A/HRC/15/18
III.
A.
People of African descent in the United States: general
comments
Participation of people of African descent in all political, economic,
social and cultural aspects of society and in the advancement and
economic development of the country
16.
The members of the Working Group acknowledge the strenuous efforts of the
Government of the United States to address the challenges that face people of African
descent in this country. In their meetings with Government agencies, the members found
that each of the many different departments has programmes that assist people of African
descent to realize their fundamental rights and improve their daily lives. While there is no
federal authority charged specifically with monitoring and advancing the situation of people
of African descent, there is a comprehensive structure in place that ensures that their
situation is included in the agenda and programmes of the different agencies that have
thematic responsibility for ensuring the provision of health, education, housing and other
fundamental services.
17.
Through its many meetings held with State officials, a member of Congress and civil
society representatives, the experts found the following to be the most pressing issues in the
United States as regards the participation of people of African descent in all political,
economic, social and cultural aspects of society and in the advancement and economic
development of their country.
1.
Employment
18.
In their meeting with the Department of Labor, the members were informed that
there are non-discrimination requirements placed upon those private enterprises that wish to
contract with the federal Government. These include the requirement that the contractor
does not discriminate against any member of its entire workforce during the performance of
a federal contract or subcontract and that it has, or puts in place, self-monitored affirmative
action measures. While contractors are required to self-monitor, the Office of Federal
Contract Compliance Programs will review selected contractors’ compliance with both the
non-discrimination and affirmative action obligations.
19.
It was explained to the members that the Workforce Investment Act is designed to
provide workforce investment activities that increase the employment, retention and
earnings of participants for all Americans. Section 188 of the Act prohibits discrimination
on various bases, including race and national origin, in those activities. The activities may,
however, be targeted to various other population groups - for example, persons who are
income disadvantaged. Section 188 of the Workforce Investment Act is a primary source of
authority for the Department of Labor’s Civil Rights Center, which, inter alia, enforces the
section 188 prohibition of discrimination and requirement of equal opportunity for those
who participate in a financially assisted programme or activity under Title I of the
Workforce Investment Act.
20.
When an employer is alleged to have acted in a discriminatory way, workers may
file a complaint with the Equal Employment Opportunity Commission. In addition, the
Civil Rights Center has jurisdiction over entities that are recipients of certain types of
federal financial assistance. The laws administered by the Center prohibit those entities
from discriminating in their provision of services to customers and in the operation of
programmes and activities for individual beneficiaries, as well as in their capacity as
employers. The Center conducts investigations of discrimination complaints against these
entities; it also conducts broader reviews to ensure compliance with legal requirements
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents