8-2.010
General Procedures
|
Federal law protects against discrimination in voting, public
accommodations and facilities, public schools, employment, housing, credit,
and in all programs and activities receiving federal financial assistance.
In all of these areas the Attorney General is authorized under specific
conditions to institute civil actions for appropriate relief.
This chapter will deal with the procedures for investigation and trial
which are generally applicable to civil statutes administered by the Civil
Rights Division, the functions of Sections with enforcement activities under
these statutes, and with the special procedures which must be followed in
connection with enforcement of many civil rights statutes. These special
procedures are described in the paragraphs devoted to the Section which is
responsible for enforcing the statute.
8-2.100
Investigation and Trials
|
Except for any particular civil case or category of civil case
(see USAM 8-2.180) that may be
assigned by the Assistant Attorney General of the Civil Rights Division to
the United States Attorney for trial, the Civil Rights Division has the
responsibility for handling all civil matters and cases, including all
correspondence, motions, responses, briefs and arguments. For administrative
and informational purposes, the Division will keep the United States
Attorney advised of the progress of such matters by forwarding to him/her
copies of correspondence and pleadings served on opposing counsel and/or
filed with the trial court. The Division should confer with the United
States Attorney with respect to the position to be taken in civil cases, and
utilize such assistance as may be mutually agreeable between the Division
and the United States Attorney. Notwithstanding the foregoing case
responsibilities, the Division and the United States Attorney should
cooperate in assisting each other by taking complementary steps to protect
fully the interests of the United States and to assure the successful
prosecution of the litigation.
The following procedures are generally applicable to investigations and
trials in civil matters in which the Civil Rights Division has
responsibility.
8-2.110
Investigations
|
With certain exceptions noted below, the FBI is generally authorized to
conduct preliminary investigations into civil rights complaints without
prior authorization from the Assistant Attorney General, Civil Rights
Division, or from the United States Attorney. (Instructions for standard
preliminary investigations have been devised and furnished to the FBI for
many of the civil statutes administered by the Division. Copies of such
instructions may be obtained from the appropriate Section in the Division.)
The United States Attorney will be notified when any investigation is
commenced in his/her district, and when the size, extent, or scope of any
investigation, absent an emergency, is other than routine, the Assistant
Attorney General, Civil Rights Division, or his/her authorized Section Chief
shall advise and consult with the United States Attorney prior to the
instigation of such investigation.
When complaints are received by the United States Attorney, the
appropriate Section of the Civil Rights Division should be consulted as to
how best to proceed with the complaint. Such complaints also may be referred
to the FBI for investigation.
When the Division requests the FBI to conduct an investigation, a copy
of the request will be forwarded to the United States Attorney for the
District. During or upon completion of the preliminary investigation, the
United States Attorney should forward his/her views to the Assistant
Attorney General, Civil Rights Division, to the attention of the Chief of
the Section which has enforcement responsibility for the matter being
investigated.
8-2.120
Institution of Civil Proceedings—Authorization
|
In most instances, the institution of judicial proceedings in civil
rights cases must be authorized by the Assistant Attorney General of the
Civil Rights Division, and the complaint must be signed by the Assistant
Attorney General. Some civil rights statutes also require the complaint to
be signed by the Attorney General. One category of cases—Fair Housing
Act "election" cases delegated to United States Attorneys (see USAM 8-2.230)—does not require the
signature of the Assistant Attorney General.
8-2.130
Trials
|
The Civil Rights Division will supervise, support and coordinate, as
appropriate, the preparation of pleadings and other legal documents in
connection with the trial and preparation of civil cases under the civil
rights statutes. It will ordinarily provide personnel to conduct or to
assist at the trial of such cases, after consultation with the United States
Attorney.
8-2.140
Interventions
|
Title IX of the Civil Rights Act of 1964 (42 U.S.C. § 2000h-2)
authorizes the Attorney General to intervene in cases of general public
importance involving alleged denials of equal protection of the laws on
account of race, color, religion, sex or national origin. In light of the
statutory requirement of certification by the Attorney General, any request
for intervention from a private litigant received by the United States
Attorney should be forwarded to the Department with a recommendation. This
authority to intervene has been used most frequently in cases involving
discrimination in schools, prisons, and in the selection of jurors.There are
other civil rights statutes which also authorize the Attorney General to
intervene in private cases. The Fair Housing Act, as amended by the Fair
Housing Amendments Act of 1988, authorizes the Attorney General to intervene
in cases initiated by private individuals when she or he certifies that the
case of general public importance. (42 U.S.C. § 3613(e).
Similarly, the Civil Rights for Institutionalized Persons Act (CRIPA)
(see USAM 8-2.261), and Americans
With Disabilities Act authorizes intervention (see USAM 8-2.410). The United States Attorney
should notify the Assistant Attorney General, Civil Rights Division, upon
learning of a case in his/her District in which intervention by the United
States under 42 U.S.C. § 2000h-2 might be appropriate.
8-2.150
Appeals
|
Appeals in civil rights cases are supervised by the Appellate Section of
the Civil Rights Division. For United States Attorneys' appellate
responsibilities. See USAM
2-3.210.
8-2.160
Cooperation with Private Litigants
|
It is the long-standing policy of the Department to avoid providing
legal advice or providing information developed through our investigations
to private litigants. It is appropriate, however, to advise private citizens
who are not litigants of their rights under the federal laws which we are
authorized to enforce, including their right to be represented by private
attorneys. In addition, in cases in which the United States is a co-litigant
with a private plaintiff, it is appropriate to consult with the co-litigant
about evidence the United States expects to submit to the court.
8-2.170
Standards for Amicus Participation
- Guidelines.
Although guidelines cannot cover all possible cases,
amicus participation by the Civil Rights Division ("the Division") should
generally be limited to the following types of cases:
- In which a court requests participation by the Division;
- Which challenge the constitutionality of a federal civil rights statute;
(cf. 28 U.S.C. § 2403(a));
- Which involve the interpretation of a civil rights statute, Executive
Order, or regulation that the Department of Justice (or another federal
agency) is empowered to enforce;
- Which raise issues the resolution of which will likely affect the scope
of the Division's enforcement jurisdiction (e.g., cases involving the
concept of state action under the Fourteenth Amendment);
- Which raise issues that could affect in a significant way private
enforcement of the statutes the Division enforces; and
- Cases in which a special federal interest is clear and is not likely to
be well-served by the private litigants.
- There will, of course, be instances not fitting the above criteria in
which amicus participation should nevertheless be considered.
- Other Factors.
In addition to these necessarily general standards,
there are other factors that should be considered in determining whether to
make a recommendation for amicus participation. These include:
- The importance of the issue to be addressed, the level of the court in
which it is posed, and the probable impact of its resolution;
- The probability of the Division being able to contribute substantially
to the resolution of the case (e.g., competence of private counsel, state of
the record, timeliness);
- The wisdom of amicus participation as distinguished from intervention;
and
- The availability of Division resources.
- Amicus participation in district courts.
Section Chiefs who wish to
recommend amicus participation in a district court should send their
proposal to the appropriate Deputy Assistant Attorney General. They will be
notified if the filing of an amicus brief has been approved. Thereafter,
they will coordinate the filing of the brief and any other papers through
the appropriate Deputy.
- Amicus participation in the courts of appeals and the Supreme
Court.
The Appellate Section has primary responsibility for the
Division's amicus participation in appellate courts, subject to the general
supervision of the Assistant Attorney General and to authorization by the
Solicitor General. The procedures to be followed are explained in the Civil Rights Resource Manual at 1.
| 8-2.180
Concurrent Enforcement Authority
With respect to civil litigation, United States Attorneys presently have
concurrent authority with the Civil Rights Division to enforce the following
federal civil rights statutes:
- Section 203 of the Voting Rights Act, 42 U.S.C. § 1973aa-1a
(see USAM 8-2.281);
- Title II of the Civil Rights Act of 1964, 42 U.S.C.
§§ 2000a et seq. (see USAM 8-2.233);
- Title III of the Civil Rights Act of 1964, 42 U.S.C. § 2000b
et seq. (see USAM 8-2.262);
- Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e-5, (see USAM
8-2.211) and
- Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, 42 U.S.C. §§ 3601, et seq.
(The Fair Housing Act) (see USAM
8-2.231).
- Freedom of Access to Clinic Entrances Act of 1994, 18 U.S.C.
§ 248 (see USAM
8-2.264).
Upon initiation of an investigation, the United States Attorney shall
notify the Civil Rights Division of the nature and scope of the
investigation. Once the United States Attorney determines that litigation is
warranted, the United States Attorney shall provide the Assistant Attorney
General for Civil Rights with a copy of a litigation justification
memorandum and proposed pleadings.
The United States Attorney shall also consult with the Assistant
Attorney General for Civil Rights as to the merits of the litigation prior
to filing. The Assistant Attorney General for Civil Rights shall retain
final authority to determine what cases ought to be filed, compromised, or
settled regardless of the judicial districts in which they arise.
In areas in which the United States Attorneys have concurrent authority
with the Civil Rights Division, the United States Attorney shall report on a
quarterly basis (i.e. , January 1, April 1, July 1, and October 1 of each
year), the name, nature, and status of all civil rights complaints received.
The report should identify each matter closed during the quarter and state
briefly why it was closed.
[cited in
USAM 8-2.100;
USAM 8-2.231;
USAM 8-2.233;
USAM 8-2.262]
8-2.190
Production or Disclosure in Federal and State Proceedings of
Material or Information Contained in Civil Rights Division Files
|
Procedures governing production or disclosure in federal and state
proceedings of material or information contained in Civil Rights Division
files are set out at USAM 8-3.195. (Demands
in judicial proceedings for the production or disclosure of information in
Civil Rights Division files most often relate to criminal matters. For this
reason the procedures to be followed are set out in the chapter pertaining
to the Criminal Section of the Division.)
8-2.210
Employment Litigation Section
|
The Employment Litigation Section is responsible for the enforcement of
Title VII of the Civil Rights Act of 1964, as amended, with respect to the
statute's prohibition of employment discrimination by state and local
governments; and Executive Orders 11246 and 11375, which prohibit employment
discrimination by contractors and subcontractors working on federal or
federally-assisted contracts. The Section also defends: (1) suits
challenging the constitutionality of congressionally authorized preference
programs under the Small Business Administration's 8(a) program and other
minority and disadvantaged business enterprise programs; and (2) actions in
which a federal contractor, subcontractor or grantee seeks to enjoin the
termination or suspension of federal contracts or funds under Executive
Order 11246 or federal funding statutes.
8-2.211
Employment Litigation Section—Affirmative Suits Under Title VII
|
Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e
et seq.) as amended, forbids employment practices that discriminate on the
basis of race, color, religion, sex or national origin by employers, labor
organizations, employment agencies, state and local governments,
governmental agencies, political subdivisions and the federal government. In
addition to discriminatory terminations and refusals to hire, the Act
forbids all other discriminatory practices with respect to terms or
conditions of employment as well as retaliation for engaging in activities
protected by the Act.
The Department of Justice shares enforcement authority under Title VII
with the Equal Employment Opportunity Commission (EEOC). The Department has
authority to seek to remedy employment discrimination by state and local
governments, and their agencies and political subdivisions. Enforcement
authority as to private employers belongs to the EEOC. The EEOC also has
primary enforcement responsibility with respect to the federal
government.
NOTE: The Civil Division generally defends federal agencies in employment
discrimination suits filed by individuals against the government. The
United States Attorney should notify the Civil Division, rather than the
Civil Rights Division, whenever such a suit is filed in his or her
district.
Persons who complain to the United States Attorneys' Offices of
employment discrimination by employers and other organizations covered by
Title VII, other than the federal government, should be advised immediately
to file their complaint with the EEOC. Those who complain of discrimination
by an agency of the federal government should be advised to bring their
complaint to the attention of the equal employment opportunity officer of
the agency involved and the EEOC.
In the case of a Title VII charge of discrimination against a state or
local government, or governmental agency, if the EEOC has found reasonable
cause and has been unable to secure an acceptable conciliation agreement, it
will refer the charge to the Employment Litigation Section, which may file a
civil action under Section 706 of Title VII. In addition, this Section may,
without prior referral, initiate pattern or practice suits under Section 707
of Title VII against state or local government employers.
[cited in
USAM 8-2.180]
8-2.212
Employment Litigation Section—Affirmative Suits Under Executive
Orders 11246 and 11375
|
The Attorney General may also, in certain circumstances, bring actions
against contractors or subcontractors with the federal government or
contractors or subcontractors on federally-assisted contracts to enforce the
requirements of Executive Order 11246, as amended by Executive Order 11375.
Executive Order 11246 forbids discrimination based on race, color, religion,
sex or national origin by such contractors or subcontractors. Primary
enforcement responsibility is vested in the Department of Labor, which may,
if unable to obtain compliance, refer the case to the Department of Justice
for appropriate legal proceedings. The text of Executive Order 11246, as
amended by Executive Order 11375, is set forth immediately following Section
2000e of Title 42 of the United States Code. Since allegations of violations
of Executive Order 11246 may present unfamiliar questions, the Department of
Labor normally refers cases under the Order directly to the Civil Rights
Division.
8-2.213
Employment Litigation Section—Defensive Suits
|
The responsibility of the Employment Litigation Section extends to suits
in which a federal contractor, subcontractor or grantee sues to enjoin the
actual or threatened termination or suspension of federal contracts or funds
under Executive Order 11246, Title VI of the Civil Rights Act of 1964 (42
U.S.C. §§ 2000d-2000d-6), or other federal funding statutes.
The Section also is responsible for defending actions that challenge the
constitutionality of congressionally authorized preference programs under
the Small Business Administration's 8(a) program (15 U.S.C.
§ 637(a)) and other minority and disadvantaged business enterprise
programs. In such cases, the defense of the agency's action is the
responsibility of the Employment Litigation Section.
8-2.214
Employment Litigation Section—United States Attorney
Responsibilities
|
Each United States Attorney has concurrent authority with the Employment
Litigation Section with respect to individual cases of discriminatory
employment practices by state and local governments under Section 706 of
Title VII, 42 U.S.C. § 2000e-5. Each United States Attorney's
Office may work out appropriate procedures with the Employment Litigation
Section for the handling of suits under Section 706. Authority for the
initiation and compromise of such suits remains with the Assistant Attorney
General.
Any United States Attorney who learns or has reason to believe that a
state or local government employer is engaging in a pattern or practice of
employment discrimination covered by Section 707 of Title VII should advise
the Assistant Attorney General, Civil Rights Division.
8-2.220
Educational Opportunities Litigation Section
|
The Educational Opportunities Litigation Section enforces federal
statutes which prohibit public school officials from engaging in
discriminatory practices.
The Supreme Court's landmark decision in Brown v. Board of Education
mandates that public school officials not assign students to schools and
classes on a racial basis, or deny students equal educational opportunity on
the basis of race or color. Subsequent federal legislation and court
decisions mandate that school officials not discriminate against students on
the basis of gender or language barriers. Thus, the Section's work covers a
variety of legal issues involving both elementary and secondary schools and
institutions of higher education.
The laws for which this Section has responsibility include Title IV of
the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of
1974. In addition, the Section enforces Section 504 of the Rehabilitation
Act of 1973, and Title II of the Americans with Disabilities Act with
respect to students enrolled in public educational institutions.
The Section continues to litigate a large number of cases in which it
challenges practices of school districts which result in illegal student
segregation. Such discriminatory practices usually involve decisions of
school districts in reorganizing the structure of a district, new methods of
assigning students to classes, constructing new schools, and modifying
student attendance zones.
8-2.221
Educational Opportunities Litigation Section—Title IV of the
Civil Rights Act of 1964
|
Under Title IV of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000c), the Attorney General is authorized, when certain
statutory conditions are met, to institute public school desegregation suits
against school officials and others who may be necessary to the granting of
appropriate relief.
Under the terms of Title IV, complaints of discrimination or segregation
in public schools and colleges must be in writing and signed by a parent or
group of parents or, in the case of colleges, by the person aggrieved. The
complaint should contain a statement to the effect that the children
involved are being deprived by a school board of the equal protection of the
laws, or, if it is a college-level complaint, to the effect that the
complainant has been denied admission to or not permitted to continue in
attendance of a public college by reason of race, color, religion, or
national origin. Complainants should be advised of these requirements. No
particular form of complaint is required; it need not be under oath. The
United States Attorney should review any information indicating a violation
of this Act, and submit his/her recommendation concerning further action to
the Assistant Attorney General, Civil Rights Division.
[cited in
USAM 8-2.222]
8-2.222
Educational Opportunities Litigation Section—The Equal
Educational Opportunities Act of 1974
|
The Equal Educational Opportunities Act of 1974 (20 U.S.C.
§ 1701 et seq.) also authorizes the Attorney General to institute
public school desegregation suits against school officials and others. The
segregative acts of school officials which deny equal educational
opportunity are specifically described (20 U.S.C. § 1703(a) to
(e)). In addition, such a suit may be filed when public school officials
fail to take appropriate action to overcome language barriers that impede
equal participation by its students in its instructional program (20 U.S.C.
§ 1703(f)). Unlike Title IV (see USAM 8-2.221), jurisdiction under this Act does
not require a written complaint from parents, and the Attorney General may
institute a civil action on behalf of any individual denied equal
educational opportunity. The United States Attorney should review any
information indicating a violation of this Act, and submit his/her
recommendation concerning further action to the Assistant Attorney General,
Civil Rights Division.
8-2.223
Educational Opportunities Litigation Section—Defensive
Litigation
|
The defense of the Department of Education's determination to terminate
federal funds to an educational institution under Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000d) and other federal statutes
is administered by the Educational Opportunities Section.
8-2.224
Educational Opportunities Litigation Section—Referrals
There are several federal statutes for which the Section has enforcement
authority, although only after a referral from another government agency.
Those statutes, generally, prohibit the recipients of federal financial
assistance from discrimination on several bases:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d,
which prohibits the exclusion, the denial of benefits, and discrimination on
the grounds of race, color or national origin in programs or activities
receiving federal funds.
- Title IX of the Education Amendments of 1972, 20 U.S.C.
§ 1681, which prohibits the exclusion, the denial of benefits, and
discrimination on the basis of sex in programs or activities receiving
federal funds.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
§ 794, which prohibits the exclusion, the denial of benefits, and
discrimination in programs or activities receiving federal funds by reason
of handicap.
- Title II of the Americans With Disabilities Act of 1990, 42 U.S.C.
§§ 12131-12134, which provides that no qualified individual with a
disability shall, by reason of such disability, be excluded from
participation in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination by any such
entity. [A public entity is any instrumentality of the state such as a
school district. A qualified individual with a disability is a person, who
with the aid of services, can participate in the school district's
program.]
The statutes have implementing regulations which help define violations
as well as set forth enforcement procedures. The regulations authorize the
administrative agencies to enforce the above statutes in several ways.
See Civil Rights Resource Manual at
2.
8-2.230
Housing and Civil Enforcement Section
|
The Housing and Civil Enforcement Section is responsible for
administering the enforcement of federal statutes regarding equal housing
opportunity, equal credit opportunity, discrimination in places of public
accommodation, and discrimination in the provision of municipal services.
The primary statutes with which this Section is concerned are the Fair
Housing Act (Title VIII of the Civil Rights Act of 1968), as amended by the
Fair Housing Amendments Act of 1988, (42 U.S.C. §§ 3601 to
3619); the Equal Credit Opportunity Act (15 U.S.C. §§ 1691 to
1691f); and Title II of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000a). This section is also responsible for enforcing several
statutes which prohibit discrimination in, among other things,
housing-related programs where the operator of the program receives federal
funds, i.e., Title VI of the Civil Rights Act of 1964, (42 U.S.C.
§§ 2000d-2000d-4), prohibiting discrimination on the basis of
race, color, or national origin in federally funded programs (see USAM 8-2.240); Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
prohibiting discrimination on the basis of handicap in federally funded
programs. Such cases can be brought only after referral from the agency
(Department of Housing and Urban Development) which administers the
federally funded program. Numerous sample pleadings and forms for
enforcement of these statutes are included in the Civil Rights Resource Manual at 101 et seq.
[updated October 1999]; [cited in
USAM 8-2.120]
8-2.231
Housing and Civil Enforcement Section—Fair Housing Act
|
The Fair Housing Act is Title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988.
Subject to certain specified limitations, Title VIII, as amended by the
Fair Housing Amendments Act of 1988, forbids discrimination based on race,
color, religion, sex, familial status (families with children under age 18),
national origin, or handicap in the sale, rental, advertising, or financing
of housing. Practices forbidden by the law include not only the direct
refusal to sell, rent, or finance, but also more sophisticated forms of
discrimination such as providing false information about housing
availability, blockbusting, racial steering, redlining, and discrimination
by the use of zoning or other land use power. In addition, with respect to
handicapped individuals, discrimination includes the refusal to permit the
reasonable modification of existing premises and the refusal to make
reasonable accommodations in rules, policies, practices, or services.
Finally, the statute requires that most multifamily dwellings constructed
for initial occupancy after March 1991 be handicapped-accessible.
The Fair Housing Amendments Act created a new remedial structure to
enforce the rights granted by the Fair Housing Act, significantly
strengthening the federal role in the enforcement process. The Department of
Justice and the Department of Housing and Urban Development (HUD) share
enforcement responsibility under the amended Act. HUD is authorized to
receive and investigate complaints of discrimination from individual private
citizens and to attempt to obtain voluntary compliance with the Act through
conciliation. In the event that the conciliation process fails to achieve
voluntary compliance, HUD is further authorized, when it finds reasonable
cause, to issue administrative charges alleging that the Act has been
violated. After a charge is issued, the matter can proceed along one of two
routes: (1) HUD litigates the case on behalf of the individual victim before
an administrative law judge; or (2) one of the parties to the administrative
charge elects to have the case heard in federal court, in which case, the
Attorney General, acting through the Civil Rights Division, is required by
the statute to initiate and maintain a lawsuit in federal court on behalf of
the individual victim. In addition, if HUD believes prompt judicial action
is necessary to preserve the availability of housing which is the subject of
a complaint filed with that agency, it may request the Attorney General to
seek a temporary restraining order from a federal court pending completion
of the administrative process.
The Housing and Civil Enforcement Section has concurrent authority with
United States Attorneys' Offices (USAOs) to litigate and handle cases in
which there is a pattern or practice of unlawful discrimination or the
discriminatory denial of rights protected by the Act to any group of persons
(42 U.S.C. § 3614(a)). See USAM
8-2.180. Such cases may be initiated by the Attorney General without any
referral from HUD. The Section also has responsibility for determining
whether or not to initiate other cases referred by HUD such as (1) referrals
involving zoning or land use issues (42 U.S.C. § 3614(b)(1); (2)
referrals involving breaches of conciliation agreements (42 U.S.C
§ 3614(b)(2); and (3) referrals involving enforcement of HUD
subpoenas (42 U.S.C. § 3614(c). Finally, in conjunction with the
Appellate Section, the Section has responsibility for enforcement of orders
entered by HUD administrative law judges in Fair Housing Act cases which are
enforced through the HUD administrative court system. See 42 U.S.C.
§ 3612(j).
The United States Attorneys also have been delegated concurrent
authority in Fair Housing Act matters to pursue and initiate fair housing
and fair lending pattern or practice matters. Although most of these
investigations are handled by the Housing and Civil Enforcement Section,
United States Attorneys may participate or take the lead in investigating
and initiating such matters under this concurrent authority. If any United
States Attorney receives information about housing discrimination involving
such things as discrimination in the rental or sale of houses or apartments,
lending, blockbusting or racial steering, he/she should contact the Housing
and Civil Enforcement Section to determine how to proceed and which office
will be responsible for any investigation that is initiated. The notice
should be directed to the attention of the Chief of the Housing and Civil
Enforcement Section. In the event that the United States Attorney determines
that litigation is warranted, he/she shall provide the Assistant Attorney
General for Civil Rights with a litigation justification memorandum and
proposed pleadings. The Assistant Attorney General for Civil Rights has the
final authority to determine what cases are to be filed, compromised, or
settled. This decision will be made after consultation with the United
States Attorney concerning the merits of the proposed litigation. See
USAM 8-2.180.Each United States Attorney
also has concurrent authority with the Housing and Civil Enforcement Section
with respect to the Fair Housing Act "election" cases referred from HUD. The
Housing and Civil Enforcement Section is responsible for coordinating with
the USAOs in determining which office should handle the "election" cases
from HUD which require filing. When such cases are assigned to USAOs, the
Section is available to lend whatever support it can to assist the USAOs in
meeting this responsibility. A detailed manual has been prepared by the
Housing and Civil Enforcement Section.
The USAOs also have responsibility for (1) enforcing administrative
subpoenas issued by HUD under Section 811 of the Fair Housing Act (42 U.S.C.
§ 3611) for possible suit under 42 U.S.C. 3614(c); HUD will either
refer these matters directly to USAOs or to the Housing and Civil
Enforcement Section, which will then coordinate with the appropriate USAO;
(2) enforcement of orders issued by administrative law judges. Although the
Housing and Civil Enforcement Section, in conjunction with the Appellate
Section, will be responsible for obtaining appropriate orders of enforcement
from the court of appeals under 42 U.S.C. § 3612(j), USAOs, in
coordination with the Housing and Civil Enforcement Section, shall have
responsibility for seeking collection of such judgments, when necessary.
The use of force or threats of force to interfere with fair housing
rights may violate the criminal provisions of Title IX of the 1968 Civil
Rights Act (42 U.S.C. § 3631) as well as the civil provisions (42
U.S.C. § 3617). The determination of whether or not to proceed
civilly will be made by the Assistant Attorney General, Civil Rights
Division, in consultation with the United States Attorney. Criminal
prosecutions under 42 U.S.C. § 3631 are supervised, supported and
coordinated as appropriate by the Criminal Section of this Division.
See USAM 8-3.000.
[cited in
USAM 8-2.180]
8-2.232
Housing and Civil Enforcement Section—Equal Credit Opportunity
Act
|
The Equal Credit Opportunity Act (ECOA) forbids discrimination in the
extension of credit based on race, color, religion, sex, marital status,
national origin, age, because a credit applicant receives public assistance,
or because a credit applicant has exercised rights under the Consumer Credit
Protection Act. The coverage of the law became effective in stages and its
final form became effective on March 23, 1977.
Certain administrative enforcement responsibilities are given by the
statute to twelve federal agencies, with the Federal Trade Commission having
the broadest responsibility. Private suits are also provided for. The
Attorney General is authorized to sue for injunctive and monetary relief.
The Attorney General may sue when a case is referred by one of the twelve
federal regulatory agencies or when he/she finds a pattern or practice of
credit discrimination. (ECOA was amended in 1991 to require that the federal
bank regulatory agencies refer matters to DOJ when they have reason to
believe that a lender they supervise is engaged in a pattern or practice of
discrimination under ECOA.)
When information about discrimination in credit is brought to the
attention of the United States Attorney, he/she should notify the Assistant
Attorney General, Civil Rights Division, attention: Chief of the Housing and
Civil Enforcement Section, who will then communicate with complainants by a
form letter which advises them of their private rights and of the Attorney
General's responsibilities under the Act. The Chief of the Housing and Civil
Enforcement Section will also determine, in consultation with the United
States Attorney, whether investigative or litigative action is
appropriate.
The Division has devised a standard preliminary investigation for
violations of the Equal Credit Opportunity Act, which is available from the
Housing and Civil Enforcement Section upon request.
8-2.233
Housing and Civil Enforcement Section—Title II of the Civil
Rights Act of 1964
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Title II of the Civil Rights Act of 1964 (42 U.S.C. § 2000a)
prohibits discrimination on account of race, color, religion, or national
origin in places of public accommodation, such as hotels, restaurants, and
theaters. Under the Act, the Attorney General is authorized to bring a civil
action whenever there is reasonable cause to believe that any person or
group of persons is engaged in a pattern or practice of resistance to the
full enjoyment of any of the rights secured by Title II, and that the
pattern or practice is of such a nature and is intended to deny the full
exercise of the rights secured by that Title. This statute does not
authorize the Attorney General to pursue individual complaints of
discrimination in the area of public accommodations, but individuals may
pursue such claims privately under Title II and under other civil rights
statutes. The Act also does not authorize the United States to seek monetary
relief in such cases. The Attorney General may intervene in such suits in
the discretion of the court upon certification that the case is of general
importance.
The statute expressly requires the complaint in such a suit to be signed
by the Attorney General. The Attorney General is authorized to request that
the case be heard by a three-judge court, upon certification that the case
is of general public importance. The Act requires the trial court to
expedite the case. See generally the Civil
Rights Resource Manual at 3.
The United States Attorneys' concurrent enforcement responsibilities
under Title II are discussed in USAM
8-2.180.
[cited in
USAM 8-2.180]
8-2.240
Coordination and Review Section
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The Coordination and Review Section has two principal responsibilities.
First, the Section has staff responsibility for providing coordination and
leadership for the enforcement by all Executive agencies of laws that
prohibit discrimination on the basis of race, color, national origin, sex,
or religion by recipients of federal financial assistance. Recipients
include state and local governments (and agencies and departments thereof),
corporations, partnerships, and individuals. The coordination and leadership
authority derives from Executive Order 12250, 3 C.F.R. § 298.
(Staff responsibility for coordination and leadership regarding
discrimination on the basis of disability is provided by the Civil Rights
Division's Disability Rights Section.)
The principal nondiscrimination laws are: Title VI of the Civil Rights
Act of 1964, 42 U.S.C. § 2000d et seq., which prohibits
discrimination on the basis of race, color, or national origin; and Title IX
of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.,
which prohibits discrimination on the basis of sex in education programs and
activities. In addition, many program-specific statutes include their own
nondiscrimination provisions that apply to federal aid recipients. The text
of some of these laws is provided in theCivil
Rights Resource Manual at 4.
Secondly, pursuant to a Memorandum of Understanding with the
Department's Office of Justice Programs and the Criminal Division, the
Section investigates complaints alleging discrimination on the basis of
race, color, national origin, sex, or religion made against recipients of
financial assistance from the Department of Justice. These investigations
are undertaken under Title VI and Section 809(c) of the Omnibus Crime
Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d(c).
Funding recipients include state and local law enforcement agencies, state
departments of corrections, and courts. In carrying out this responsibility,
the Section works closely with the Civil Rights Division's Special
Litigation and Criminal sections, which have overlapping responsibilities
under statutes they enforce. The Section also coordinates its investigations
with the Department's fundgranting components, including the Office of
Justice Programs and the Office of Community Oriented Policing Services.
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