Congressman Jerrold Nadler (NY-08), Chairman of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, today held an oversight hearing on the Department of Justice’s Civil Rights Division Employment Litigation Section.  The hearing is part of the Subcommittee’s ongoing investigations into the Justice Department’s Civil Rights Division.

“Federal laws are only useful when the Executive is willing to enforce them properly,” said Rep. Nadler.  “Sadly, but not surprisingly, the Bush Administration has shown little will to protect against employment discrimination on the grounds of race, sex, religion, and national origin.  As today’s hearing will show, this inaction has a real impact on the lives of ordinary Americans.  The Bush Administration’s record on our anti-discrimination employment laws is unacceptable.”

The Justice Department’s Civil Rights Division Employment Litigation Section is mandated to enforce Title VII of the Civil Rights Act of 1964 and various other civil rights laws that prohibit employment discrimination.   As challenges to discriminatory employment practices are usually factually and legally complex and often take several years to litigate, the Justice Department is uniquely positioned to lead the charge in those cases.

However, the Bush Administration has filed only 47 Title VII cases since 2001.  By comparison, the Clinton Administration filed 34 cases in its first two years and a total of 92 by the end of its term.  Also, in several key cases, the Bush Administration has taken positions opposite to the actions and stances taken by previous administrations.  One of the witnesses, Janet Caldero, is a plaintiff in such a case.

Also at issue is the exit of a significant numbers of career lawyers in the Section and the hiring of lawyers who have little experience in civil rights.

“Our discrimination laws must be above partisan and political influence,” said Rep. Nadler.  “The Justice Department must find a renewed commitment to equality.   The promise of our nation’s civil rights laws is only met when they are enforced.  Today we examine whether that promise is being honored by the current Justice Department.”