Prior to the creation
of the Department of
Homeland Security (DHS), while not non-existent, Federal assistance to
fire departments was not large (the Revenue Sharing Act allowed for
federal assistance to fire departments and had a significant
nondiscrimination provision. But that statute was repealed long
ago.) However after 9/11 and the creation of DHS, the Federal
government is once again providing significant assistance to fire
departments, see for example the
March 21, 2007
Federal Register announcing grants for fire departments and
nonaffiliated Emergency Medical Services (EMS) organizations to enhance
their ability to protect the health and safety of the public, as well
as that of first-responder personnel, with respect to fire and
fire-related hazards..
What is the significance of this for civil rights purposes? Well,
except for employment discrimination which is covered by Title VII of
the 1964 Civil Rights Act, discrimination of services offered by fire
departments was not covered by Title VI or other grant related
nondiscrimination statutes. Thus, for example:
- if a minority community
believed that it took longer for fire fighters to arrive at fires in
their communities as compared to non-minority communities, there was no
place to complain.
- if women believed they
were denied training in certain aspects of fire fighting, they had no
place to complain.
- if fire services were not
offered to those communities with significant numbers of individuals
with limited English proficiency, there was no place to complain.
Now they do. If for example, the Department of Homeland Security
provides grants for fire departments to provide training and that
training excludes women, one can complain to the
Department
of Homeland Security's Office of Civil Rights and Civil Liberties.
For example, for the grants announced on March 21st, that office should
ensure that grantees have signed nondiscrimination assurances and have
plans for services for LEP individuals. You can check with the
DHS
Office of Civil Rights and Civil Liberties to see if that has been
done.
Under
Executive Order 12250, the
Attorney General through the Civil Rights Division reports annually to
the President "through the Director of the Office of Management and
Budget {OMB] on the progress in achieving the purposes of this Order.
This report shall include any recommendations for changes in the
implementation or enforcement of the nondiscrimination provisions of
the laws covered by this Order." see Section
1-304, Executive Order 12250.
See what the Attorney General has to say
about how DHS is doing. These reports may be available for public
inspection.
Check
with the Civil Rights Division. It doesn't hurt to ask.