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‘Civil Rights’ Gone Wild
To the Civil Rights Division, pilgrimages and stiletto heels matter more than actual violations of the Civil Rights Act.

By Hans A. von Spakovsky


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The Justice Department’s Civil Rights Division has no time to pursue voter-intimidation cases against black defendants. But it has plenty of time to pursue local school boards that make common-sense decisions about student dress codes and accommodations for teachers’ religious practices.

The contrast between what the division does and doesn’t regard as important reveals a radical ideology on the loose — and the willingness of this administration’s political appointees to abuse the civil-rights laws they are supposed to enforce.

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In the latest outrage, the Civil Rights Division is suing the board of education in the leafy Chicago suburb of Berkeley, Ill. The board’s offense? It would not allow a middle-school computer-math-lab teacher to take off three weeks during December’s crucial end-of-semester course reviews and final exams in order to make a pilgrimage to Mecca.

DOJ filed the suit under Title VII of the Civil Rights Act of 1964, which prohibits an employer from discriminating on the basis of race, color, sex, national origin, or religion. Federal regulations require an employer to provide reasonable accommodations for the religious practices of employees unless doing so would “result in undue hardships on the conduct of its business.” In 1977, in TWA v. Hardison, the Supreme Court held that it is an “undue hardship” if the employer has to “bear more than a de minimis cost” in order to provide the accommodation.

The courts have reasonably concluded that employers must accommodate certain religious practices, such as letting teachers take a day off for a religious holiday like Rosh Hashanah, or permitting devout Muslims to briefly absent themselves during the day to pray. Federal regulations identify additional examples of reasonable religious accommodations deemed to be of minimal cost to employers. These include voluntary swaps with other employees who are willing to work on a particular day, flexible arrival and departure times, staggered work hours, and new job assignments and lateral transfers. No rational observer, though, would construe a request for a three-week Hajj during the run-up to finals as a reasonable accommodation.

The Justice Department will probably argue that the school board would incur only a de minimis cost in granting three weeks of unpaid leave to this untenured teacher, who had been employed by that school for only a year. But if a teacher were to leave for three weeks at the end of a semester, the cost to the students could be quite heavy. That is the time when teachers are responsible for reviewing with their students all that they have been taught and preparing them for the finals. That is not a job that a substitute teacher can effectively handle. Substitutes typically don’t know the syllabus, the projects assigned, the readings required, or any other details of a four-month-long course. Assuming that the students’ education is the top priority of the school board, it is simply not reasonable to let a teacher leave during this crucial period.

In this case, the contract with the local teachers’ union stipulates accommodations for shorter religious holidays but not, apparently, for such a lengthy pilgrimage. By acting fully within the negotiated terms of that agreement, the school board had provided all reasonable accommodations required by law. In the TWA case, the Supreme Court held that an employer cannot be faulted for acting according to a seniority system set out in a collective-bargaining agreement since that agreement represents a significant accommodation of the religious and secular needs of all covered employees. In this case, the school board acted within its union contract and provided all the religious accommodations it was required to offer under applicable federal law and regulations. The Justice Department’s view here goes far beyond what is legally required.

Extremists in the Civil Rights Division are pouncing on other school policies as well. When it was first formed in the 1960s, the division pursued cases of real discrimination — cases where, for example, black students were harassed or intimidated or provided with intentionally inferior education. These days, the division believes that prohibiting boys from wearing makeup, nail polish, and high heels is sex discrimination.

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COMMENTS   9

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   01/03/11 09:40

The president takes a solemn oath to "take care that the laws of the US are faithfully executed". I don't find any authority in the COTUS for the Executive to pick and choose the laws to be enforced or neglected.

The COTUS is only effective if we demand compliance. It is long past time that Citizens hold all three branches accountable, but it is NOT too late.

More than half of the medically uninsured; and more than 1/3 of our prison- population problems go away if our immigration laws are enforced.

Why is it that we can't see the tremendous cost savings inherent in restoring Constitutional governance?

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   01/03/11 09:52

Hmmmm, let's see. A lawsuit being brought against two school districts, one for "violating" the religious practices of a muslim (btw, the Hajj is not mandatory under Muslim tradition) and one lawsuit for "violating" the choice of two male students to dress like females...

hmmm, racial & gender politics...yup, sounds like the Holder justice department to me!

I can't wait for the 112th Congress to begin investigating this clown (Holder) and the shenanigans going on in the Civil Rights Division. Break out the popcorn folks, this is going to be a fun 2 years...

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   01/03/11 09:53

I am surprised that Mr. Spakovsky did not mention the likely headwaters of this river of hard-left petty tyranny.

That would be a Mr. Tom E. Perez, who, since 2009, heads the Civil Rights Division of the Justice Department. Who this guy is is best described in his own words.

In a Dec., 2009, speech to the ultra-Liberal American Constitution Society, he famously made his zealotry known:

"I love this job. We have a very broad, a very ambitious vision. It's a very exciting vision, and I wake up every morning with a hop in my step."

Translation: I have been a Liberal agitator since my college days, and this post is giving me carte blanche to treat America like my playground: every Calvinball rule I dream up will be uncontested and enforced by the power of the State.

Before being put in his new post, Perez was a councilman in Montgomery County, MD, a community agitator, and an aide to Sen. Ted Kennedy. In his resume, we see things such as pushing hard for in-state tuition and driver's licenses for illegal immigrants, aiding in the lawsuit against Arizona, and gleefully filling 102 new division posts with likely-minded 60's-style radicals.

I hope the new Republican congress takes a serious look at all this. Making an example of this clown and rolling back the Civil Rights Division behemoth could be a great step towards letting Americans know they have made the right decision in November.

Somehow, though, I won't be holding my breath.

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   01/03/11 10:24

Is this a great country or what? The freedom of belligerant, disrespectful, God-mocking children to run amok in the public schools, but not the freedom to vote for an independent in Kinston, NC

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   01/03/11 12:00

DOJ is out of control, and most reflective of what the New Left under President Obama is all about. Were I running for president in 2012, no less than half of my talking points would stem from the radicalism of AG Eric Holder's Justice Department.

Think about it: if you throw in the civilian trials for terrorists, you can demonstrate President Obama's flaws on both domestic and foreign policy without discussing a single other cabinet agency.

One other thing: I predict DOJ will be throwing a HUGE monkey wrench into the redistricting process following the 2010 census. The Kinston case someone else mentioned is a prime example of how far Holder will go. Put simply, any time you decrease the number of Dems, it's RACIST!

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SammysDad
   01/03/11 12:43

"Federal regulations require an employer to provide reasonable accommodations for the religious practices of employees" The magic word here is "reasonable." No, hell No, 3 weeks for a trek somewhere thousands of miles away for some religious reason which is not even mandatory and after only being an employee for 1 year???? That is in no way "reasonable". IT IS TOTALLY UNREASONABLE, HOLDER!!!

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   01/03/11 12:55

Power Pickle,

The additional irony is that this Division (like the left as a whole) is championing both the gay lifestyle *and* the religion that makes it punishable by death, imprisonment or heavy fines.

But hey, as long as it's a slap to the face of Western civ, who's to keep score on logical consistency?

I wish I was as optimistic as you about the new Congress holding the current DOJ accountable. I'm going into this new year with no expectations and a Derb-like pessimism, so at least I won't be disappointed.

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Never Outraged
   01/03/11 19:03

Interesting. In the late 1970s, the Pope (He's Roman Catholic, in case you didn't know) visited the Chicago area. I happened to be teaching in a suburban public school at the time. Some students wanted to take a day off to go see the Pope. The school insisted that they be penalized for truancy.

Some of my students went, and the big boss insisted that I penalize them as truants in my class. No problem! The big boss was also a football coach, and he insisted that the players NOT be penalized when they cheated, and so forth. So I penalized the Catholics the same way I penalized the football players: I let it slide. Equality, there's the ticket.

Needless to say, I found another career.

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Doc in the Somali Basin
   01/04/11 01:05

Typical, when we have real racial problems in our country, namely how American citizens are being forced to pay taxes, both local and federal that are used to support illegal immigrants with food stamps, free education for their illegal children, free child delivery and post natal follow up for their anchor babies.
I don't recollect being asked if it was ok for my tax dollars to be used this way, its bad enough with the parasitical American citizens we already support and now lets waste more of our tax dollars by sueing school districts who are trying to educate our children.
Curious, are the school districts in question in a progressive liberal district or are they in a conservative district?
Doc, Somali Basin.

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