U.S. Commission on Civil Rights


Federal Efforts to Eradicate Employment Discrimination in State and Local Governments: An Assessment of the U.S. Department of Justice's Employment Litigation Section


Bibliography


U.S. Department of Justice Documents

U.S. Department of Justice, Civil Rights Division, Civil Rights Division Activities and Programs, 1998.

U.S. Department of Justice, Civil Rights Division, Financial Operations Staff, Fiscal Years 1991-2001 Congressional Budget Submissions.

U.S. Department of Justice, Office of the Attorney General, FY 2000 Performance Report and FY 2002 Performance Plan, April 2001.

U.S. Department of Justice, Justice Department Memo on Post-Adarand Affirmative Action Guidance, Feb. 29, 1996, reprinted in Bureau of National Affairs, Inc., Equal Employment Opportunity Commission Compliance Manual, p. N:2171.

Strategic Plan, 1997-2002, September 1997 (Revision 1 Oct. 20, 1997), accessed at <http://www. usdoj.gov/archive/mps/cover.htm> (updated Oct. 14, 1997).

Strategic Plan, Fiscal Years 2000-2005, Goal 3, accessed at <http://www.usdoj.gov/archive/mps/ strategic2000_2005>.

Employment Litigation Section Documents

U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, Complaints Filed as of April 6, 2001.

Decrees, Out of Court Settlements, etc. as of April 6, 2001.

ELS Monitor/Compliance, Interactive Case Management System data as of June 5, 2001.

ELS EEOC Active Referrals, Interactive Case Management System data as of June 7, 2001.

Frequently Asked Questions, accessed at <http://www.usdoj.gov/crt/emp/faq.html>. 

Investigating Matters and Developing Cases, training session outline, Mar. 11, 1997.

Significant Developments, January 1993 to Present, updated Apr. 9, 2001.

Speaking Engagements/Conferences/Outreach Efforts, 1995-2000, updated July 24, 2000.

Weekly Reports, 1998-2000.

The Work of the Employment Litigation Section, accessed at <http://www.usdoj.gov >.

Publications of Other Federal Agencies

U.S. Department of Commerce, Census Bureau, Statistical Abstract of the United States, October 1999, table 535, p. 338.

U.S. Department of Labor, Bureau of Labor Statistics, Table 1. Civilian Labor Force 16 and Older by Sex, Age, Race, and Hispanic Origin, 1978, 1988, 1998, and Projected 2008, accessed at <http://stats.bls. gov/emplt981.htm>.

U.S. Equal Employment Opportunity Commission, Job Patterns for Minorities and Women in State and Local Government, 1999, pp. vvi.

U.S. Equal Employment Opportunity Commission, National Enforcement Plan, February 1996.

U.S. Equal Employment Opportunity Commission, U.S. Civil Service Commission, U.S. Department of Labor, and U.S. Department of Justice, Uniform Guidelines on Employee Selection Procedures (1978), Federal Register, vol. 43, no. 166 (Aug. 25, 1978).

U.S. General Accounting Office, Civil Rights Division: Fiscal Year 2000 Annual Performance Plan Could Be Improved, memorandum to Charles T. Canady, chairman, Subcommittee on the Constitution, Committee on the Judiciary, House of Representatives, Mar. 30, 2000.

U.S. General Accounting Office, Civil Rights Division: Selection of Cases and Reasons Matters Were Closed, report to the chairman, Subcommittee on the Constitution, Committee on the Judiciary, House of Representatives, September 2000.

U.S. Commission on Civil Rights Reports

U.S. Commission on Civil Rights, The Federal Civil Rights Enforcement Effort, 1971.

The Federal Civil Rights Enforcement Effort 1977: To Eliminate Discrimination, A Sequel, December 1977.

Federal Enforcement of Equal Employment Requirements, clearinghouse publication 93 (July 1987).

Funding Federal Civil Rights Enforcement: 2000 and Beyond, February 2001.

Overcoming the Past, Focusing on the Future: An Assessment of the U.S. Equal Employment Opportunity Commission's Enforcement Efforts, September 2000.

Congressional Appropriations Documents

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies, Appropriations for 1980: Hearings before a Committee on Appropriations, House of Representatives, 96th Cong., 1st Sess. (1979).

Appropriations for 1982: Hearings before a Committee on Appropriations, House of Representatives, 97th Cong., 1st Sess. (1981).

Appropriations for 1984: Hearings before a Committee on Appropriations, House of Representatives, 98th Cong., 1st Sess. (1983).

Appropriations for 1985: Hearings before a Committee on Appropriations, House of Representatives, 98th Cong., 2d Sess. (1984).

Appropriations for 1986: Hearings before a Committee on Appropriations, House of Representatives, 99th Cong., 1st Sess. (1985).

Appropriations for 1987: Hearings before a Committee on Appropriations, House of Representatives, 99th Cong., 2d Sess. (1986).

Appropriations for 1988: Hearings before a Committee on Appropriations, House of Representatives, 100th Cong., 1st Sess. (1987).

Appropriations for 1989: Hearings before a Committee on Appropriations, House of Representatives, 100th Cong., 2d Sess. (1988).

Appropriations for 1992: Hearings before a Committee on Appropriations, House of Representatives, 102nd Cong., 1st Sess. (1991).

 Hearing Testimony

Lann Lee, Bill, assistant attorney general, Civil Rights Division, U.S. Department of Justice, statement before the Subcommittee on the Constitution, Committee on the Judiciary, U.S. House of Representatives, Oversight Hearing, July 12, 2000.

Correspondence

Baldwin, Katherine, chief, Employment Litigation Section, Civil Rights Division, U.S. Department of Justice, memorandum to Les Jin, staff director, U.S. Commission on Civil Rights, July 12, 2001 (re: Affected Agency Review Comments).

Butler, Dana Zerfas, audit liaison, Civil Rights Division, U.S. Department of Justice, memorandum to Linda Watson, evaluator in charge, General Government Division, U.S. General Accounting Office, Apr. 21, 1999 (re: Responses from Sections to Questions Regarding the Case Management System; Responses from Sections to Follow-up Questions).

Fenton, William, deputy chief, Employment Litigation Section, Civil Rights Division, U.S. Department of Justice, e-mail memorandum to Katherine Baldwin, section chief, June 22, 2001 (re: USCCR Request for Clarification).

Patrick, Deval L., assistant attorney general, Civil Rights Division, U.S. Department of Justice, memorandum to Civil Rights Division Staff, June 8, 1995 (re: Division Activities and Priorities).

Toler, Vivian B., program analyst, Employment Litigation Section, Civil Rights Division, U.S. Department of Justice, memorandum to Mireille L. Zieseniss, civil rights analyst, U.S. Commission on Civil Rights, May 17, 2001 (re: Data Inquiries).

e-mail memorandum to Mireille L. Zieseniss, civil rights analyst, U.S. Commission on Civil Rights, June 27, 2001 (re: USCCR Request for Clarification).

General Publications and Articles

Becker, Jo, History Still Colors Fire Agency: Montgomery Recruits More Minorities, But Leaders Are Largely White, The Washington Post, Apr. 23, 2001, pp. B1, B4.

Bureau of National Affairs, Inc., Supreme Court to Review Adarand Dispute for Third Time in 12-Year Contracting Case, Daily Labor Report, no. 59 (Mar. 27, 2001), p. AA-1.

Dvorak, Petula, Patrolling for Hispanic Recruits: Despite Outreach Efforts, Numbers on DC Force Show No Improvement, The Washington Post, May 30, 2001, pp. B1, B5.

Hurd, Sandra N., Courts Rule on Bias in Public Sector Testing, Employment Testing Law & Policy Reporter, November 1998, pp. 2 8.

Lindemann, Barbara and Paul Grossman, Employment Discrimination Law, 3d ed., vol. II (Washington, DC: Bureau of National Affairs, 1997).

Norton, Helen, Equal Employment Opportunity, chapter VIII in The Continuing Struggle: Civil Rights and the Clinton Administration (Washington, DC: Citizens Commission on Civil Rights, 1997).

Federal Statutes, Bills, and Executive Orders

Equal Employment Opportunity Act of 1972, Pub. L. No. 92-261, 42 U.S.C. 2000e(a), (f) (1994).

Executive Order No. 11,246, 41 C.F.R. 60-1.2 1.3, reprinted in 42 U.S.C. 2000e (1994).

Government Performance and Results Act of 1993, Pub. L. No. 103-62, 197 Stat. 285 (codified at 5 U.S.C. 306 (1994), 31 U.S.C. 1115 1119 (1994)).

Section 503 of the Rehabilitation Act of 1973, 29 U.S.C. 793.

Title VII of the Civil Rights Act of 1964, Pub. L. No. 88-352, 42 U.S.C. 2000e-2(a) (1994).

Court Cases

Adarand v. Mineta, 228 F.3d 1147 (10th Cir. 2000), cert. granted, 69 U.S.L.W. 3670 (U.S. Apr. 13, 2001) (No. 00-730).

Adarand v. Pena, 5l5 U.S. 200 (1995).

American Airlines, Inc. v. Herman, 176 F.3d 283 (5th Cir. 1999). Griggs v. Duke Power Co., 401 U.S. 424 (1971).

Carrabus v. Schneider, 119 F. Supp. 2d 221 (E.D.N.Y. 2000).

NationsBank v. Herman, 174 F.3d 424 (4th Cir. 1999), cert. denied, 120 S. Ct. 578 (1999).

Owen v. L Anse Area Schools, No. 2:00-CV-071 (W.D. Mich. filed Sept. 20, 2000).

United States v. Arkansas Dept of Correction, No. 5:00CV00395GH (E.D. Ark. filed Oct. 26, 2000).

United States v. City of Alma and Bacon County, Georgia, No. CV599-68, (S.D. Ga. filed June 15, 1999).

United States v. City of Belen, New Mexico, No. 99-404 (D.N.M. filed Apr. 8, 1999).

United States v. City of Dallas, No. 3-99-CV-2376 (N.D. Tex. filed Oct. 19, 1999).

United States v. City of Garland, No. 3-98CV0397 (N.D. Tex. filed Feb. 6, 1998).

United States v. City of Newark, No. 00-2368 (D.N.J. filed May 16, 2000).

United States v. City of Sulphur, No. 01-034-S (N.D. Okla. filed Jan. 18, 2001).

United States v. City of Winter Springs, Florida, No. 99-968CV (M.D. Fla. filed Aug. 4, 1999).

United States v. Columbus County, North Carolina, No. 99-CV-43-F(1) (E.D.N.C. filed Mar. 16, 1999).

United States v. Erie County, New York, No. 99-CV-217 (W.D.N.Y. filed Mar. 25, 1999).

United States v. Mecklenburg County, No. 9:99CV353 (W.D.N.C. filed Aug. 29, 1999).

United States v. Newton, No. 5:99CV189 (W.D.N.C. filed Dec. 8, 1999).

United States v. North Carolina Dept of Corrections, Nos. 98-1759/1805 (4th Cir. 1999).

United States v. North Little Rock School Dist., No. LR-C-99-113 (E.D. Ark. filed Feb. 18, 1999).

United States v. State of Delaware, No. 01-0020RRM (D. Del. filed Jan. 10, 2001).

United States v. Suffolk County, No. 83-CV-2737 (E.D.N.Y. filed Sept. 12, 1986).

Volvo GM Heavy Truck Corp. v. Dept of Labor, 118 F.3d 205 (4th Cir. 1997).


Interviews Conducted


Department of Justice

Kathy Anderson, supervisory civil rights analyst, Employment Litigation Section, Civil Rights Division.

Katherine Baldwin, chief, Employment Litigation Section, Civil Rights Division.

Meredith Burrell, trial attorney, Employment Litigation Section, Civil Rights Division.

William Fenton, deputy chief, Employment Litigation Section, Civil Rights Division.

John Gadzichowski, special litigation counsel, Employment Litigation Section, Civil Rights Division.

Claire Gregory, senior trial attorney, Employment Litigation Section, Civil Rights Division.

Richard Jerome, counsel to the assistant attorney general, Civil Rights Division.

Robert Libman, special litigation counsel, Employment Litigation Section, Civil Rights Division.

Marybeth Martin, deputy chief, Employment Litigation Section, Civil Rights Division.

Barbara Thawley, senior trial attorney, Employment Litigation Section, Civil Rights Division.

Marian Thompson, statistician, Employment Litigation Section, Civil Rights Division.

Vivian Toler, program analyst, Employment Litigation Section, Civil Rights Division.

Richard Ugelow, deputy chief, Employment Litigation Section, Civil Rights Division.

William Yeomans, acting assistant attorney general for civil rights.

External Agencies and Organizations

Katherine Bissell, regional attorney, New York District Office, and Susan Oxford, Office of General Counsel, U.S. Equal Employment Opportunity Commission.

Tammy Etem and John Yates, attorneys, Huch and Eppenberger, LLP.

Ronald Hampton, executive director, National Black Police Association.

John Hendrickson, regional attorney, Chicago District Office, and Susan Oxford, Office of General Counsel, U.S. Equal Employment Opportunity Commission.

Lynne Jaben-Bratcher, attorney, Bratcher and Gockel, LLP.

Richard T. Seymour, attorney, Lieff, Cabraser, Heiman, and Bernstein, LLP.

Richard Trujillo, assistant general counsel, Phoenix District Office, U.S. Equal Employment Opportunity Commission.


Organizations Contacted


Hispanic National Law Enforcement Association
P.O. Box 61
Cheltenham, MD 20623
(301) 877-6602

Lawyers Committee for Civil Rights Under Law
1401 New York Avenue, NW, Suite 400
Washington, DC 20005
(202) 662-8600

National Association of Counties
440 First Street, NW
Washington, DC 20001
(202) 393-6226

National Black Police Association
3251 Mt. Pleasant Street, NW, Second Floor
Washington, DC 20010
(202) 986-2070

National Lawyers Association
City Center Square
P.O. Box 26005
Kansas City, MO 64196

National Organization of Black Law Enforcement Executives
4609 Pinecrest Office Park Drive, Suite F
Alexandria, VA 22312
(703) 658-1529

National Women's Law Center
11 Dupont Circle NW, Suite 800
Washington, DC 20036
(202) 588-5180