DOJ SETTLES WITH CHILDREN'S CENTER OVER ALLEGED AMERICANS WITH DISABILITIES ACT VIOLATIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, April 17, 2013
Justice Department Settles with Apple Tree Children’s Center in Norwalk, Iowa

The Justice Department announced today that it reached a settlement with Apple Tree Children’s Center of Norwalk, Iowa, to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves allegations that Apple Tree Children’s Center failed to ensure that children with disabilities, including children with Down syndrome, have a full and equal opportunity to participate in and benefit from its private pre-school programs.

Under the settlement agreement, Apple Tree Children’s Center will pay $2,500 to the child’s parents and will make reasonable modifications in policies, practices and procedures to ensure that its programs and services are accessible to children with disabilities. Apple Tree will also provide training on its obligations under Title III of the ADA to all staff who participate in the admissions process, enrollment decisions and consideration of requests for reasonable modifications of any of its policies, practices or procedures. In addition, Apple Tree will designate a staff member as its ADA compliance officer to ensure its compliance with Title III of the ADA and to review proposed decisions to exclude children with disabilities from enrollment or proposed denials of any requested reasonable modifications.

"Children with disabilities, including those with Down syndrome, have the right to full and equal participation in pre-school educational programs. The department is committed to upholding civil rights for all people with disabilities," said Eve Hill, Senior Counselor to the Assistant Attorney General for the Civil Rights Division.

The ADA requires that public accommodations, including pre-school programs, provide children with disabilities, including those with Down syndrome, full and equal enjoyment of the public accommodation’s goods, services and facilities.

JUSTICE SETTLES DISCRIMINATION LAWSUIT INVOLVING FAMILIES WITH CHILDREN

FROM: U.S. JUSTICE DEPARTMENT
Wednesday, April 17, 2013

Justice Department Settles Lawsuit Against Owners and Managers of Rental Homes in Mississippi for Discriminating Against Families with Children

The Justice Department announced today that Marcus Manly Magee III, Ina Magee, and their company, M.M. and S. Inc., have agreed to pay $27,000 to settle a lawsuit involving violations of the Fair Housing Act. The lawsuit alleged that the defendants established and implemented an occupancy policy at 23 rental properties in Magee, Miss., that differentiated between the maximum number of adults and children who could reside in each home.

Under the consent order, which was approved today by the U.S. District Court for the Southern District of Mississippi, the defendants must pay $20,000 to a family that was harmed by defendants’ discriminatory practices and $7,000 to the United States as a civil penalty. In addition, the order prohibits the defendants from discriminating against families with children in the future, mandates a non-discriminatory occupancy policy of two persons per bedroom, and requires the defendants to receive training on the Fair Housing Act.

"The Fair Housing Act ensures that families cannot be denied housing based on policies that discriminate against children," said Eric Halperin, Special Counsel for Fair Lending in the Civil Rights Division. "The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children."

"This settlement ensures that prospective families seeking housing will be treated fairly under the law," said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi. "We will continue to work with the Civil Rights Division to protect the rights of Mississippi citizens through enforcement of the Fair Housing Act."

The lawsuit, filed in November 2011, arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department. The lawsuit alleged that the defendants violated the Fair Housing Act by refusing to rent a three-bedroom home to a woman with four children because she had "too many children" under the defendants’ occupancy policy. The suit also alleged that by setting a lower maximum number of children than adults who could reside in each home, the defendants engaged in a pattern or practice of discrimination or denied rights protected by the Fair Housing Act to a group of persons.

"Housing providers have an obligation to ensure that their occupancy standards do not violate a family’s housing rights," said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families because of the number of children in their family."

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability.

RAISING AWARENESS ABOUT BULLYING PREVENTION

FROM:  U.S. DEPARTMENT OF JUSTICE
An End to Bullying & Equal Opportunities for All Students
October 31st, 2012 Posted By Tracy Russo
The following post appears courtesy of the Civil Rights Division.

This October, in honor of National Bullying Prevention Month, communities across the country have come together to increase awareness about bullying prevention. The Department of Justice’s Civil Rights Division stands firmly behind these efforts, and will continue to make the most of our resources and authority to help stop bullying in schools. We will continue to work to ensure equal educational opportunity for all students.

Bullying is not a rite of passage; the impact of bullying extends far beyond the schoolhouse doors. Bullying can lead to violence, anxiety, depression and even suicide. School bullies become tomorrow’s hate crimes defendants, while victims of bullying are more likely to drop out of school, struggle in class, engage in illegal drug use or become involved in the criminal justice system. It is simply unacceptable, moreover, that any child should fear going to school because of harassment.

The Civil Rights Division is responsible for enforcing federal civil rights laws that protect young people who are targeted because of their race, national origin, religion, sex or disability. This includes students who are harassed because they do not conform to gender norms of how a boy or girl is "supposed to" act. We hold school systems accountable when they fail to take the proper steps to address harassment within their schools.

In response to incidents of harassment, the division investigates written complaints, helps to amend school policies and requires school districts to implement a host of other remedies, including providing training to teachers and administrators on how to better promote positive school climates and rid their schools of harassment. In the past few years, we have reached comprehensive and groundbreaking settlement agreements with numerous school districts across the country, including in Philadelphia, where Asian students were regularly harassed at a local high school, and in Mohawk County, N.Y., where a gay teen was physically and verbally abused for failing to conform to gender stereotypes.

We also reached an agreement with the school district in Anoka-Hennepin, Minn. The school district had failed to adequately address the harassment of students who did not conform to gender stereotypes in their schools. But students in Anoka-Hennepin were brave and spoke out. They brought the problems they were facing to the Civil Rights Division, and we worked with the school district to reach a blueprint for sustainable reform that we hope will be a model for schools across the nation.

In 2010, Attorney General Eric Holder launched the Defending Childhood Initiative to address the problem of children’s exposure to violence and to promote evidence-based practices. As part of the Defending Childhood Initiative, the department provided grants to eight jurisdictions to develop strategic plans for comprehensive community-based anti-violence efforts, including anti-bullying programs. In Boston, Mass., for example, we are supporting the implementation of state-wide bullying intervention and prevention legislation.

The Obama Administration has made clear that bullying prevention is an issue of national priority. Last year, the White House organized a summit on bullying and harassment in schools. Recently, the White House also announced its support for both the Student Non-Discrimination Act and the Safe Schools Improvement Act. These bills would help ensure that school environments are free from discrimination, bullying, and harassment.

Ending bullying is a common mission rooted in common experience. Many of us can recall being bullied during childhood, or have seen the effects of bullying on loved ones. National Bullying Prevention Month is a reminder that bullying in schools remains a serious and unacceptable problem. The Justice Department will continue to vigorously enforce the nation’s civil rights laws to support the common goal to end bullying and harassment. The work of our Civil Rights Division, as well as of our nationwide partners on this issue, is absolutely crucial to protect the safety and wellbeing of our students.