Biased policing is an integral component of the well-documented “disproportionate minority contact” that occurs throughout the entire criminal justice system (e.g., Armour & Hammond, 2009; Hanes, 2012; Kempf-Leonard, 2007; Piquero, 2008; Thornberry et al., 2007; U.S. Department of Justice, 2009).
Full Answer
Does disparate enforcement prevent retention of minority and women law enforcement officers?
Disparate enforcement of disciplinary policies and procedures on the basis of sex, race, religion, and/or national origin may also play a role in preventing the retention of minority and women law enforcement officers. [153]
How do law enforcement agencies recruit racial minorities?
Many law enforcement agencies have succeeded at recruiting racial minorities, women, and other individuals from underrepresented populations by partnering with community or civic organizations.
What is the disparate treatment of minority youth in the justice system?
The Disparate Treatment of Minority Youth in the Juvenile Justice System In a nation that is based on notions of fairness and equality… The realization that our laws and justice system are often administered in a way that has a disproportionately harsh impact on youth of color is extremely troubling. In 1986:
Why does diversity in law enforcement matter?
II. Why Diversity in Law Enforcement Matters The challenge of recruiting, hiring, and retaining a diverse workforce is certainly not limited to law enforcement. Throughout the country, in nearly every sector of society, people and organizations are grappling with this issue.
What is disparity in criminal justice?
"Racial disparity" is defined as existing in the criminal justice system when "the proportion of a racial/ethnic group within the control of the system is greater than the proportion of such groups in the general population."
What is affirmative action in policing?
In sum, affirmative action refers to specific efforts to recruit, hire and retain underrepresented groups. Many equal employment opportunity regulations and many AA consent decrees mandate that police organizations meet goals for hiring and promoting minorities and women.
How has affirmative action affected the police force?
We find that the threat of affirmative action did result in increasing diversification of police forces and lower property crime arrest rates for non-White civilians. The latter result may be indicative of a decrease in the frequency of police-civilian contact resulting from litigation.
What are the causes of police brutality?
These efforts have identified various core issues that contribute to police brutality, including the insular culture of police departments (including the blue wall of silence), the aggressive defense of police officers and resistance to change in police unions, the broad legal protections granted to police officers ( ...
Why is affirmative action?
Simply put, American society continues to suffer from racial inequality, so affirmative action provides more equitable opportunities for a top-notch college education. Racial inequality in the United States stems partly from the ongoing knock-on effects of past exclusion and discrimination.
What is affirmative action example?
Outreach campaigns, targeted recruitment, employee and management development, and employee support programs are examples of affirmative action in employment.
What is diversity law enforcement?
Diversity is concerned with representation and perspectives; when an organization establishes equity, it demonstrates that it values inclusion and diversity. Doing so is essential to law enforcement operations and their effectiveness within the community.
Why is affirmative action important in law enforcement?
Affirmative action proves a commitment to the principle of equality. Affirmative action improves police-community relations, as explained earlier. Affirmative action eradicates past societal discrimination without threatening the job security and careers of all other people unaffected by past discrimination.
Is affirmative action justified in law enforcement?
Affirmative action is morally justifiable in general, and its specific application to the police has advantages for law enforcement. Pervasive and massive racial and sexual discrimination has existed in the United States.
When did police brutality start?
The first use of the term in the American press was in 1872 when the Chicago Tribune reported the beating of a civilian who was under arrest at the Harrison Street Police Station.
What is the difference between excessive force and police brutality?
Police brutality, as is sounds, relates to when specifically law enforcement uses too much force, usually during an arrest. Therefore, excessive force has a broader scope of applicability than police brutality; however, you can recover damages for both.
Which countries have police brutality?
ListCountry (or dependent territory, subnational area, etc.)RegionRate per 10 million peopleUnited StatesAmericas28.54AngolaAfrica34.7ColombiaAmericas34.154 more rows
What is disparate discrimination?
The EEO defines this type of discrimination as: “Inconsistent application of rules and policies to one group of people over another.” In 1977, the U.S. Supreme Court defined disparate treatment as discriminatory acts in which “ [t]he employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin.” Proving disparate treatment often involves proving that the employer’s decision was motivated by the employee’s protected trait.
Why are anti-discrimination laws unlawful?
Federal anti-discrimination laws make it unlawful to discriminate against anyone on the basis of certain characteristics. Because these characteristics are protected by law, people having these traits or qualities are considered to be in a protected class.
What is disparate treatment?
Disparate treatment is a claim of discrimination in which an individual complains to have been treated differently than other people in a similar situation, but who don’t share the individual’s protected class. Disparate treatment is a common element of proving employment discrimination, but it occurs in other areas of life as well, ...
How can a person be treated differently?
There are two ways in which a person may be treated differently, or “disparately,” for purposes of discrimination actions: (1) disparate treatment, and (2) disparate impact. The difference between the two has to do with intent and effect.
Why was EEO enacted?
Equal Employment Opportunity (“EEO”) laws were enacted to correct a pattern of unequal treatment of women and minorities. As the definition of protected class has expanded, it has become clear that everyone belongs to some protected class, and may be protected from discrimination by federal law.
What does "discriminatory treatment" mean?
Noun. Treatment of an individual that is less favorable than treatment of others, for a discriminatory purpose. Discriminatory treatment of an employee for reasons of his inclusion in a protected class.
What does discrimination mean in employment?
The term means that an employee was treated differently than other employees similarly situated, though in a legal sense, the different treatment must be based on the individual’s inclusion in a protected class. Discrimination is prohibited by the U.S. Constitution, and as such, the wronged person may take his case before the employment board, ...
Why do law enforcement agencies discourage underrepresented communities from applying to be officers?
Strained relations and a lack of trust of law enforcement may deter individuals from underrepresented communities from applying to be officers. The reputation or operational practices of law enforcement agencies may dissuade applicants from underrepresented communities from pursuing a career in law enforcement.
How can law enforcement agencies increase diversity?
Promising Practices for Increasing Diversity. By adopting proactive and intentional recruitment, hiring, and retention strategies, law enforcement agencies can address barriers, drive reform, and make progress in ensuring that their workforces better reflect the diversity of the communities they serve.
What is CPE in law enforcement?
CPE - as part of its work in this effort - engaged with six law enforcement agencies to explore in greater detail their efforts related to the recruitment, hiring, and retention of racial minorities, women, and other underrepresented populations. This section highlights each of those agencies and provides a description of the promising practices they follow that are likely responsible for their success in attracting and maintaining a diverse and representative police force. Each agency was invited to discuss practices related to recruitment, hiring, and retention; this report highlights their most compelling endeavors across one or more of these areas. The case studies and examples referenced below highlight successful practices, but every agency interviewed also recognized the need for further progress to more closely reflect the diversity of the communities they serve.
What is the advancing diversity initiative?
The Advancing Diversity in Law Enforcement initiative was premised on engagement with those who have firsthand experience confronting the challenges related to advancing diversity in law enforcement. To that end, the teams undertaking this effort - at the Department of Justice, the EEOC, and CPE - engaged law enforcement agencies along with other stakeholders through a variety of efforts. Those efforts are broadly discussed in this section.
What is the purpose of the Civil Rights Act of 1964?
Federal civil rights laws - mostly notably Title VII of the Civil Rights Act of 1964 (Title VII) - provide a number of protections that prohibit public employers, including law enforcement agencies, from engaging in employment discrimination. [118] This appendix provides an overview of trends identified and lessons learned through the enforcement of these laws, including as a result of the Federal government's litigation experience and enforcement work combating discrimination and advancing diversity in state and local law enforcement agencies. [119] A review of this case law also provides helpful insights into practices that interfere with the recruitment, selection, and retention of qualified women and minorities in state and local law enforcement agencies. Agencies can use these examples as part of their efforts to evaluate their own processes and review whether they are legally compliant and whether they can be improved. [120]
What is the holistic view of law enforcement?
Agencies are increasingly adopting a holistic view of what skills and strengths an applicant brings to a law enforcement agency, in part by being willing to reevaluate information revealed during background checks, including previous drug use.
Why do law enforcement agencies do background checks?
For that reason, law enforcement agencies, like many other employers, also often utilize extensive background checks as part of their selection processes, including information relating to criminal history. However, an employer's use of criminal background information can violate either the intentional or disparate impact provisions of Title VII, depending on how that information is used. When using criminal background checks, employers should consider the nature of the crime, the time elapsed, and the nature of the job. While some applicants have succeeded in challenging criminal background check policies as having unlawful disparate impacts on the basis of race or national origin, cases bringing these types of claims against law enforcement agencies have generally not been successful in court. [147]
Definition of Disparate Treatment
What Is Disparate Treatment
- Disparate treatment is a claim of discrimination in which an individual complains to have been treated differently than other people in a similar situation, but who don’t share the individual’s protected class. Disparate treatment is a common element of proving employment discrimination, but it occurs in other areas of life as well, such as loan ap...
Disparate Treatment vs. Disparate Impact
- There are two ways in which a person may be treated differently, or “disparately,” for purposes of discrimination actions: (1) disparate treatment, and (2) disparate impact. The difference between the two has to do with intent and effect.
Proving A Disparate Treatment Complaint
- Proving a claim of disparate treatment does not require proof beyond doubt. Rather, it requires the individual complaining of discrimination (the “plaintiff”) to make a prima facie case, which means he has to provide sufficient evidence to the court that there is at least the appearanceof discrimination. The employer must then defend its actions, providing evidence of a reasonable, …
Disparate Treatment Example in Firefighter Promotions
- In 2003, the New Haven Connecticut Fire Department needed to fill 15 management positions, having 7 openings for Captain, and 8 openings for Lieutenant. Like most civil service organizations, hiring is done by a “Rule of Three,” in which a civil service examination is given, after which the department chooses from the three highest-scoring applicants on the list. The Ci…
Related Legal Terms and Issues
- Civil Lawsuit– A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.
- Defendant– A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
- Discrimination– The practice of unfairly treating different categories of people, especially on …
- Civil Lawsuit– A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.
- Defendant– A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
- Discrimination– The practice of unfairly treating different categories of people, especially on the grounds of ethnicity, national origin, gender, race, religion, and sexual orientation.
- Front Pay– Employment compensation for the period between judgement ordering reinstatement, and actual reinstatement. Front pay is, like back pay, an award of lost earnings.
U.S. Department of Justice Equal Employment Opportunity Commission
Acknowledgments
- The Advancing Diversity in Law Enforcement initiative was undertaken as a joint effort between the Department of Justice's Civil Rights Division and the EEOC. We thank the staff and leadership teams from both agencies who contributed significant time, resources, and expertise in producing the final report. In particular, we want to acknowledge the Civil Rights Division's Employment Liti…
Executive Summary
- Tragic events over the past several years - including officer-involved shootings and attacks on law enforcement officers, and the demonstrations and protests these incidents have spawned - have captured the public's attention and driven a host of policing issues from the periphery to the center of our public dialogue, including a renewed focus on increasing diversity in the nation's la…
I. Introduction
- A. Background
During the summer of 2014, the nation's attention turned to the small city of Ferguson, Missouri, which was embroiled in protests and civil unrest following the tragic shooting of Michael Brown, an 18-year-old African-American resident, by a white officer from the Ferguson Police Departme… - B. Advancing Diversity in Law Enforcement Initiative
While the Department of Justice and EEOC continue to lead robust enforcement, data analysis, and technical assistance efforts to address diversity in law enforcement, we also recognize that these efforts, by themselves, cannot reach all of the more than 18,000 law enforcement agencie…
II. Why Diversity in Law Enforcement Matters
- The challenge of recruiting, hiring, and retaining a diverse workforce is certainly not limited to law enforcement. Throughout the country, in nearly every sector of society, people and organizations are grappling with this issue. Employers in a variety of industries have engaged in proactive efforts to expand opportunity and strengthen diversity.Yet this challenge remains particularly ur…
III. Current State of Diversity in American Law Enforcement
- There are approximately 18,000 Federal, state, county, and local law enforcement agencies in the United States. These agencies range from police departments employing just one sworn officer to departments with more than 30,000 officers. In 2008, the Department of Justice's Bureau of Justice Statistics (BJS) conducted a census of state and local law enforcement agencies. That …
IV. Project Methodology
- The Advancing Diversity in Law Enforcement initiative was premised on engagement with those who have firsthand experience confronting the challenges related to advancing diversity in law enforcement. To that end, the teams undertaking this effort - at the Department of Justice, the EEOC, and CPE - engaged law enforcement agencies along with other stakeholders through a va…
v. Barriers to Diversity
- As previously noted, law enforcement agencies across the country have long struggled to recruit, hire, and retain officers who are racial minorities, women, and members of other underrepresented populations. To be sure, law enforcement agencies, like all employers, face challenges in recruiting, hiring, and retaining high-quality employees, regardless of their demogr…
VI. Promising Practices For Increasing Diversity
- By adopting proactive recruitment, hiring, and retention strategies, law enforcement agencies can address barriers, drive reform, and make progress in ensuring that they more closely reflect the diversity of the communities they serve. In the section that follows, the report highlights promising practices - identified through existing online materials, independent research, and interviews - th…
VII. Case Studies
- CPE - as part of its work in this effort - engaged with six law enforcement agencies to explore in greater detail their efforts related to the recruitment, hiring, and retention of racial minorities, women, and other underrepresented populations. This section highlights each of those agencies and provides a description of the promising practices they follow that are likely responsible for t…