color,
national origin, disability, or, in some instances, sex and religion. In addition,
you may not be subject to retaliation for filing a complaint of discrimination
or participating in an investigation. Each Federal funding agency investigates
complaints of discrimination against the recipients of its funds. Complaints
should be filed with the Federal funding agency. If you are unaware of which
Federal agency funds the entity that you believe discriminated against you,
you can file a complaint with the Division's Coordination and Review Section
(telephone (888) 848-5306), and that Section will refer your complaint to
the appropriate agency for investigation.
The Department of Justice provides Federal financial assistance primarily
to police departments and prisons. If you believe you have been discriminated
against by an entity that receives funds from the Department of Justice, you
can file a complaint with the Division's Coordination and Review Section or
the Department of Justice's Office of Justice Programs (telephone (202) 616-3539).
Further information is available at www.usdoj.gov/crt/cor
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. The Division's Housing and Civil Enforcement
Section (telephone (800) 896-7743) handles cases involving a pattern or practice
of discrimination in housing, while the U.S. Department of Housing and Urban
Development (HUD) (telephone (800) 669-9777) investigates individual complaints
of discrimination in housing.
Federal law also prohibits local governments from adopting or enforcing
land use regulations that impose a substantial burden on religious exercise.
If you believe you are the victim of this kind of discrimination, you can
file a complaint with the Housing Section.
Further information is available at www.usdoj.gov/crt/housing
Individuals with Disabilities - Federal law prohibits discrimination
on the basis of disability in (1) employment when the employer has 15 or more
employees (e.g., recruitment, hiring, promotions, training, pay, and job interview
questions that you can be asked about your disability); (2) all activities
of State and local governments (e.g., public education, transportation, recreation,
employment, health care, social services, voting, and town meetings); and
(3) places of public accommodation (e.g., hotels, restaurants, retail stores,
theaters, and health care facilities).
To be protected, you must have a qualifying disability, have a record of
such a disability, be regarded as having such a disability, or have a relationship
or association with a person with such a disability.
Complaints of discrimination on the basis of disability may be filed with
the Disability Rights Section, (800) 514-0301 (voice), (800) 514-0383 (TDD).
Charges of employment discrimination on the basis of disability may be filed
at any U.S. Equal Employment Opportunity Commission (EEOC) field office. See
information in the Employment section above.
Further information is available at www.usdoj.gov/crt/drs/drshome.htm
Institutionalized Persons - The Civil Rights Division protects
the constitutional and Federal statutory rights of persons confined in certain
institutions owned or operated by State and local governments. These institutions
include facilities for individuals who are mentally ill or developmentally
disabled, nursing homes, juvenile correctional facilities, and adult jails
and prisons. The Division has the authority to investigate institutional conditions
and file suit against State and local governments for a pattern or practice
of egregious or flagrant unlawful conditions. Thus, if American Indians or
Alaska Natives residing in a county-owned nursing home or incarcerated in
a correctional facility are not being provided adequate medical care, the
Division's Special Litigation Section (telephone (202) 514-6255) can investigate
and file a lawsuit against the appropriate governmental authority to force
improvements in the quality of care. This authority does not cover tribal
governments or federally-operated facilities.
The Division also enforces a Federal law that prohibits jurisdictions receiving
Federal financial assistance from imposing a substantial burden on religious
exercise. Institutions such as prisons or jails must therefore demonstrate
a compelling interest before creating such burdens on persons wishing to engage
in Native religious practices.
Further information is available at www.usdoj.gov/crt/split
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 can also file an individual complaint with HUD (telephone (800) 669-9777)
if the loan is for housing purposes. You can file a complaint with the Division's
Housing and Civil Enforcement Section (telephone (800) 896-7743) if a pattern
or practice of lending discrimination is involved.
If the loan is not for a housing-related purpose (for example, a car loan
or a credit card), you can file a discrimination complaint with the Division's
Housing and Civil Enforcement Section or with the regulatory agency that oversees
the lending institution.
Further information is available at www.usdoj.gov/crt/housing
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.
The civil rights laws covering federally-assisted programs and the criminal
statutes addressing civil rights (discussed elsewhere in this brochure) also
may apply to a police misconduct complaint. You may file a complaint with
the Division's Special Litigation Section (telephone (202) 514-6255).
Further information is available at www.usdoj.gov/crt/split
Public Accommodations - Discrimination because of race,
color, religion, or national origin is prohibited by Federal law in public
accommodations such as hotels, restaurants, and places of entertainment. If
you believe you have been discriminated against by being denied entrance,
access, or service in a place of public accommodation, you can notify the
Division's Housing and Civil Enforcement Section at (800) 896-7743.
Further information is available at www.usdoj.gov/crt/housing
Reproductive Health Services Access - If an American Indian
or Alaska Native woman were to seek reproductive health services and encounter
undue interference in the form of force or threat of force or physical obstruction,
including blockades, Federal law provides the Division with authority to seek
relief to prohibit such interference, as well as statutory or compensatory
damages, and civil penalties against individuals who engage in such conduct.
If you have a complaint about this type of matter, you may contact the Division's
Special Litigation Section (telephone (202) 514-6255).
Further information is available at www.usdoj.gov/crt/split
Voting - As 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 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.
Certain States and counties with a history of discrimination against minority
voters, some of which include areas in Indian Country, must obtain Federal
approval of new voting practices or procedures to ensure that they do not
discriminate against racial or language minorities, including American Indians
and Alaska Natives. Federal observers also may be placed in polling places
to make sure that minority voters are permitted to vote without discrimination
and to receive assistance in voting, if needed. County officials in some parts
of the country also must provide information about voter registration and
the election process in certain Native languages. Where the Native language
is historically unwritten, election officials must provide this information
and assistance orally in the Native language. To find out if the jurisdiction
where you vote is covered, or to refer any election-related complaint, contact
the Division's Voting Section at (800) 253-3931.
These laws protecting voting rights apply to State and local governments.
They do not apply to tribal governments or tribal elections.
Further information is available at: www.usdoj.gov/crt/voting
HOW TO FILE A COMPLAINT OR OBTAIN ADDITIONAL INFORMATION
Complaints to the Civil Rights Division should be filed as soon as possible
after the alleged act and, in some instances, within 180 days of the date
of the alleged discrimination. Complaints should be in writing and signed,
and include your name, address, and telephone number(s); the name(s) of any
public or private agency, institution, department, or individual you believe
discriminated against you; and a description of the conduct you believe violated
one of the laws discussed above, with as many details as possible.
For further information, or to file a complaint, contact:
U.S. Department of Justice
Civil Rights Division
Office of the Assistant Attorney General
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202) 514-4609 (Voice)
(202) 514-0716 (TDD)
(202) 307-2839 (Fax)
www.usdoj.gov/crt
Updated 2008-07-25