The Leadership Conference on Civil and Human Rights

Impact
The vitality and effectiveness of our nation's civil rights laws depends upon the commitment and strength of the federal agencies charged with their enforcement. The various federal civil rights agencies investigate and redress instances of discrimination, and provide guidance to individuals and businesses about their rights and responsibilities under the law. Because the degree of faith that Americans have in the value of these laws is in large part a reflection of how well these agencies do their jobs, ensuring their adequate funding is essential.

 

However, funding for civil rights enforcement in real dollars has declined steadily for years. All of these agencies suffer from funding shortfalls that undermine their mission.

 

Indeed, a recent study by the United States Commission on Civil Rights, "Funding Federal Civil Rights Enforcement: 2000 and Beyond," found that overall funding and full-time equivalent staffing at six federal civil rights enforcement agencies had declined 10 percent since 1995. The Commission determined that these shortfalls have resulted in "fewer compliance reviews conducted, abbreviated investigations, less policy development and less defense of civil rights laws in court." It concluded that "[u]ntil the President and Congress remedy this situation, millions of individuals will be deprived of adequate means to seek justice and equal opportunity."

 

Background:

• The Department of Justice's Civil Rights Division (DOJ/CRD) is the lead federal civil rights enforcement agency, combating discrimination based on race, color, religion, disability, national origin, and gender in employment, voting, housing, education, public accommodations and other activities. It also has primary responsibility for enforcing federal hate crime and police misconduct laws.
• The Equal Employment Opportunity Commission (EEOC) is charged with enforcing laws prohibiting job discrimination on the basis of race, sex, national origin, religion, age, and disability. In recent years, it has launched a major effort to reduce the backlog of complaints filed against private employers, which require an initial agency review before a claim can be filed in court. Although the EEOC has made strides in reducing the backlog, additional work is necessary to complete these improvements.
• The Department of Health and Human Services' Office of Civil Rights (HHS/OCR) works to prevent discrimination by recipients of federal funds for the provision of health and social services. Such grantees include hospitals and nursing homes, as well as public and private social service agencies. Increased funding for HHS/OCR is especially important in light of the growth and increased complexity of the American health care system in recent decades. HHS/OCR also has an important role in ensuring that states fully comply with the U.S. Supreme Court's 1999 decision in Olmstead v. L. C., which prohibits unjustified institutionalization of people with disabilities in state programs.
• The Department of Education's Office of Civil Rights (ED/OCR) is responsible for enforcing civil rights compliance by institutions receiving federal education funds. Its jurisdiction extends to virtually every primary school, secondary school, and college in the country.
• The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246, which prohibits employment discrimination by federal contractors and requires federal contractors to take affirmative steps to ensure equal opportunity in their workforces. Vigorous enforcement of all aspects of the Executive Order program, and thus adequate funding for OFCCP, are critical to ensuring the success of this key program.
• The Department of Housing and Urban Development's Fair Housing Programs provides critical funding for private, non-profit fair housing organizations located throughout the United States.
• The Legal Services Corporation is responsible for providing low-income Americans with access to legal services.
• The Department of Agriculture's Civil Rights Programs are designed to reverse the long history of discrimination at that Department, in particular that experienced by black farmers who were unfairly denied financial assistance provided to white farmers.
• The Department of Transportation plays an important role in enforcing the ADA, the Air Carrier Access Act, and other laws protecting the civil rights of travelers.
• The U.S. Commission on Civil Rights performs a critically important oversight role of the nation's civil rights laws and policies.