Cameron Miranda
Discrimination by law enforcement is a pressing issue in the United States. Despite federal, state, and local laws prohibiting certain forms of discrimination, racial disparities and discrimination against law enforcement officers based on sexual orientation and gender identity persist. Law enforcement agencies that receive financial assistance from the Department of Justice (DOJ) are prohibited from discriminating on the basis of race, color, national origin, sex, religion, and disability. However, discriminatory practices such as racial profiling and stop-and-frisk continue to disproportionately affect communities of color, with Black Americans being killed by police at twice the rate of White Americans. Discrimination against LGBT law enforcement personnel also remains pervasive, impacting community policing and resulting in the underrepresentation of LGBT individuals in law enforcement. Addressing discriminatory policing requires a comprehensive approach involving law enforcement, courts, community involvement, and systemic change.
| Characteristics | Values |
|---|---|
| Race | African Americans, Irish, Germans, Poles, Hispanics, Asian Americans, Haitian Americans |
| National Origin | Latino, Haitian |
| Color | White, Black |
| Religion | Muslims |
| Sex | N/A |
| Disability | N/A |
| Sexual Orientation | LGBTIQ |
| Gender Identity | Transgender |
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What You'll Learn
Race, colour, and national origin
Discrimination based on race, colour, and national origin is prohibited by law. State and local law enforcement agencies that receive financial assistance from the Department of Justice (DOJ) are not allowed to discriminate based on these factors. This means that discriminatory treatment, including misconduct, on the basis of race, colour, or national origin is prohibited in law enforcement services and activities such as interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects.
The history of racial disparities in policing is well-documented and rooted in the story of the nation and its culture. During the Great Migration, when millions of African Americans moved from the agrarian South to the manufacturing centers of the North, they encountered metropolitan police departments that enforced the law along racial and ethnic lines. This resulted in the oversight of newcomers by those who had arrived before them, creating a dynamic where "the Anglo-Saxons are policing the Irish or the Germans are policing the Irish. The Irish are policing the Poles."
Racial profiling and "stop-and-frisk" are widely discredited practices that have contributed to racial disparities in law enforcement stops. Research has found that Black Americans are killed by police at twice the rate of White Americans, and Hispanic Americans are also killed at a disproportionate rate. Furthermore, Black Californians are more than twice as likely as White Californians to be searched during a stop.
To address these disparities, law enforcement can reduce the number of stops, which would mitigate racially disparate experiences for communities of color and reduce the risk of injury for both officers and individuals. Additionally, holding individuals and institutions accountable is crucial. This includes re-examining the Supreme Court's rulings on qualified immunity, which have protected law enforcement from civil suits, and promoting accountability within police unions.
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Religion and sexual orientation
Religion
Religious discrimination involves treating an employee or applicant unfavourably due to their religious beliefs. The law protects those who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, as well as those with sincerely held religious, ethical, or moral beliefs. Religious discrimination can also involve treating someone differently because they are associated with an individual of a particular religion.
Additionally, the federal Fair Housing Act prohibits religious discrimination in the rental, sale, and financing of homes, with some exemptions. It also prohibits including discriminatory terms and conditions in housing transactions.
Sexual Orientation
Discrimination and harassment against law enforcement officers based on sexual orientation and gender identity are pervasive in the United States. Surveys and studies have found high levels of discrimination, with many LGBT officers reporting homophobic comments, outsider treatment, and discrimination in promotions, hiring, and firing. There have also been reports of physical and sexual harassment, including death threats, indecent exposure, and inappropriate touching.
While a patchwork of state, local, and federal laws provides some protection against discrimination based on sexual orientation, there is no comprehensive federal law. The Employment Non-Discrimination Act (ENDA) has been proposed to prohibit employment discrimination based on sexual orientation and gender identity. In the absence of ENDA, local law enforcement departments can adopt policies prohibiting such discrimination to enhance community policing.
Clinton's Executive Order 13087 in 1998 prohibited discrimination based on sexual orientation in the federal civilian workforce for certain government employees, but it did not create new enforcement rights. In 2014, Obama signed Executive Order 13673, "Fair Pay and Safe Workplaces," requiring companies with large federal contracts to comply with labor laws, but this was later revoked. In 2017, the Trump administration reversed an Obama-era policy that used Title VII to protect transgender employees from discrimination.
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Disability
Law enforcement officers may interact with citizens with disabilities, and it is important that they are aware of the rights of these individuals. The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in state and local government services, programs, and employment. Law enforcement agencies are covered by this Act as they are programs of state or local governments.
The ADA covers a wide range of individuals with disabilities, including those with physical or mental impairments that limit major life activities such as self-care, manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Law enforcement officers should be aware that unexpected actions taken by individuals with disabilities may be misconstrued as suspicious or illegal activity or uncooperative behavior. For example, typical tests for intoxication such as walking a straight line may be ineffective for individuals with disabilities that cause an unsteady gait.
There have been cases of law enforcement misconduct involving individuals with disabilities, resulting in lawsuits. In one case, a man with autism was shot and killed by police due to a miscommunication. The parents of the deceased alleged that the officers failed to provide reasonable accommodations during the arrest and failed to communicate effectively with their disabled son.
It is important for law enforcement agencies to be aware of recent developments in court cases involving individuals with disabilities to ensure that they are providing the best practices and equitable treatment for all citizens.
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Gender identity
Discrimination against law enforcement officers based on gender identity is pervasive in the United States. There is currently no federal law that comprehensively prohibits employment discrimination based on gender identity. While a patchwork of state, local, and federal laws provides some protection against certain forms of discrimination, it is not universal.
The Employment Non-Discrimination Act (ENDA) is a proposed federal legislation that would explicitly prohibit discrimination in the workplace based on gender identity. ENDA is modelled after civil rights legislation like the Civil Rights Act of 1964, which the federal government has interpreted to protect people from discrimination based on gender identity. However, this interpretation is not universally accepted, and some courts have only recently concluded that transgender persons are protected under Title VII and other sex discrimination statutes.
In the absence of comprehensive federal legislation, state and local governments can protect workers through training and local nondiscrimination laws and policies. Local law enforcement departments can play a crucial role in decreasing discrimination and enhancing community policy by adopting departmental policies that explicitly prohibit gender identity discrimination and promote inclusivity.
New York City, for example, has passed the Transgender Rights Bill in 2002, which expanded the scope of gender-based protections guaranteed under the New York City Human Rights Law (NYCHRL). NYCHRL prohibits discrimination in employment, public accommodations, and housing, as well as discriminatory harassment and bias-based profiling by law enforcement. The law defines gender discrimination as including discrimination based on gender identity (such as being transgender, non-binary, or gender non-conforming) and gender expression, regardless of the sex assigned at birth.
Discrimination against law enforcement officers based on gender identity has a detrimental impact on community policing, particularly in the protection of and cooperation with the LGBT community. It leads to the underrepresentation of LGBT individuals in law enforcement and creates a hostile work environment, resulting in negative experiences for LGBT officers.
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Housing and public accommodations
Housing discrimination is prohibited by the Fair Housing Act, enforced by the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ). The Act prohibits discrimination in housing on the basis of race, colour, religion, sex, national origin, familial status, and disability. This includes the refusal to make reasonable accommodations for people with disabilities, such as providing necessary rules, policies, practices, or services to ensure equal opportunities to use and enjoy a dwelling.
The Civil Rights Division of the Justice Department takes action against discriminatory practices and seeks relief for individuals whose rights under the Fair Housing Act have been violated. This includes initiating lawsuits when there is a "pattern or practice" of discrimination or a denial of rights to a group.
Public accommodations refer to facilities, whether publicly or privately owned, that are used by the general public. Examples include retail stores, rental establishments, educational institutions, and service centres. Under federal law, public accommodations must be accessible to people with disabilities and cannot discriminate based on "race, colour, religion, or national origin". Religious organizations and private clubs are exempt from these laws.
State laws, such as the New Jersey Law Against Discrimination (LAD), also prohibit discrimination in places of public accommodation based on race, religion, national origin, gender, sexual orientation, disability, gender identity, and other protected characteristics. This includes police conduct, such as targeting individuals for arrest or law enforcement action because of a protected characteristic.
While there is no comprehensive federal law prohibiting employment discrimination based on sexual orientation and gender identity, state and local governments can address this through training and local non-discrimination laws and policies.
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Frequently asked questions
Discrimination in law enforcement can take many forms, including racial profiling, discriminatory treatment during interrogations, selective enforcement of laws, and unequal punishment. Discrimination can also occur in the form of discriminatory hiring and promotion practices within law enforcement agencies themselves.
Various laws prohibit discrimination on the basis of race, colour, national origin, sex, religion, disability, sexual orientation, and gender identity. These protections extend to both the public and law enforcement officers themselves.
Some examples include the use of racial profiling in stop-and-frisk practices, the disproportionate targeting of certain racial or ethnic groups for law enforcement actions, and the post-9/11 surveillance and harassment of Muslims.
Addressing discrimination in law enforcement requires a multi-faceted approach. This includes holding individual officers and institutions accountable, reforming policies and procedures, improving training, and increasing data collection on the demographics of those stopped and searched.
