Washington Markup

New Federal Standards Offer Unprecedented Protections to LGBTI Prisoners

By Leslie Cooper, LGBT Project at 2:25pm

Yesterday the Department of Justice (DOJ) released the long-awaited National Standards to Prevent, Detect, and Respond to Prison Rape. These standards – the first of their kind—create an historic opportunity to put an end to the epidemic of sexual abuse in prison, which disproportionately affects prisoners who are lesbian, gay, bisexual, transgender or have intersex conditions (LGBTI).

PREA Rule: DOJ Takes First Steps to Protect Prison Rape Victims

By Amy Fettig, ACLU National Prison Project at 12:05pm

Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it

One Year Longer? Why Won’t DHS Protect Its Detainees under the Prison Rape Elimination Act Right Now?

By Chris Rickerd, ACLU Washington Legislative Office at 1:18pm

The Prison Rape Elimination Act was passed by a unanimous Congress in 2003, with regulations due by June 2010. It was clearly intended to cover all detainees, civil and criminal. Two years later, the Obama administration at last released the final implementing rules for PREA. Commendably, the Department of Justice reversed its prior position that PREA doesn’t cover all immigration detainees. Yet the Department of Homeland Security – despite an abysmal track record of preventing and investigating sexual abuse and assault in its facilities, which was recently exposed on PBS’s Frontline – got a 360-day extension on PREA compliance.

Identity Theft and the War on Immigrants

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:41pm

The war on America's immigrants can lead to some very strange results. In a classic example, last year Republicans actually said, when it comes to immigration at least, new government regulations actually create jobs. But these attacks on immigrants cause real harm to ordinary Americans who don't think that immigration affects them. We've already talked about how mistakes in E-Verify, the federal database of eligible workers, can keep Americans from getting jobs. Tomorrow the House Judiciary Committee will hold a hearing that highlights another problem with E-Verify.

Twelve More Lawsuits, Still No Case

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 12:55pm
Every few weeks, opponents of birth control manage to garner some media attention by objecting – again – to the federal contraceptive coverage rule, which ensures that millions of women will have affordable insurance coverage for contraception without extra out-of-pocket costs. But time after time, it’s just more of the same. 

EEOC: Help Stop Discriminatory Barriers to Employment

By Dan Zeidman, ACLU Washington Legislative Office at 5:49pm

Ms. W, a Native American woman in Washington State, was convicted in 2008 for possession of marijuana. After applying for a job at a discount retail store and receiving a conditional offer of employment, Ms. W received a call from the manager telling her that a background check company had given her a failing evaluation, without providing the employer with any further information.

As a result of this evaluation, the employer rescinded the conditional offer of employment. When Ms. W investigated, she found out that her background check erroneously reflected a more serious offense. Although the background check company subsequently corrected Ms. W's report, the damage had been done.

ENDA Is Good, Could Be Even Better

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 5:04pm

On Tuesday, the Senate Committee on Health, Education, Labor and Pensions held an important hearing on workplace discrimination experienced by those who are or perceived to be lesbian, gay, bisexual, or transgender (LGBT). The hearing addressed the need for federal legislation, the Employment Non-Discrimination Act (ENDA), to create uniform protections for LGBT people in the workplace.   The sad reality remains that it is legal to fire or refuse to hire workers based on sexual orientation in 29 states and gender identity in 34 states.

When a Dream House Becomes a Nightmare

By Tyler Ray, ACLU Washington Legislative Office at 11:30am

For years, Rita Winters envisioned spending her golden years of retirement at her dream house in Southern Maryland.  However, as a result of events outside of Rita’s control, her dream home placed her in a nightmare situation. Federal action is needed to stop the nightmare that Rita and millions others faced while attempting to achieve their dream of home ownership.

Rita Winters’ Story

Working Towards an LGBT-Inclusive Platform

By Ian S. Thompson, ACLU Washington Legislative Office at 4:28pm

On Thursday evening, BuzzFeed reported that the draft 2012 Democratic National Platform includes, as part of an overall endorsement of the freedom to marry for same-sex couples, a call for passage of the Respect for Marriage Act in Congress.  This important legislation would completely repeal the discriminatory so-called Defense of Marriage Act (DOMA) and provide married gay and lesbian couples with certainty that, regardless of where they travel or move in the country, they will not be treated as legal strangers under federal law. 

One Step Closer: New York Times Praises Executive Order on Human Trafficking

By Amshula Jayaram, ACLU Washington Legislative Office at 5:54pm

The New York Times issued an editorial Tuesday praising President Obama’s Executive Order to end human trafficking in government contracts.  The Times viewed the order as an important step towards eliminating this shameful practice.  The Times also called for Congress to pass the End Trafficking in Government Contracting Act, which would provide the legislative muscle to enforce and make permanent the measures contained in the Executive Order to eliminate human trafficking from government contracting processes.