Mar 4 - Immigration and Civil Rights Spring 2008

Mar 4 - Immigration and Civil Rights Spring 2008 -...

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Unformatted text preview: Immigration and Civil Rights Examples of Elite – Mass Conflict 1 Overview of Immigration Policy U.S. founded and settled by immigrants Early immigration laws preserved racial, religious, and ethnic composition of U.S. – 1882 Chinese Exclusion Act – 1907 President Theodore Roosevelt agreement with Japan to desegregate California schools – 1921 Quota Act based on quotas allowing only a certain number of individuals with a given background or heritage encouraged immigration from western Europe, discouraged immigration from eastern & southern Europe 2 Viewpoints of American Immigration Policy Pro­restriction on immigration – – Opponents of immigration restriction Illegal immigrants take low­skilled jobs away Average wages fallen ­ Business community ­ Illegal immigrants help economy ­ Average citizen benefits from a healthier economy ­ Helps global economy “Further restrictions on companies would prevent companies like ours from doing business in the U.S.” –Bill Gates 3 CIVIL RIGHTS POLICY AND THE OFFICE FOR CIVIL RIGHTS 4 HISTORICAL BACKGROUND Emancipation Proclamation frees slaves Slavery abolished in the United States Civil Rights Act of 1866 – declares all persons born in the U. S. to be citizens 14th Amendment – mandates equal protection under the law, due process, gives Congress right to enact laws to secure civil rights 15th Amendment – Gives all citizens right to vote regardless of “race, color, or previous condition of servitude.” 5 CIVIL RIGHTS ACT OF 1964 June 19, 1963, President Kennedy submits to Congress stating discrimination by federally funded facilities is wrong and should be unlawful; public money should benefit all July 2, 1964, CRA signed by President Johnson Final rule/implementing regulation published 12/4/64, approved 1/5/65 6 OFFICE FOR CIVIL RIGHTS Federal agency Part of U.S. Department of Health and Human Services (HHS) Enforces regulations prohibiting discrimination on the basis of race, color, national origin, disability, and age, by recipients of Federal financial assistance from HHS 7 7 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies. 45 CFR 80.3 8 Title VI of the Civil Rights Act of 1964 Prohibits federally assisted programs from discriminating against individuals because of race, color, national origin hospitals and schools) Prohibits segregated facilities (such as Considered by many to be the grandfather of all modern civil rights laws 9 1. Disparate Treatment Types of Illegal Discrimination Intentional discrimination because of race, color or national origin 2. Facially neutral policy or procedure that has the effect of discriminating against individuals of a particular race, color or national origin 10 10 Disparate Impact Recipients of federal financial assistance Specific Discriminatory Acts Prohibited – deny an individual a service, aid or other benefit – provide a benefit, etc. which is different or provided in a different manner – subject an individual to segregation or separate treatment (cont.) shall not: 45 CFR § 80.3 11 11 Recipients shall not: Specific Prohibited Acts (cont.) • restrict an individual in the enjoyment of benefits, privileges, etc. • treat an individual differently in determining eligibility • deny a person opportunity to participate on planning board 45 CFR § 80.3 12 12 SECTION 504 OF THE REHABILITATION ACT of 1973 Prohibits discrimination on the basis of disabling condition in programs and activities that receive federal financial assistance 13 13 Section 504 ­ Key Definitions Handicap or Disability A physical or mental impairment that substantially limits one or more major life activities Major life activities include (but are not limited to) things such as walking, talking, hearing, seeing, eating, speaking, working, caring for oneself 14 14 Section 504 Definitions (cont.) Three ways to be impaired: A person with a substantially limiting impairment A person who has a history of having a substantially limiting impairment A person who is viewed by the recipient as having a substantially limiting impairment 15 15 Section 504 ­ Key Concepts Section 504 requires Integration of persons with disabilities Equal and effective services Accommodations or program modifications where reasonable Program access for the disabled 16 16 Integration of Persons with Disabilities Section 504 requires that recipients Shall not provide a different or separate aid, benefit or service Shall not limit the enjoyment of any right, privilege, or opportunity 45 CFR §§ 84.4 & 84.52 17 17 Equal and Effective Services Recipients must give disabled persons the highest quality of services available as well as a full range of services provided to non­disabled patients • Not a guarantee that the disabled will achieve same result but, • Disabled persons must be afforded an opportunity to obtain same result 45 CFR §§ 84.4 & 84.52 18 18 Passed in 1990 The Americans with Disabilities Act Comprehensive law which attempts to apply Section 504 prohibitions to the private sector as well as state and local governments Contains 5 titles and is enforced by a variety of federal agencies 19 19 The Americans with Disabilities Act (cont.) Title I Employment Enforcement agency ­ EEOC Title II Activities of state & local governments Enforced by various federal agencies HHS jurisdiction over health & social service programs of state & local governments 20 20 Title III The Americans with Disabilities Act (cont.) Areas of public accommodation Lead enforcement agency ­ US DOJ Title IV Title V Telecommunications Enforcement agency ­ FCC Miscellaneous provisions – Refines the definition of disabled by saying what is not a disability (e.g. current illegal 21 21 Title II of the ADA Regulations promulgated July 26, 1991 Found at 28 CFR Part 35 Effective date January 26, 1992 Prohibits discrimination against persons with disabilities in services provided by state and local governments OCR jurisdiction over health & social service programs of state & local governments 22 22 Title II of the ADA Definitions under Title II track those under Section 504 Unlike Section 504, Title II provides definitions of what is NOT a disability examples: current illegal drug use, compulsive gambling 23 23 AGE DISCRIMINATION ACT OF 1975 Prohibits discrimination on the basis of age Protects persons of all ages General provisions comparable to Title VI Does not cover employment 24 24 HOW LAWS ARE ENFORCED Complaints: persons who believe they have been subjected to discrimination may file a complaint with OCR review of any agency or program that receivesDHHS funds Compliance reviews: OCR may initiate a Technical assistance/training 25 25 COMMONLY ASKED QUESTIONS What about my privacy and confidentiality? What about retaliation or reprisal? Can I initiate a private lawsuit? Can OCR represent me in my lawsuit? Are there other federal agencies that protect my rights? 26 26 FOR MORE INFORMATION Policy guidance, fact sheets, complaint forms, and other information are available on OCR’s website: www.hhs.gov/ocr 27 27 ...
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This note was uploaded on 11/21/2009 for the course PPD 225 taught by Professor Lewis during the Spring '07 term at USC.

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