Laws for Challenging Racial Discrimination and Its Effects

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Laws for Challenging Racial Discrimination and Its Effects General U.S. CONST. AMEND. V, Due Process Clause U.S. CONST. AMEND. XIII (eradicating slavery and its badges and incidents) U.S. CONST. AMEND. XIV, Equal Protection Clause Title VI, Civil Rights Act of 1964, 42 U.S.C. 2000d (2001) (federally funded programs) Civil Rights Act of 1866, 42 U.S.C. 1981 (2001) (contracts) 42 U.S.C. 1982 (2001) (property) 42 U.S.C. 1983 (2001) (equal protection, under color of state law) 42 U.S.C. 1985 (2001) (conspiracy to violate civil rights) 42 U.S.C. 1986 (2001) (failure to prevent Section 1985 violation) CIVIL RIGHTS DIV., U.S. DEP T OF JUSTICE, TITLE VI LEGAL MANUAL (1998), available at www.usdoj.gov/crt/cor/coord/vimanual.htm CIVIL RIGHTS DIV., U.S. DEP T OF JUSTICE, INVESTIGATION PROCEDURES MANUAL FOR THE INVESTIGATION AND RESOLUTION OF COMPLAINTS ALLEGING VIOLATIONS OF TITLE VI AND OTHER NONDISCRIMINATION STATUTES (1998), available at www.usdoj.gov/crt/cor/coord/invmanual.htm Consumer Equal Credit Opportunity Act, 15 U.S.C. 1691 (2001) Truth-in-Lending Act, 15 U.S.C. 1601 1615 (2001) Real Estate Settlement Procedures Act, 12 U.S.C. 2601 2617 (2001) Home Ownership and Equity Protection Act, 15 U.S.C. 1639 (2001) Racketeer-Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 1968 (2001) Fair Housing Act, 42 U.S.C. 3605(b)(1)(A), (B) (2001) (credit transactions for real residential estate purchase or repair, or credit secured by residential real estate) Fair Debt Collection Practices Act, 15 U.S.C. 1692 (2001) 12 C.F.R. pt. 202 (2002) (Federal Reserve Board Equal Credit Opportunity regulations) JULY AUGUST 2002 JOURNAL OF POVERTY LAW AND POLICY 275

NAT L CONSUMER LAW CTR., STOP PREDATORY LENDING: A GUIDE FOR LEGAL ADVOCATES (2002) NAT L CONSUMER LAW CTR., THE COST OF CREDIT (2d ed. 2000 & Supp.) NAT L CONSUMER LAW CTR., CREDIT DISCRIMINATION (2d ed. 1998 & Supp.) NAT L CONSUMER LAW CTR., UNFAIR AND DECEPTIVE ACTS AND PRACTICES (5th ed. 2001) Education Individuals with Disabilities Education Act, 20 U.S.C. 1400 1487 (2001) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (2001) Title II, Americans with Disabilities Act, 42 U.S.C. 12101 12213 (2001) 34 C.F.R. pt. 100 (2002) (U.S. Department of Education Title VI regulations) Employment Title VII, Civil Rights Act of 1964, 42 U.S.C. 2000 to 2000e-17 (2001) Civil Rights Act of 1866, 42 U.S.C. 1981 (2001) (contracts) Immigration and Nationality Act, 8 U.S.C 1324b (2001) (national-origin and alienage-employment discrimination) Worker Protection Standard, 40 C.F.R. pt. 170 (2001) (agricultural worker pesticide protections) 29 C.F.R. pt. 1606 (2001) (U.S. Equal Employment Opportunity Commission (EEOC) national-origin discrimination regulations) NAT L EMPLOYMENT LAW PROJECT, DISCRIMINATION IN THE WORKPLACE: A LEGAL SURVEY (1997) BARBARA LINDEMANN & PAUL GROSSMAN, EMPLOYMENT DISCRIMINATION LAW (3d ed. BNA 1997) Environmental Justice National Environmental Policy Act, 42 U.S.C. 4321 4370f (2001) Title VIII, Civil Rights Act of 1968 (Fair Housing Act), 42 U.S.C. 3601 3631 (2001) Clean Air Act, 42 U.S.C. 7401 7671q (2001) Clean Water Act, 33 U.S.C. 1251 1387 (2001) Resource Conservation and Recovery Act, 42 U.S.C. 6901 6979b (2001) (land-based waste disposal) Comprehensive Environmental Response, Compensation and Liability Act (Superfund), 42 U.S.C. 9601 9675 (2001) Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 11050 (2001) Toxic Substances Control Act, 15 U.S.C. 2601 2692 (2001) Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4822 (2001) Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 136y (2001) 40 C.F.R. pt. 7 (2001) (Environmental Protection Agency (EPA) Title VI regulations) 24 C.F.R. pt. 1 (2002) (U.S. Department of Housing and Urban Development (HUD) Title VI regulations) 24 C.F.R. pts. 100 125 (2002) (HUD Title VIII regulations) 24 C.F.R. pt. 30 (2002) (HUD civil penalties) 24 C.F.R. pt. 35 (2002); 40 C.F.R. pt. 745 (2001) (lead-paint regulations for certain residential structures) 40 C.F.R. 19.4 (2001) (EPA civil penalties) THE LAW OF ENVIRONMENTAL JUSTICE (Michael B. Gerrard ed., 1999) 276 CLEARINGHOUSE REVIEW JULY AUGUST 2002

Health 42 C.F.R. 124 subpart G (2001) (Hill-Burton Act community service regulations) 45 C.F.R. pt. 80 (2001) (U.S. Department of Health and Human Services (HHS) Title VI regulation) MICHAEL DOWELL, NAT L HEALTH LAW PROGRAM, AN ADVOCATE S GUIDE TO AUDITING THE COMPLIANCE OF HILL-BURTON FACILITIES (1988) Housing Title VIII, Civil Rights Act of 1968 (Fair Housing Act), 42 U.S.C. 3601 3631 (2001) Civil Rights Act of 1866, 42 U.S.C. 1981, 1982 (barring discrimination in contracts and in property sales or leases) Equal Credit Opportunity Act, 15 U.S.C. 1691 1691f (2001) Fair Debt Collection Practices Act, 15 U.S.C. 1692 1692o (2001) Truth-in-Lending Act, 15 U.S.C. 1601 1667f (2001) Real Estate Settlement Procedures Act, 12 U.S.C. 2601 2617 (2001) Home Ownership and Equity Protection Act, 15 U.S.C. 1639 (2001) Racketeer-Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 1968 (2001) Community Reinvestment Act, 12 U.S.C. 2901 2908 (2001) 24 C.F.R. pt. 1 (2002) (HUD Title VI regulations) 24 C.F.R. pts. 100 125 (2002) (HUD Title VIII regulations) 24 C.F.R. pt. 30 (2002) (HUD civil penalties) 24 C.F.R. pt. 3500 (2002) (Real Estate Settlement Procedures Act regulations) 12 C.F.R. 226.31 226.32 (2002) (Home Ownership and Equity Protection Act regulations) FLORENCE ROISMAN, NAT L HOUSING LAW PROJECT, AN OUTLINE OF PRINCIPLES, AUTHORITIES AND RESOURCES REGARDING HOUSING DISCRIMINATION AND SEGREGATION (2000), available at www.nhlp.org/html/fair/outline.htm ROBERT SCHWEMM, HOUSING DISCRIMINATION: LAW AND LITIGATION (1996) JAMES A. KUSHNER, FAIR HOUSING: DISCRIMINATION IN REAL ESTATE, COMMUNITY DEVELOPMENT AND REVITALIZATION (2d ed. 1995) Immigrants Immigration and Nationality Act, 8 U.S.C 1324b (2001) (national-origin and alienage-employment discrimination) Civil Rights Act of 1866, as amended by Civil Rights Act of 1991, 42 U.S.C. 1981 (2001) (contracts) Civil Rights Act of 1964, Title VII, 42 U.S.C. 2000e-2 (2001) (national-origin employment discrimination) Worker Protection Standard, 40 C.F.R. pt. 170 (agricultural worker pesticide protections) 7 C.F.R. 272.4(b) (2001) (Food Stamp Program regulations on translation) 29 C.F.R. pt. 1606 (2001) (EEOC national-origin discrimination regulations) Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (June 18, 2002) OFFICE FOR CIVIL RIGHTS, HHS, TITLE VI PROHIBITION AGAINST NATIONAL ORIGIN DISCRIMINATION AS IT AFFECTS PERSONS WITH LIMITED ENGLISH PROFICIENCY (2000), available at www.hhs.gov/ocr/lep/guide.html JULY AUGUST 2002 JOURNAL OF POVERTY LAW AND POLICY 277

Public Benefits Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 USC 602(a)(1)(B)(iii), 608(d) (2001) 45 C.F.R. pt. 80 (2001) (HHS Title VI regulations) 7 C.F.R. 272.4(b) (2001) (Food Stamp Program regulations on translation) 29 C.F.R. pt. 31 (2001) (U.S. Department of Labor Title VI regulations) OFFICE FOR CIVIL RIGHTS, HHS, CIVIL RIGHTS LAWS AND WELFARE REFORM AN OVERVIEW (1999), available at www.hhs.gov/ocr/overview1.htm OFFICE FOR CIVIL RIGHTS, HHS, TECHNICAL ASSISTANCE FOR CASEWORKERS ON CIVIL RIGHTS LAWS AND WELFARE REFORM (1999), available at www.hhs.gov/ocr/taintro.htm EEOC, APPLICATION OF EEO LAWS TO CONTINGENT WORKERS PLACED BY TEMPORARY EMPLOYMENT AGENCIES AND OTHER STAFFING FIRMS (1997), available at www.eeoc.gov/docs/conting.html Transportation 49 C.F.R. pt. 21 (2001) (U.S. Department of Transportation Title VI regulations) Voting Voting Rights Act, 42 U.S.C. 1971 (2001) Debating the Success of Welfare Reform A new publication from Applied Research Center analyzes the harsh effects of welfare reform on the poor. From Poverty to Punishment: How Welfare Reform Punishes the Poor consists of progressive social policy essays describing how social and legislative policies have reversed the social safety net philosophy to a work at all cost philosophy. It describes how conservative policy-making and image manipulation have basically criminalized poverty. It gives a background of welfare policy, assesses its current state, and offers a powerful debate on where the fight against poverty needs to go. For copies of the publication, contact Applied Research Center, 3781 Broadway, Oakland, CA 9611; 510.653.3415; www.arc.org. 278 CLEARINGHOUSE REVIEW JULY AUGUST 2002

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