Category: US Department of Justice

Source: United States Department of Justice

WASHINGTON — Today, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two technical assistance documents focused on educating the public about unlawful discrimination related to “diversity, equity, and inclusion” (DEI) in the workplace.

DEI is a broad term that is not defined in Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on protected characteristics such as race and sex. Under Title VII, DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated—in whole or in part—by an employee’s or applicant’s race, sex, or another protected characteristic.

In the past five years, DEI policies, programs, and practices have become increasingly prevalent in many of our nation’s largest and most prominent businesses, universities, and cultural institutions. The widespread adoption of DEI, however, does not change longstanding legal prohibitions against the use of race, sex, and other protected characteristics in employment.

To help educate the public about how well-established civil rights rules apply to employment policies, programs, and practices—including those labeled or framed as “DEI”—the EEOC and the DOJ today released a joint one-page technical assistance document, “What To Do If You Experience Discrimination Related to DEI at Work.” The EEOC also released a longer question-and-answer technical assistance document, “What You Should Know About DEI-Related Discrimination at Work.” Both documents are based on Title VII, existing EEOC policy guidance and technical assistance documents and Supreme Court precedent.

“Far too many employers defend certain types of race or sex preferences as good, provided they are motivated by business interests in ‘diversity, equity, or inclusion.’ But no matter an employer’s motive, there is no ‘good,’ or even acceptable, race or sex discrimination,” said EEOC Acting Chair Andrea Lucas. “In the words of Justice Clarence Thomas in his concurrence in Students for Fair Admissions, ‘two discriminatory wrongs cannot make a right.’”

Lucas emphasized, “While the public may be confused about what rules apply to DEI, the law itself is clear. And there are some serious implications for some very popular types of DEI programs. These technical assistance documents will help employees know their rights and help employers take action to avoid unlawful DEI-related discrimination.”

“The Department of Justice is committed to ending illegal DEI initiatives, policies, and programs,” said Deputy Attorney General Todd Blanche. “The technical assistance document provides clear information for employees on how to act should they experience unlawful discrimination based on DEI practices.”

Source: United States Department of Justice Criminal Division

A federal grand jury in Gulfport, Mississippi, returned a six-count superseding indictment today charging Stefan Day, also known as Stefan Pete Day Rowold, with federal civil rights and arson violations for vandalizing and setting fire to a house of worship.

According to the superseding indictment, on July 5, 2024, and July 7, 2024, Day set fire to The Church of Jesus Christ of Latter-Day Saints in Wiggins, Mississippi. Counts one and four of the superseding indictment charge Day with arson for setting fire to the church. Counts two and five of the superseding indictment charge Day with intentionally damaging, defacing, and destroying religious real property because of the religious character of the property. Counts three and six of the superseding indictment charge Day with using fire to commit a federal felony offense.

If convicted, Day faces a minimum penalty of five years in prison and a maximum penalty of 20 years in prison on each of the arson charges, a maximum penalty of 20 years in prison for each of the civil rights charges, and a minimum penalty of ten years in prison for the use of fire to commit a federal felony offense.

Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Patrick Lemon for the Southern District of Mississippi, and Special Agent in Charge Robert A. Eikhoff of the FBI Jackson Field Office made the announcement.

The FBI Jackson Field Office investigated the case, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mississippi Bureau of Investigation, the Mississippi State Fire Marshal, and the Wiggins Police Department.

Assistant U.S. Attorney Jonathan Buckner for the Southern District of Mississippi and Trial Attorney Chloe Neely of the Civil Rights Division’s Criminal Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

The Justice Department today announced that it is taking action in response to President Trump’s Presidential Memorandum “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis.” First, the Department is withdrawing 11 pieces of guidance to streamline Americans with Disabilities Act (ADA) compliance resources for American businesses. Next, the Department is raising awareness about tax incentives for businesses related to their compliance with the ADA.

The Jan. 20 Presidential Memorandum described the regulatory demands put in place by the prior administration and called on the heads of all executive departments and agencies to take appropriate actions to lower the cost of living throughout the country. Today’s withdrawal of 11 pieces of unnecessary and outdated guidance will aid businesses in complying with the ADA by eliminating unnecessary review and focusing only on current ADA guidance. Avoiding confusion and reducing the time spent understanding compliance may allow businesses to deliver price relief to consumers.

In addition, to further the goals of the Presidential Memorandum and to aid businesses during tax season, the Department is highlighting tax incentives available for businesses to help cover the costs of making access improvements for customers or employees with disabilities. The Department expects that small businesses will find this reminder helpful in reducing costs, especially as they prepare their tax filings. An explanation of these tax incentives is featured prominently on the ADA.gov website.

“The Justice Department is committed to ensuring that businesses and members of the public can easily understand their rights and obligations, including the tax incentives that are available to help businesses comply with the ADA,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division. “Putting money back into the pockets of business owners helps everyone by allowing those businesses to pass on cost savings to consumers and bolster the economy.”

The Department has identified the following 11 pieces of guidance for withdrawal:

1. COVID-19 and the Americans with Disabilities Act: Can a business stop me from bringing in my service animal because of the COVID-19 pandemic? (2021)
2. COVID-19 and the Americans with Disabilities Act: Does the Department of Justice issue exemptions from mask requirements? (2021)
3. COVID-19 and the Americans with Disabilities Act: Are there resources available that help explain my rights as an employee with a disability during the COVID-19 pandemic? (2021)
4. COVID-19 and the Americans with Disabilities Act: Can a hospital or medical facility exclude all “visitors” even where, due to a patient’s disability, the patient needs help from a family member, companion, or aide in order to equally access care? (2021)
5. COVID-19 and the Americans with Disabilities Act: Does the ADA apply to outdoor restaurants (sometimes called “streateries”) or other outdoor retail spaces that have popped up since COVID-19? (2021)
6. Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009)
7. Expanding Your Market: Gathering Input from Customers with Disabilities (2007)
8. Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006)
9. Reaching out to Customers with Disabilities (2005)
10. Americans with Disabilities Act: Assistance at Self-Serve Gas Stations (1999)
11. Five Steps to Make New Lodging Facilities Comply with the ADA (1999)

Source: United States Department of Justice

Attorney General Pamela Bondi released the following statement this evening regarding a spate of recent attacks on Tesla property:

“The swarm of violent attacks on Tesla property is nothing short of domestic terrorism. The Department of Justice has already charged several perpetrators with that in mind, including in cases that involve charges with five-year mandatory minimum sentences. We will continue investigations that impose severe consequences on those involved in these attacks, including those operating behind the scenes to coordinate and fund these crimes.”

Source: United States Department of Justice

Thank you U.S. Attorney Leachman for the Western District of Texas, Craig Laraby, Special Agent in Charge of HSI’s San Antonio Field Office, and everyone for being here. My name is Matthew Galeotti, and I am the Acting Head of the Justice Department’s Criminal Division.

Today is a momentous day in the Department’s relentless fight against the leaders, organizers, and key facilitators of human smuggling networks – thanks to the work of our partners in the Western District of Texas and at ICE-HSI.

As Attorney General Pamela Bondi has announced, the Department is committed to the total elimination of cartels and transnational criminal organizations. To help meet this goal, the Department is laser-focused on dismantling human smuggling networks. Working with our U.S. Attorneys’ Offices and law enforcement partners, the Criminal Division is on the front lines of that fight.

You have already heard from U.S. Attorney Leachman on the extraordinary work in this case, but let me take a moment to recognize the victims and the extraordinary efforts of the prosecution team that bring us all here today.

As you heard, in June 2022, 64 aliens, from Guatemala, Honduras, and Mexico were loaded into a tractor-trailer without functioning air conditioning by members of an alien smuggling organization for the three-hour drive from Laredo to San Antonio, ultimately leading to the deaths of 53 people, including children and one pregnant woman. Eleven others were hospitalized.

Today, two of the people responsible, Felipe Orduna-Torres and Armando Gonzalez-Ortega, were held accountable for this tragedy by a United States jury. In total, eight members of this alien smuggling organization have now been convicted for their roles in this horrific event. This investigation and prosecution are the direct result of the hard work of the United States Attorney’s Office for the Western District of Texas and the dedicated special agents of Homeland Security Investigations, in close coordination with Joint Task Force Alpha and the Criminal Division.

The crimes committed — and the tragedy caused — by this type of pernicious alien smuggling organization epitomize why the Attorney General is elevating Joint Task Force Alpha to be run directly out of her Office. The goal is to eliminate the scourge of human smuggling.

Joint Task Force Alpha’s mission is to target and prosecute the leaders and organizers of transnational criminal organizations engaged in human smuggling and human trafficking throughout the Americas.

Since its creation, Joint Task Force Alpha has tirelessly pursued significant smuggling indictments and extradition efforts across the country. In just the past seven weeks, the Department has charged more than 760 defendants involved in human smuggling.

And we’re not done – not even by a long shot.

In fact, we are continuing to prosecute those responsible for this mass casualty alien smuggling event.

Just yesterday, Rigoberto Miranda-Orozco made his first court appearance here in the Western District of Texas after his extradition from Guatemala. His detention hearing is on Thursday. This Joint Task Force Alpha case will be prosecuted by trial attorneys from the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant United States Attorneys from the Western District of Texas.

Miranda-Orozco was indicted and has been charged for allegedly conspiring with other smugglers to facilitate the travel of four aliens from Guatemala through Mexico, and ultimately, to the United States. He allegedly charged the aliens, or their families and friends, approximately $12,000 to $15,000 for the journey. The indictment alleges that three of these aliens passed away in the tractor-trailer in June 2022, and the fourth suffered serious bodily injury. For his actions, Miranda-Orozco is charged with six counts related to migrant smuggling resulting in death or serious bodily injury and he faces a maximum penalty of life in prison.

This extradition sends the message that the Department of Justice will pursue human smugglers who violate U.S. law no matter where they are.

I want to express my deep appreciation to our key law enforcement partners who built this investigation: HSI San Antonio and the HSI Human Smuggling Unit in Washington, D.C., along with U.S. Customs and Border Protection’s National Targeting Center; U.S. Border Patrol; ATF; the San Antonio Police Department; and the Palestine Police Department. I would also like to thank our Criminal Division trial attorneys from the Office of International Affairs and resident legal advisors from the Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) who provided significant assistance in coordinating with our foreign partners.

I also want to thank our foreign law enforcement partners, especially Guatemalan law enforcement, for their assistance with this investigation and extradition.

As I mentioned, the Department is vigorously prosecuting human smugglers to the fullest extent of the law.

The Department of Justice has been working with members of Congress to advance a proposal to increase the sentencing guidelines in such cases to accurately account for the full scope of harm that can result from human smuggling.

People around the country may not be familiar with the prevalence and seriousness of human smuggling cases. This case exemplifies why we all must pay attention. Human smuggling is dehumanizing, dangerous and it can be deadly. Smuggling victims are often subject to rape, kidnapping, extortion, exploitation and more. It will not stand.

Our resolve in tackling these crimes will not waver. Joint Task Force Alpha, along with our partners, will continue to pursue the leaders and organizers of human smuggling and trafficking networks wherever they operate, with an enhanced focus on alien smuggling and trafficking by cartels and transnational criminal organizations.