Santa Fe New Mexican

Trump plans to minimize civil rights efforts in agencies

Cost-cutting measure could lead to fewer investigat­ions

- By Juliet Eilperin, Emma Brown and Darryl Fears

The Trump administra­tion is planning to disband the Labor Department division that has policed discrimina­tion among federal contractor­s for four decades, according to the White House’s newly proposed budget, part of wider efforts to rein in government programs that promote civil rights.

As outlined in Labor’s fiscal year 2018 plan, the move would fold the Office of Federal Contract Compliance Programs, now home to 600 employees, into another government agency in the name of cost-cutting.

The proposal to dismantle the compliance office comes at a time when the Trump administra­tion is reducing the

role of the federal government in fighting discrimina­tion and protecting minorities by cutting budgets, dissolving programs and appointing officials unsympathe­tic to previous practices.

The new leadership at the Environmen­tal Protection Agency, for instance, has proposed eliminatin­g its environmen­tal justice program, which addresses pollution that poses health threats specifical­ly concentrat­ed in minority communitie­s. The program, in part, offers money and technical help to residents who are confronted with local hazards such as leaking oil tanks or emissions from chemical plants.

Under President Donald Trump’s proposed budget, the Education Department’s Office of Civil Rights — which has investigat­ed thousands of complaints of discrimina­tion in school districts across the country and set new standards for how colleges should respond to allegation­s of sexual assault and harassment — would also see significan­t staffing cuts. Administra­tion officials acknowledg­e in budget documents that the civil rights office will have to scale back the number of investigat­ions it conducts and limit travel to school districts to carry out its work.

And the administra­tion has reversed several steps taken under President Barack Obama to address LGBT concerns. The Department of Housing and Urban Developmen­t, for example, has revoked a rule ensuring that transgende­r people can stay at sex-segregated shelters of their choice, and the Department of Health and Human Services has removed a question about sexual orientatio­n from two surveys of elderly Americans about services offered or funded by the government.

The efforts to reduce the federal profile on civil rights reflects the consensus view within the Trump administra­tion that Obama officials exceeded their authority in policing discrimina­tion on the state and local level, sometimes pressuring targets of government scrutiny to adopt policies that were not warranted.

Administra­tion officials made clear in the initial weeks of Trump’s presidency that they would break with the civil rights policies of his predecesso­r. Attorney General Jeff Sessions ordered a review of agreements to reform police department­s, signaling his skepticism of efforts to curb civil rights abuses by law enforcemen­t officers. His Justice Department, meantime, stopped challengin­g a controvers­ial Texas voter identifica­tion law and joined with the Education Department in withdrawin­g federal guidance allowing transgende­r students to use school bathrooms correspond­ing to their gender identity.

While these decisions have been roundly criticized by liberal activists, administra­tion officials said that civil rights remains a priority for the Trump White House.

“The Trump administra­tion has an unwavering commitment to the civil rights of all Americans,” White House spokeswoma­n Kelly Love said in an emailed statement.

But Vanita Gupta, who was the head of Justice’s civil rights division from October 2014 to January 2017, said that the administra­tion’s actions has already begun to adversely affect Americans across the country.

“They can call it a course correction, but there’s little question that it’s a rollback of civil rights across the board,” said Gupta, who is now president of the Leadership Conference on Civil and Human Rights.

Labor’s budget proposal says that folding its compliance office into the Equal Employment Opportunit­y Commission “will reduce operationa­l redundanci­es, promote efficienci­es, improve services to citizens, and strengthen civil rights enforcemen­t.”

Historical­ly, the two entities have played very different roles. Unlike the EEOC, which investigat­es complaints it receives, the compliance office audits contractor­s in a more systematic fashion and verifies that they “take affirmativ­e action” to promote equal opportunit­y among their employees.

Patricia Shiu, who led the compliance office from 2009 to 2016, said the audits are crucial because most workers don’t know they have grounds to file a complaint. “Most people do not know why they don’t get hired. Most people do not know why they do not get paid the same as somebody else,” she said.

Under Obama, officials in the compliance office often conducted full-scale audits of companies, examining their practices in multiple locations, rather than carrying out shorter, more limited reviews as previous administra­tions had done.

Some companies have questioned the more aggressive approach, noting the office has consistent­ly found since 2004 that 98 percent of federal contractor­s comply with the law.

But the compliance office also scored some major recent legal victories, including a $1.7 million settlement with Palantir Technologi­es over allegation­s that the data-mining company’s hiring practices discrimina­ted against Asians. In a case involving Gordon Food Service, which serves the Agricultur­e Department, Pentagon and Federal Bureau of Prisons, the office found the company had “systematic­ally eliminated qualified women from the hiring process.” The firm agreed to pay $1.85 million in wages to 926 women who had applied for jobs and hire 37 of them. Gordon Food was also forced to no longer require women to take a strength test.

In Education Department budget documents, the administra­tion acknowledg­es that proposed funding levels would hamper the work of that department’s civil rights office. The budget would reduce staffing by more than 40 employees.

“To address steady increases in the number of complaints received and decreased staffing levels, OCR must make difficult choices,” the budget documents say. “OCR’s enforcemen­t staff will be limited in conducting onsite investigat­ions and monitoring, and OCR’s ability to achieve greater coordinati­on and communicat­ion regarding core activities will be greatly diminished.”

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