Monthly Archives: April 2017

PRPCP Provides Testimony to New York City Council on Gender and Racial Equity Training

Press Release:
April 27, 2017

From:
Columbia Law School, The Public Rights/Private Conscience Project (PRPCP)

Subject:
Columbia Law School Think Tank Provides Testimony to New York City Council on Gender and Racial Equity Training

Contact:
Liz Boylan | eboyla@law.columbia.edu | 212.854.0167
Ashe McGovern | amcgovern@law.columbia.edu | 212.854.0161

______________________________________________

April 27, 2017—On Monday, April 24, Ashe McGovern, Legislative and Policy Director of Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) testified before the New York City Council Committee on Women’s Issues on a bill that would require several city agencies to undergo training on “implicit bias, discrimination, cultural competency and structural inequity, including with respect to gender, race and sexual orientation.”

McGovern’s testimony outlines the merits of the bill, and encourages the council to expand its requirements to all city agencies, as well as to private city contractors. Private organizations that contract with the city receive billions of taxpayer dollars and are the primary source of many city-funded services. Any bill intended to combat discrimination within city programs, therefore, should apply to contractors. In addition, the current bill mandates training for only three city agencies—the Department of Health and Mental Hygiene, the Administration for Children’s Services and the Department of Social Services/Human Resources Administration—despite the fact that all agencies and their grantees are in need of the proposed training.

The testimony also draws attention to the unique legal concerns and challenges that arise when faith-based organizations—which are exempted from certain provisions of New York City’s human rights law—contract with the city to provide vital services. PRPCP explains that clear training on all contractors’ legal duty to provide comprehensive and nondiscriminatory care is essential to ensuring that the city does not use public funds to subsidize discrimination.

“While this bill is an important step in the right direction, it is vital that all city agencies, and the private organizations they contract with, be subject to cultural competency training and more stringent oversight,” said McGovern. “Last year alone, New York City provided over $4 billion to private contractors so that they could meet the city’s social and human service’s needs. LGBTQ communities, those seeking reproductive healthcare, and communities of color experience unique vulnerabilities in accessing these vitally important services. The Council should be cognizant of those vulnerabilities and adopt proactive measures to ensure that all agencies and contractors, whether faith-based or secular, do not engage in discriminatory behavior.”

The PRPCP’s mission is to address contexts in which religious liberty rights conflict with or undermine fundamental rights to equality and liberty through academic legal analysis. PRPCP approaches the developing law of religion in a manner that respects the importance of religious liberty while recognizing the ways in which broad religious accommodations may violate the First Amendment’s Establishment Clause.

Read the full transcript of McGovern’s testimony, here: http://tinyurl.com/McGovern424Testimony

Access a .pdf of this Press Release here: http://tinyurl.com/PR-McGovern-Testimony-424

See the agenda of the April 24 Committee meeting here: http://tinyurl.com/April24NYCCouncilAgenda

For more information on the PRPCP, visit the PRPCP’s webpage, here: http://tinyurl.com/PRPCP-Columbia

Columbia Law School Think Tank Submits amicus brief in Transgender Rights Case

Press Release:
April 25, 2017

From:
Columbia Law School, The Public Rights/Private Conscience Project (PRPCP)

Subject:
Columbia Law School Think Tank Submits amicus brief in Transgender Rights Case

Contact:
Liz Boylan, eboyla@law.columbia.edu, 212.854.0167

______________________________________________

April 25, 2017 Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) and Willkie Farr & Gallagher LLP filed an amicus brief yesterday with the Sixth Circuit Court of Appeals in a case that raises the important question of whether employers can use religious liberty arguments to avoid compliance with federal non-discrimination laws. Specifically, it considers whether employers have the right to engage in sex discrimination if motivated by religious principles. The case, Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes Inc., was brought on behalf of Aimee Stephens, a funeral home director who was fired after she came out to her employer as a transgender woman. In an unprecedented decision, the trial court held that the funeral home owner’s religious opposition to Stephens’ gender transition and identity entitled the employer to an exemption from Title VII of the Civil Rights Act, which prohibits sex discrimination in the workplace.

The District Court’s opinion rested on an interpretation of the Religious Freedom Restoration Act (RFRA), which prohibits the federal government—in this case, the Equal Employment Opportunity Commission (EEOC)—from substantially burdening religious practice unless doing so is the least restrictive means of furthering a compelling government interest. According to the court, the EEOC should have advanced its interest in nondiscrimination in a way that was less burdensome to the employer’s belief that he “would be violating God’s commands if [he] were to permit one of the [Funeral Home’s] funeral directors to deny their sex while acting as a representative of [the Funeral Home].”

PRPCP’s amicus brief explains that the trial court’s interpretation of RFRA is unconstitutional. By requiring Stephens to adhere to her employer’s religious beliefs about gender, the accommodation would violate the Establishment Clause of the First Amendment, which protects individuals from having to bear the significant costs of a religious belief they do not share. In addition, the accommodation would force the EEOC to participate in—rather than fight against—sex discrimination.

“While federal law provides robust protections to religious liberty, those rights are not absolute,” said Katherine Franke, Sulzbacher Professor of Law and Faculty Director of PRPCP. “The right to religious liberty reaches its limit when the accommodation of religious liberty results in the imposition of a material burden on third parties, as is the case here.”

“The District Court opinion transforms the EEOC from an agency that prohibits discrimination to one that enables and enforces it,” said Elizabeth Reiner Platt, Director of PRPCP. “If upheld, this decision will devastate one of the country’s most important civil rights protections.”

The PRPCP’s mission is to address contexts in which religious liberty rights conflict with or undermine fundamental rights to equality and liberty through academic legal analysis. PRPCP approaches the developing law of religion in a manner that respects the importance of religious liberty while recognizing the ways in which broad religious accommodations may violate the First Amendment’s Establishment Clause.

Read a copy of the full amicus brief here:
http://tinyurl.com/PRPCP-4-24

Read the district court opinion here: http://www.mied.uscourts.gov/pdffiles/14-13710opn.pdf

For more information on the PRPCP, visit the PRPCP’s webpage, here: http://tinyurl.com/PRPCP-Columbia