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October 15, 2014 0

The Shepard-Byrd Hate Crimes Prevention Act: Five Years Later

The Matthew Shep­ard and James Byrd, Jr. Hate Crimes Pre­ven­tion Act (HCPA), enacted into law on Octo­ber 28, 2009, is the most impor­tant, com­pre­hen­sive, and inclu­sive fed­eral hate crime enforce­ment law passed in the past 40 years.Matthew_Shepard_and_James_Byrd,_Jr._Hate_Crimes_Prevention_Act

The HCPA encour­ages part­ner­ships between state and fed­eral law enforce­ment offi­cials to more effec­tively address hate vio­lence, and pro­vides expanded author­ity for fed­eral hate crime inves­ti­ga­tions and pros­e­cu­tions when local author­i­ties are unwill­ing or unable to act.  Impor­tantly, the HCPA adds sex­ual ori­en­ta­tion, gen­der, gen­der iden­tity and dis­abil­ity to the groups which pre­vi­ously had fed­eral pro­tec­tion against hate crimes – race, color, reli­gion and national origin.

For more than a dozen years, the Anti-Defamation League led a broad coali­tion of civil rights, reli­gious, edu­ca­tional, pro­fes­sional, law enforce­ment, and civic orga­ni­za­tions advo­cat­ing for the HCPA. The leg­is­la­tion was stalled by fierce oppo­si­tion from some con­ser­v­a­tive orga­ni­za­tions — and, for eight years, by Pres­i­dent George W. Bush — in large part because it pro­vided new author­ity for the FBI and the Jus­tice Depart­ment to inves­ti­gate and pros­e­cute cases in which mem­bers of LGBT com­mu­ni­ties were tar­geted for vio­lence.  Ener­getic sup­port by Pres­i­dent Barack Obama and Attor­ney Gen­eral Eric H. Holder, Jr.  was essen­tial to achiev­ing final pas­sage of the measure.

The HCPA has proven to be a valu­able tool for fed­eral pros­e­cu­tors.  The Depart­ment of Jus­tice has brought more than two dozen cases over the past five years – and has suc­cess­fully defended the con­sti­tu­tion­al­ity of the Act against sev­eral con­sti­tu­tional chal­lenges.

Enact­ment of the HCPA also sparked a wel­come round of police train­ing and out­reach – and the devel­op­ment of a num­ber of sig­nif­i­cant new hate crime train­ing and pre­ven­tion resources, includ­ing an updated Hate Crime Model Pol­icy pre­pared by the Inter­na­tional Asso­ci­a­tion of Chiefs of Police.

Yet, much work remains to be done.  Hate crimes remain a seri­ous national prob­lem. In 2012 (accord­ing to the most recent data avail­able) the FBI doc­u­mented more than 6,500 hate crimes – almost one every hour of every day. The most fre­quent were moti­vated by race, fol­lowed by reli­gion and sex­ual ori­en­ta­tion.  Of the crime moti­vated by reli­gion, more than 60 per­cent tar­geted Jews or Jew­ish institutions.

Unfor­tu­nately, more than 90 cities with pop­u­la­tions over 100,000 either did not par­tic­i­pate in the FBI 2012 data col­lec­tion pro­gram or affir­ma­tively reported zero (0) hate crimes. That is unac­cept­able. As FBI Direc­tor James B. Comey said in remarks to the 2014 ADL Lead­er­ship Sum­mit, “We must con­tinue to impress upon our state and local coun­ter­parts in every juris­dic­tion the need to track and report hate crime. It is not some­thing we can ignore or sweep under the rug.”

The fifth anniver­sary of the HCPA pro­vides an impor­tant teach­able moment.  It is a fit­ting occa­sion for advo­cates, the Obama Admin­is­tra­tion, and Con­gress to pro­mote aware­ness of the HCPA, to report on the progress our nation has made in pre­vent­ing hate vio­lence, and to reded­i­cate our­selves to effec­tively respond­ing to bias crimes when they occur.

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September 4, 2014 3

Microaggressions Feel Like Broken Glass, So ADL Partnered with MTV

mtv_Look_Different_03

I can’t tell Asians apart.

You’re dif­fer­ent for a Black guy.

You don’t look Jewish. 

Microag­gres­sions. They are every­day slights, indig­ni­ties, put-downs and insults that peo­ple of color, women, LBGT pop­u­la­tions and other mar­gin­al­ized peo­ple expe­ri­ence in their day-to-day inter­ac­tions.  Their impact is often unin­tended, sub­tle or seen as innocu­ous, which makes it easy to dis­miss them or tell peo­ple who object that they are being “too sensitive.”

 

Have you expe­ri­enced them?  Have you said them?

ADL has part­nered with MTV on its “Look Dif­fer­ent” cam­paign to address the issue of microag­gres­sions and other aspects of hid­den bias.  Because while the name “micro” gives the impres­sion they are small and the intent of the per­son say­ing them may be benign, the cumu­la­tive impact can be sub­stan­tial.  And stud­ies reveal that racial microag­gres­sions have pow­er­ful detri­men­tal con­se­quences.

MTV’s recent PSAs, Bro­ken Glass, visu­ally illus­trate the impact of microag­gres­sions — which can be like a plate of glass hit­ting you and break­ing, cre­at­ing tiny lit­tle cuts that alone can seem harm­less, but col­lec­tively cre­ate a sig­nif­i­cant neg­a­tive impact.  This cam­paign serves not only to edu­cate about the impor­tance of address­ing microag­gres­sions, but also to val­i­date those who have expe­ri­enced microag­gres­sions. Youth have responded on the campaign’s tum­blr with com­ments like “I get ‘You don’t look Jew­ish!’ a lot. Like it’s some­thing to be happy about. ::shud­der::,” “I laugh about it when it hap­pens, but this pic­ture is exactly how it feels” and “the per­fect visual rep­re­sen­ta­tion of microag­gres­sions,” show­ing the impor­tance of see­ing one’s expe­ri­ence affirmed.

We believe it’s impor­tant to edu­cate peo­ple in a vari­ety of ways and meth­ods.  Whether in the class­room or on tum­blr or Twit­ter, the dia­logue is impor­tant and can influ­ence people’s self-reflection on their own biases as well as help them develop the skills to edu­cate oth­ers.  That’s why, in addi­tion to our own edu­ca­tion efforts, like our recent Cur­rent Events Class­room on Microag­gres­sions,we joined other experts on race, gen­der and LGBT issues to sup­port MTV’s Look Dif­fer­ent cam­paign with the poten­tial to reach more than a half-billion house­holds glob­ally and 188 mil­lion fol­low­ers on social media.  We are proud to have rep­re­sen­ta­tives on both the Look Dif­fer­ent Advi­sory Board and the “Good Look Panel.”

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August 28, 2014 0

Moving Forward From Ferguson

“His­tory sim­mers beneath the sur­face in more com­mu­ni­ties than just Fer­gu­son,” Attor­ney Gen­eral Eric Holder aptly rec­og­nized dur­ing his visit there. The con­ver­sa­tion about Fer­gu­son can­not start with the death of Michael Brown, a young unarmed black man shot to death by a white police offi­cer.  Though tragic in and of itself, the story goes back much further.ferguson-civil-rights

It is a sad tru­ism that America’s laws—and the peo­ple charged with enforc­ing them—have not always pro­tected com­mu­ni­ties of color.  In the infa­mous Dred Scott case, which orig­i­nated just miles from Fer­gu­son, the Supreme Court shame­fully ruled in 1857 that African Amer­i­cans had “no rights which the white man was bound to respect.”  Though the case served as a cat­a­lyst for the Civil War and the 13th, 14th and 15th Amend­ments rat­i­fied shortly there­after to super­sede the rul­ing, deep-seated racism continued.

Jim Crow laws seg­re­gated soci­ety and rel­e­gated African Amer­i­cans to second-class cit­i­zens. Lynch­ings ter­ror­ized com­mu­ni­ties.  All too often not only did law enforce­ment fail to pro­tect African Amer­i­can com­mu­ni­ties, but police offi­cers par­tic­i­pated in the lynch mobs.  Dur­ing the Civil Rights Move­ment, now-infamous images cap­tured police offi­cers using dogs, fire hoses and billy clubs against peace­ful protestors.

Since the Civil Rights Move­ment half a cen­tury ago we have worked hard as a nation to move towards a more just and equal soci­ety. We have come a long way, but Fer­gu­son stands as a stark reminder that we still have a long way to go.

In address­ing the cri­sis in Fer­gu­son, the first step must be open and respect­ful dia­logue.  We can­not move for­ward unless and until we face the past.  Part of that dis­cus­sion must be about the role of law enforce­ment and their rela­tion­ship with the com­mu­ni­ties they have sworn to serve and protect.

Since 1999 the Anti-Defamation League, in part­ner­ship with the United States Holo­caust Museum, has con­ducted train­ings for law enforce­ment—from police chiefs and the head of fed­eral agen­cies to recruits and new FBI agents—exploring what hap­pens when police lose sight of the val­ues they swore to uphold and their role as pro­tec­tors of the  peo­ple they serve. By con­trast­ing the con­duct of police in Nazi Ger­many, and the role that law enforce­ment is expected to play in our democ­racy, the pro­gram under­scores the impor­tance of safe­guard­ing con­sti­tu­tional rights, build­ing trust with the peo­ple and com­mu­ni­ties they serve, and the tragic con­se­quences when there is a gap between how law enforce­ment behaves and the core val­ues of the profession.

We know from our work that the vast major­ity of offi­cers care deeply about the com­mu­ni­ties they serve.  But that is not to say police are infal­li­ble.  None of us is.  And there are cer­tainly some within law enforce­ment who engage in mis­con­duct, as is the case in every pro­fes­sion.  But the bad acts of some can­not and do not define law enforcement.

Amer­ica is strongest and safest when there is mutual under­stand­ing and trust between law enforce­ment and com­mu­ni­ties.  We must seek to build those bridges by rec­og­niz­ing our trou­ble­some past, acknowl­edg­ing the prob­lems per­sist­ing today, and com­mit­ting to changes that move us for­ward to a more per­fect union.

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