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Student Non-Discrimination Act (SNDA): A Legal Analysis [June 20, 2013]
"Introduced in both the 111th and 112th Congress and again in the 113th (H.R. 1652/S. 1088), the Student Non-Discrimination Act (SNDA) would prohibit discrimination on the basis of actual or perceived sexual orientation or gender identity in public elementary and secondary schools. The stated purpose of the legislation is to ensure that students are free from discriminatory conduct such as harassment, bullying, intimidation, and violence. SNDA appears to be patterned on Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities, although SNDA does differ from Title IX in several important respects."
Library of Congress. Congressional Research Service
Feder, Jody
2013-06-20
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Student Non-Discrimination Act (SNDA): A Legal Analysis [May 9, 2013]
"Introduced in both the 111th and 112th Congress and again in the 113th (H.R. 1652), the Student Non-Discrimination Act (SNDA) would prohibit discrimination on the basis of actual or perceived sexual orientation or gender identity in public elementary and secondary schools. The stated purpose of the legislation is to ensure that students are free from discriminatory conduct such as harassment, bullying, intimidation, and violence. SNDA appears to be patterned on Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities, although SNDA does differ from Title IX in several important respects. This report begins by discussing current laws that prohibit discrimination in education, and continues with an analysis of the specific provisions contained in SNDA, including provisions relating to coverage, prohibited acts, and enforcement and remedies under the proposed legislation."
Library of Congress. Congressional Research Service
Feder, Jody
2013-05-09
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Student Non-Discrimination Act (SNDA): A Legal Analysis [August 9, 2012]
"Introduced in the 111th Congress and again in the 112th (H.R. 998/S. [Senate bill] 555), the Student Non- Discrimination Act (SNDA) would prohibit discrimination on the basis of actual or perceived sexual orientation or gender identity in public elementary and secondary schools. The stated purpose of the legislation is to ensure that students are free from discriminatory conduct such as harassment, bullying, intimidation, and violence. SNDA appears to be patterned on Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities, although SNDA does differ from Title IX in several important respects."
Library of Congress. Congressional Research Service
Feder, Jody
2012-08-09
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Military Recruitment Provisions Under the No Child Left Behind Act: A Legal Analysis [January 12, 2007]
"Under the No Child Left Behind Act (NCLBA) of 2001, which amended the Elementary and Secondary Education Act (ESEA), high schools that receive federal funds must provide certain student contact information to military recruiters upon request and must allow recruiters to have the same access to students as employers and colleges. Because the 110th Congress is likely to consider reauthorization of the ESEA, Congress may contemplate changes to the military recruitment provisions, either as part of reauthorization or as stand-alone legislation similar to proposals in previous legislative sessions. This report describes the NCLBA military recruitment provisions and discusses the legal issues that they may raise."
Library of Congress. Congressional Research Service
Feder, Jody
2007-01-12
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Military Recruitment Provisions Under the No Child Left Behind Act: A Legal Analysis [January 8, 2008]
"Under the No Child Left Behind Act (NCLBA) of 2001, which amended the Elementary and Secondary Education Act (ESEA), high schools that receive federal funds must provide certain student contact information to military recruiters upon request and must allow recruiters to have the same access to students as employers and colleges. Because the 110th Congress is likely to consider reauthorization of the ESEA, legislators may contemplate changes to the military recruitment provisions, either as part of the reauthorization or as stand-alone legislation. Currently, two bills, H.R. 1346 and S. 1908, have been introduced in the 110th Congress. This report describes the NCLBA military recruitment provisions and discusses the legal issues that they may raise."
Library of Congress. Congressional Research Service
Feder, Jody
2008-01-08
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Military Recruitment Provisions Under the No Child Left Behind Act: A Legal Analysis [June 1, 2007]
"Under the No Child Left Behind Act (NCLBA) of 2001, which amended the Elementary and Secondary Education Act (ESEA), high schools that receive federal funds must provide certain student contact information to military recruiters upon request and must allow recruiters to have the same access to students as employers and colleges. Because the 110th Congress is likely to consider reauthorization of the ESEA, legislators may contemplate changes to the military recruitment provisions, either as part of the reauthorization or as stand-alone legislation. Currently, one bill, H.R. 1346, has been introduced in the 110th Congress. This report describes the NCLBA military recruitment provisions and discusses the legal issues that they may raise."
Library of Congress. Congressional Research Service
Feder, Jody
2007-06-01
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Military Recruitment Provisions Under the No Child Left Behind Act: A Legal Analysis [January 6, 2006]
"Under the No Child Left Behind Act (NCLBA) of 2001, high schools that receive federal funds must provide certain student contact information to military recruiters upon request and must allow recruiters to have the same access to students as employers and colleges. However, at least one bill (H.R. 551) introduced in the 109th Congress would amend these requirements. This report describes these new requirements and discusses the legal issues that they may raise."
Library of Congress. Congressional Research Service
Feder, Jody
2006-01-06
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'Don't Ask, Don't Tell': A Legal Analysis [November 2, 2010]
"In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised '[p]olicy concerning homosexuality in the armed forces.' The new legislation reflected a compromise regarding the U.S. military's policy toward members of the Armed Forces who engage in homosexual conduct. This compromise, colloquially referred to as 'Don't Ask, Don't Tell (DADT),' holds that '[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability.' Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT; for a policy analysis, see CRS [Congressional Research Service] Report R40782, ''Don't Ask, Don't Tell': Military Policy and the Law on Same-Sex Behavior', by David F. Burrelli."
Library of Congress. Congressional Research Service
Feder, Jody
2010-11-02
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'Don't Ask, Don't Tell': A Legal Analysis [September 2, 2009]
"In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised '[p]olicy concerning homosexuality in the armed forces.' The new legislation reflected a compromise regarding the U.S. military's policy toward members of the armed forces who engage in homosexual conduct. This compromise, colloquially referred to as 'Don't Ask, Don't Tell (DADT),' holds that '[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability.' Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. […] Constitutional challenges to the former and current military policies regarding homosexual conduct followed in the wake of the new 1993 laws and regulations. Based on the U.S. Supreme Court ruling in Bowers v. Hardwick that there is no fundamental right to engage in consensual homosexual sodomy, the courts have uniformly held that the military may discharge a service member for overt homosexual conduct. However, the legal picture was complicated by the Court's 2003 decision in Lawrence v. Texas which overruled Bowers by declaring unconstitutional a Texas law that prohibited sexual acts between same-sex couples. In addition, unsettled legal questions remain as to whether a discharge based solely on a statement that a service member is gay transgresses constitutional limits."
Library of Congress. Congressional Research Service
Feder, Jody
2009-09-02
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Family Educational Rights and Privacy Act (FERPA): A Legal Overview [May 1, 2013]
"The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, was designed to address parents' growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children. No substantial legislative changes have been made to FERPA since 2001, but in 2011, the Department of Education (ED) issued controversial new regulations that, among other things, permit educational agencies and institutions to disclose personally identifiable information to third parties for purposes of conducting audits or evaluations of federal- or state-supported education programs or enforcing compliance with federal requirements related to such programs."
Library of Congress. Congressional Research Service
Feder, Jody
2013-05-01
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'Don't Ask, Don't Tell': A Legal Analysis
"In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised '[p]olicy concerning homosexuality in the armed forces.' The new legislation reflected a compromise regarding the U.S. military's policy toward members of the Armed Forces who engage in homosexual conduct. This compromise, colloquially referred to as 'Don't Ask, Don't Tell (DADT),' held that '[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability.' Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious, and Congress ultimately passed legislation to repeal DADT. As described in greater detail below, this repeal became effective on September 20, 2011. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT."
Library of Congress. Congressional Research Service
Feder, Jody
2013-08-06
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Common Core State Standards: Frequently Asked Questions [September 15, 2014]
"Over the last two decades, there has been interest in developing federal policies that focus on student outcomes in elementary and secondary education. Perhaps most prominently, the enactment of the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110), which amended and reauthorized the Elementary and Secondary Education Act (ESEA), marked a dramatic expansion of the federal government's role in supporting standards-based instruction and test-based accountability, thereby increasing the federal government's involvement in decisions that directly affect teaching and learning. […] Since the ESEA was last comprehensively reauthorized by NCLB, recent developments have taken place that have possibly played a role in the selection of reading and mathematics standards by states: (1) the development and release of the Common Core State Standards; (2) the Race to the Top (RTT) State Grant competition and RTT Assessment Grants competition; and (3) the ESEA flexibility package provided by the Department of Education (ED) to states with approved applications. As of June 2014, 43 states, the District of Columbia, 4 outlying areas, and the Department of Defense Education Activity (DoDEA) had at some point adopted the Common Core State Standards. Indiana, Oklahoma, and South Carolina recently became the first states to adopt and subsequently discontinue use of the Common Core State Standards. These three changes have substantially changed the elementary and secondary education federal policy landscape. This short report answers common questions related to K-12 accountability provisions under the ESEA, Common Core State Standards, RTT, and the ESEA flexibility package."
Library of Congress. Congressional Research Service
Skinner, Rebecca; Feder, Jody
2014-09-15
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Sexual Violence at Institutions of Higher Education [October 23, 2014]
"Campus sexual violence is widely acknowledged to be a problem. However, reported data on the extent of sexual violence at IHEs [institutions of higher education] varies considerably across studies for a variety of methodological and other reasons. Victims of sexual violence may suffer from a range of physical and mental health conditions including injuries, pregnancy, sexually transmitted diseases, post-traumatic stress disorder, depression, suicidality, and substance abuse. College students who are the victims of sexual violence may experience a decline in academic performance, and they may drop out, leave school, or transfer. Currently, there are two federal laws that address sexual violence on college campuses: the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act, P.L. 101-542) and Title IX of the Education Amendments of 1972 (Title IX, P.L. 92-318). These two statutes differ in significant respects, including in their purpose, coverage, enforcement, and remedies. The Clery Act requires all public and private IHEs that participate in the student financial assistance programs under Title IV of the Higher Education Act (HEA, P.L. 89-329) of 1965 to track crimes in and around their campuses and to report these data to their campus community and to the Department of Education (ED). […] Title IX is a civil rights law that prohibits discrimination on the basis of sex under any education program or activity that receives federal funding. Under Title IX, sexual harassment, which includes sexual violence, is a form of unlawful sex discrimination."
Library of Congress. Congressional Research Service
McCallion, Gail; Feder, Jody
2014-10-23
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Common Core State Standards and Assessments: Background and Issues [September 2, 2014]
"Since the ESEA [Elementary and Secondary Education Act] was last comprehensively reauthorized by NCLB [No Child Left Behind Act of 2001], three major changes have taken place that have possibly played a role in the selection of reading and mathematics standards by states: (1) the development and release of the Common Core State Standards; (2) the Race to the Top (RTT) State Grant competition and RTT Assessment Grants competition; and (3) the ESEA flexibility package provided by ED to states with approved applications. [...] This report examines each of the aforementioned changes and discusses how they are interrelated. [...] This report also examines prohibitions in the ESEA and the General Education Provisions Act related to standards, assessments, and curriculum. Additionally, it includes a brief discussion of the relationship between teacher and school leader evaluation systems that are being developed by states and the Common Core State Standards. Finally, the report examines issues that have arisen in relation to the Common Core State Standards, including the following: (1) whether states were incentivized by the Administration to adopt and implement the Common Core State Standards; (2) whether state adoption and implementation of the Common Core State Standards could result in a national assessment and national standards; (3) whether state adoption and implementation of the Common Core State Standards could lead to the development of a national curriculum; (4) possible issues that may need to be addressed if a state chooses to discontinue its use of the Common Core State Standards; (5) possible issues related to teacher evaluation and the Common Core State Standards; (6) possible technology issues related to implementation of the Common Core State Standards; and (7) possible issues related to the long-term maintenance of the Common Core State Standards."
Library of Congress. Congressional Research Service
Feder, Jody; Skinner, Rebecca
2014-09-02
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Student Bullying: Overview of Research, Federal Initiatives, and Legal Issues [October 18, 2013]
"Many Members of Congress have become increasingly concerned about what can be done to address student bullying. This concern has arisen in response to high-profile bullying incidents that have occurred in recent years, and due to a growing body of research on the negative consequences of school bullying. Congress is interested in ensuring that schools are safe, secure places for students, so that they can receive the full benefits of their education. Several bills that address school bullying have already been introduced in the 113th Congress, although none has been enacted as of the date of this report. Some of the research on anti-bullying programs has found mixed success, particularly in the United States. However, a meta-analysis of 44 evaluations identified particular characteristics of school-based bullying programs that may help reduce bullying. This study found the intensity and duration of a program, as well as the number of program elements, to be linked with effectiveness. Other factors found to be important to effectiveness were parent training, parent meetings, firm disciplinary methods, classroom rules, classroom management, and improved playground supervision. Currently, there is no federal statute that explicitly prohibits student bullying or cyber-bullying. Under some circumstances, however, bullying may be prohibited by certain federal civil rights laws. In addition, bullying may, in some instances, constitute a violation of state criminal or tort law."
Library of Congress. Congressional Research Service
McCallion, Gail; Feder, Jody
2013-10-18
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Banning the Use of Racial Preferences in Higher Education: A Legal Analysis of 'Schuette v. Coalition to Defend Affirmative Action' [September 3, 2013]
"In the more than three decades since the Supreme Court's ruling in 'Regents of the University of California v. Bakke' affirmed the constitutionality of affirmative action in public colleges and universities, many institutions of higher education have implemented race-conscious admissions programs in order to achieve a racially and ethnically diverse student body or faculty. Nevertheless, the pursuit of diversity in higher education remains controversial, and legal challenges to such admissions programs routinely continue to occur. Currently, the Court is poised to consider a novel question involving affirmative action in higher education during its upcoming 2013-2014 term. Unlike earlier rulings, in which the Court considered whether it is constitutional for a state to use racial preferences in higher education, the new case, 'Schuette v. Coalition to Defend Affirmative Action', raises the question of whether it is constitutional for a state to ban such preferences in higher education. 'Schuette' arose in the wake of a pair of cases involving admissions to the University of Michigan's law school and undergraduate programs. Although the Court struck down the undergraduate admissions program, it upheld the law school's program in a decision that affirmed the constitutionality of the limited use of race-conscious admissions programs in public higher education. In the wake of the University of Michigan cases, opponents of affirmative action in Michigan successfully lobbied for the passage of Proposal 2, which amended the Michigan state constitution to prohibit preferential treatment on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting. Opponents of Proposal 2 sued, and a federal appeals court ruled that Proposal 2's ban on racial preferences in public education violates the equal protection clause of the United States Constitution. This decision was subsequently upheld in a divided ruling by the full court of appeals, sitting en banc, and the Supreme Court will review the case during the upcoming term."
Library of Congress. Congressional Research Service
Feder, Jody
2013-09-03
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Pay Equity: Legislative and Legal Developments [November 22, 2013]
"The term 'pay gap' refers to the difference in earnings between male and female workers. While the pay gap has narrowed since the 1960s, female workers with a strong attachment to the labor force earn about 77 to 81 cents for every dollar earned by similar male workers. Studies have analyzed the earnings and characteristics of male and female workers and found that a substantial portion of the pay gap is attributable to non-gender factors such as occupation and employment tenure. Some interpret these studies as evidence that discrimination, if present at all, is a minor factor in the pay gap and conclude that no policy changes are necessary. Conversely, advocates for further policy interventions note that some of the explanatory factors of the pay gap (such as occupation and hours worked) could be the result of discrimination and that no broadly accepted methodology is able to attribute the entirety of the pay gap to non-gender factors."
Library of Congress. Congressional Research Service
Collins, Benjamin; Feder, Jody
2013-11-22
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Family Educational Rights and Privacy Act (FERPA): A Legal Overview [November 19, 2013]
"The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, was designed to address parents' growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children. No substantial legislative changes have been made to FERPA since 2001, but in 2011, the Department of Education (ED) issued controversial new regulations that, among other things, permit educational agencies and institutions to disclose personally identifiable information to third parties for purposes of conducting audits or evaluations of federal- or state-supported education programs. These regulations are discussed below, as is a recently dismissed lawsuit challenging ED's new rules."
Library of Congress. Congressional Research Service
Feder, Jody
2013-11-19
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Genetic Information Nondiscriminatation Act of 2008 [August 6, 2015]
"On May 21, 2008, the Genetic Information Nondiscrimination Act of 2008 (GINA), referred to by its sponsors as the first civil rights act of the 21st century, was enacted. GINA, P.L. 110-233, prohibits discrimination based on genetic information by health insurers and employers. The sequencing of the human genome and subsequent advances raise hope for genetic therapies to cure disease, but this scientific accomplishment is not without potential problems. An employer or health insurer could decide to take adverse action based on a genetic predisposition to disease, and situations have arisen where discriminatory action based on genetic information did occur. In addition, there is evidence that the fear of genetic discrimination has an adverse effect on those seeking genetic testing, as well as on participation in genetic research. GINA was enacted to remedy this situation. GINA is divided into two main parts: Title I, which prohibits discrimination based on genetic information by health insurers; and Title II, which prohibits discrimination in employment based on genetic information. Title I of GINA amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHSA), and the Internal Revenue Code (IRC), through the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Social Security Act, to prohibit health insurers from engaging in genetic discrimination. Title II of GINA prohibits discrimination in employment because of genetic information and, with certain exceptions, prohibits an employer from requesting, requiring, or purchasing genetic information. […] This report provides background on genetic information, legal implications regarding the use of this information, and relevant laws. It also discusses the statutory provisions of GINA and the regulations regarding both health insurance and employment."
Library of Congress. Congressional Research Service
Sarata, Amanda K.; Feder, Jody
2015-08-06
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Federal Affirmative Action Law: A Brief History [October 19, 2015]
From the Summary: "Affirmative action remains a subject of public debate as the result of legal and political developments at the federal, state, and local levels. Over the years, federal courts have reviewed minority admissions programs to state universities; scrutinized the constitutional status of racial diversity policies in public elementary and secondary schools; ruled on minority preferences in public and private employment as a remedy for violation of civil and constitutional rights; and considered federal, state, and local efforts to increase minority participation as contractors and subcontractors on publicly financed construction projects. This report provides a brief history of federal affirmative action law."
Library of Congress. Congressional Research Service
Feder, Jody
2015-10-19
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Sex Discrimination and the United States Supreme Court: Developments in the Law [December 30, 2015]
"In its sex discrimination decisions, the United States Supreme Court not only has defined the applicability of the equal protection guarantees of the Constitution and the nondiscriminatory policies of federal statutes, but also has rejected the use of gender stereotypes and has continued to recognize the discriminatory effect of gender hostility in the workplace and in schools. This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972. Although this report focuses on recent legal developments in each of these areas, this report also provides historical context by discussing selected landmark sex discrimination cases. […] During the 2015 term, the Court issued a ruling in a high-profile case involving a claim of pregnancy discrimination in employment. In 'Young v. United Parcel Service', an employee challenged her employer's refusal to grant her a light-duty work assignment while she was pregnant, claiming that the employer's actions violated the Pregnancy Discrimination Act (PDA), a federal law that prohibits pregnancy discrimination in employment. In a highly anticipated ruling, the Justices fashioned a new test for determining when an employer's refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the Court sent the case back to the lower court for reconsideration in light of these new standards."
Library of Congress. Congressional Research Service
Feder, Jody
2015-12-30
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Pay Equity: Legislative and Legal Developments [May 20, 2016]
"The persistence of gender-based wage disparities--commonly referred to as the pay or wage gap--has been the subject of extensive debate and commentary. Congress first addressed the issue more than four decades ago in the Equal Pay Act of 1963, mandating an 'equal pay for equal work' standard, and addressed it again the following year in Title VII of the Civil Rights Act of 1964. Collection of compensation data and elimination of male/female pay disparities are also integral to Department of Labor enforcement of Executive Order 11246 (initially issued by President Lyndon Johnson), which mandates nondiscrimination and affirmative action by federal contractors. During the last several decades, initiatives to strengthen and expand current federal remedies available to victims of unlawful sex-based wage discrimination have been taken up in Congress. This report begins by presenting data on earnings for male and female workers and by discussing explanations that have been offered for the differences in earnings. It next discusses the major laws directed at eliminating sex-based wage discrimination as well as relevant federal court cases. The report closes with a description of pay equity legislation that has been considered or enacted by Congress in recent years."
Library of Congress. Congressional Research Service
Collins, Benjamin; Feder, Jody
2016-05-20
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Sexual Violence at Institutions of Higher Education [April 15, 2016]
"In recent years, a number of high-profile incidents of sexual violence at institutions of higher education (IHEs) have heightened congressional and administration scrutiny of the policies and procedures that IHEs use to address sexual violence on campus. Among other things, concerns have been expressed about standards of evidence used in institutional proceedings that occur in response to a report of sexual violence on campus, the sufficiency of current legal remedies, and Department of Education (ED) guidance to IHEs.
Further, although sexual violence on campus is a widely acknowledged problem, its prevalence can be challenging to establish. Published estimates of the scope and scale of sexual violence at IHEs vary considerably across studies and data sources. Efforts to improve these data are an ongoing focus of federal policy."
Library of Congress. Congressional Research Service
Gonzalez, Heather B.; Feder, Jody
2016-04-15
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Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA) [June 8, 2012]
"Introduced in various incarnations in every congressional session since the 103rd Congress, the proposed Employment Non-Discrimination Act (ENDA; H.R. 1397/S. 811) would prohibit discrimination based on an individual's actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment. The stated purpose of the legislation is 'to address the history and widespread pattern of discrimination on the basis of sexual orientation or gender identity by private sector employers and local, State, and Federal Government employers,' as well as to provide effective remedies for such discrimination. Patterned on Title VII of the Civil Rights Act of 1964, the act would be enforced by the Equal Employment Opportunity Commission (EEOC)."
Library of Congress. Congressional Research Service
Feder, Jody; Brougher, Cynthia M.
2012-06-08
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Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA) [July 15, 2013]
"Introduced in various incarnations in every congressional session since the 103rd Congress, the proposed Employment Non-Discrimination Act (ENDA; H.R. 1755/S. 815) would prohibit discrimination based on an individual's actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment. The stated purpose of the legislation is 'to address the history and persistent, widespread pattern of discrimination, including unconstitutional discrimination, on the basis of sexual orientation and gender identity by private sector employers and local, State, and Federal Government employers,' as well as to provide effective remedies for such discrimination. Patterned on Title VII of the Civil Rights Act of 1964, the act would be enforced by the Equal Employment Opportunity Commission (EEOC)."
Library of Congress. Congressional Research Service
Feder, Jody; Brougher, Cynthia M.
2013-07-15
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Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA) [May 3, 2013]
"Introduced in various incarnations in every congressional session since the 103rd Congress, the proposed Employment Non-Discrimination Act (ENDA; H.R. 1755/S. [Senate bill] 815) would prohibit discrimination based on an individual's actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment. The stated purpose of the legislation is 'to address the history and persistent, widespread pattern of discrimination, including unconstitutional discrimination, on the basis of sexual orientation and gender identity by private sector employers and local, State, and Federal Government employers,' as well as to provide effective remedies for such discrimination. Patterned on Title VII of the Civil Rights Act of 1964, the act would be enforced by the Equal Employment Opportunity Commission (EEOC)."
Library of Congress. Congressional Research Service
Feder, Jody; Brougher, Cynthia M.
2013-05-03
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Use of Seclusion and Restraint in Public Schools: The Legal Issues [October 14, 2010]
"Seclusion and restraint have been used in various situations to deal with violent or noncompliant behavior. Because of congressional interest in the use of seclusion and restraint in schools, including passage of H.R. 4247 and the introduction of S. 2860, 111th Congress, first session, this report focuses on the legal issues concerning the use of these techniques in schools, including their application both to children covered by the Individuals with Disabilities Education Act (IDEA) and to those not covered by IDEA. Several reports have documented instances of deaths and injuries resulting from the use of seclusion or restraints in schools but, until the Department of Education (ED) issued reporting requirements in March 2010, there was no general reporting requirement. On May 19, 2009, in conjunction with a hearing by the House Education and Labor Committee, the Government Accountability Office (GAO) released a study examining the use of seclusion and restraint in the education setting, finding hundreds of cases of alleged abuse and death due to the use of seclusion and restraint. On July 31, 2009, the Secretary of Education sent letters to Chief State School Officers noting the problems identified by the GAO report and in the May 19 congressional hearing, encouraging each state to review its current policies, and stating that the Chief State School Officers would be contacted by ED by August 15, 2009, to discuss relevant state laws, regulations, policies, and guidance. The results of these discussions are posted on ED's website."
Library of Congress. Congressional Research Service
Jones, Nancy Lee; Feder, Jody
2010-10-14
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CRS Issue Statement on Civil Rights and Discrimination [January 14, 2010]
This issue statement discusses civil rights in the United States. From the text: "Under federal law, an array of civil rights statutes, as well as several constitutional provisions, are available to protect individuals from discrimination. Notably, the types of discrimination that these laws prohibit and the circumstances under which they operate vary considerably. Whether to amend these statutes and how to respond to constitutional developments in this area are two important questions that will confront the second session of the 111th Congress as it considers whether it wishes to expand or contract the civil rights of protected individuals."
Library of Congress. Congressional Research Service
Feder, Jody
2010-01-14
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State and Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues and Recent Judicial Developments [December 20, 2010]
"An estimated 37 million foreign-born persons currently reside in the United States, almost a third of whom may be present without legal authorization. The reaction of state and local jurisdictions to unauthorized immigration has varied. In some cases, states and localities have adopted measures intended to deter unlawfully present aliens from arriving and settling within their jurisdictions, including by restricting such aliens' access to work, housing, and benefits. Typically, such measures have sought to (1) limit the hiring and employment of unauthorized aliens, including through the denial of permits to persons that employ unauthorized aliens and the regulation of day labor centers; (2) restrict the ability of unlawfully present aliens to rent or occupy dwellings within the state or locality; and/or (3) deny unlawfully present aliens access to state or local services or benefits."
Library of Congress. Congressional Research Service
Feder, Jody; Smith, Alison M., 1962-; Manuel, Kate
2010-12-20
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'Don't Ask, Don't Tell': A Legal Analysis [August 30, 2011]
"In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised '[p]olicy concerning homosexuality in the armed forces.' The legislation reflected a compromise regarding the U.S. military's policy toward members of the Armed Forces who engage in homosexual conduct. This compromise, colloquially referred to as 'Don't Ask, Don't Tell (DADT),' holds that '[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability.' Service members are not to be asked about, nor allowed to discuss, their sexual orientation. […] Likewise, in 'Witt v. United States Department of the Air Force', another federal district court held that DADT was unconstitutional as applied to a service member who had been discharged for homosexual conduct and ruled that the service member should be reinstated. Although the 'Log Cabin Republicans' lawsuit is currently on appeal, the case is likely to be dismissed as moot at some point in the near future, given that repeal of DADT is imminent. Pending repeal on September 20, 2011, DADT remains in effect, but the government is enjoined from investigating, penalizing, or discharging anyone under the policy. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT; for a policy analysis, see CRS [Congressional Research Service] Report R40782, ''Don't Ask, Don't Tell': Military Policy and the Law on Same-Sex Behavior', by David F. Burrelli."
Library of Congress. Congressional Research Service
Feder, Jody
2011-08-30
