On May 5, 2008, the Equal Employment Opportunity Commission (EEOC) announced, in a press release, that the EEOC settled a racial harassment lawsuit involving hangman’s nooses, KKK graffiti and racial slurs at a construction site in Pennsylvania.  See,  EEOC Press Release,  http://www.eeoc,gov/press/5-5-08.html , 5/5/08.  The EEOC said that the racial harassment included a life size noose made of heavy rope hung from a beam, the regular use of the “N-word,” racially offensive comments made to black individuals, including “I think everyone should own one,” as well as racist graffiti such as “coon,” and “I love the Ku Klux Klan.”  Id.  The EEOC’s Philadelphia District Director, who oversaw the investigation that preceded the lawsuit, said “It should be obvious to construction companies that employees in this industry have the same legal protections against discrimination as those who work in an office setting.”  Id.  A trial attorney responsible for handling the lawsuit for the EEOC added as follows: “The class members had the courage to come forward and complain, first to supervisors, who did not take action, and then to the EEOC, which did.”  Id.

Whether construction company race discrimination occurs in Beaumont, Dallas, Houston or elsewhere, victims of construction site racial harassment and race discrimination are protected by federal law and can report race discrimination in the construction industry to the EEOC and consult an attorney to investigate whether a race discrimination lawsuit in Beaumont, Dallas, Houston or elsewhere may ultimately be appropriate under the facts and circumstances of the potential construction site race discrimination case.

Whether racial profiling occurs in Houston, Dallas, El Paso, San Antonio or elsewhere, it is intolerable in a civilized society and victims of racial profiling can consult an attorney and also make written complaints, documenting the occurrence and placing law enforcement and responsible employers on notice of racial harassment.  In addition, victims of racial profiling may contact the American Civil Liberties Union or visit the ACLU website at http://www.aclu.org to voice their complaints and seek information about their rights and what steps they can take to document and expose the misconduct.

In this regard, an August 6, 2008 ACLU press release about the ACLU’s “Report on Racial Profiling in Louisiana” discusses the results of a year-long study on racial profiling in Louisiana that looked at data from local law enforcement agencies and information gathered from victims of racial profiling in Louisiana.  See, ACLU Press Release, “ACLU Releases Report On Racial Profiling In Louisiana,” http://www.aclu.org , 8/6/08.  According to the ACLU’s Racial Justice Fellow, Liza Grote, the ACLU’s studies “show that in many cases these stories are true, and that people of color are not treated equally by law enforcement.”  Id.

The ACLU’s report tells victim stories and analyzes arrest and population data from law enforcement agencies in certain Louisiana parishes, concluding that people of color are arrested at a rate higher than their representation in the population.  Id.  “The most extreme example of racial profiling was found in the towns of Bunkie, where people of color are 3.8 times more likely to be arrested than white people, and Mansfield, where people of color are 2.9 times more likely to be arrested than whites.”  Id.

“Racial profiling is wrong and is ineffective policing,” said Marjorie Esman, Executive Director of the ACLU of Louisiana.  Id.  The press release also quoted the ACLU’s King Downing, who said: “Unfortunately, the report’s data from some of Louisiana’s law enforcement agencies mirrors data from police departments across the country that have been found to commit blatant racial profiling.”  Id.

The report goes on to lay out specific steps law enforcement and community members may take to vigorously move toward ending racial profiling in Louisiana.  Id.  One way includes agreeing to collect racial data on all traffic stops that can be accomplished by the Louisiana legislature mandating all law enforcement agencies to collect racial data on all traffic stops regardless of whether the law enforcement agency has a written policy against racial profiling.  Id.  Citizens and racial profiling witnesses can also help end racial profiling discrimination and harassment by documenting and reporting incidents of racial injustice.

See, http://www.aclu.org/racialjustice/racialprofiling/36358prs20080806,html?s_src=RSS

Racial profiling by law enforcement and others is not limited exclusively to blacks and can, for example, impact people who are Muslim, Arab, Asian and Hispanic.  In February, 2008, the Center for Constitutional Rights (CCR) released a challenge pertaining to racial profiling and illegal detentions of Muslim, Arab, and South Asian men, citing attorneys calling for officials to be held accountable for deprivation of constitutional rights as a result of round-ups that prompted a class action lawsuit filed in 2002.  See, CCR Release, Jen Nessel, http://www.commondreams.org/cgi-bin/newsprint.cgi?file=/news2008/0214-16.htm , 2/14/08.  In addition, Arizona law enforcement has seen recent lawsuits pertaining to Hispanics alleging violations of their civil rights as a result of alleged racial profiling. 

Consequently, racial profiling victims can include not only African-American citizens but also people who are Hispanic, Muslim, Arab and Asian.  Victims of racial profiling may contact an attorney regardless of whether the alleged racial profiling occurred in Houston, Dallas, El Paso, San Antonio or elsewhere in the United States in order to talk about the incident and determine if the incident may give rise to a claim for damages in Houston, Dallas, El Paso, San Antonio or elsewhere.  Just as significant, an important step toward ending mistreatment of people based on color can, when possible, begin with documenting and reporting racial harassment to law enforcement and any other responsible employers, including, but not limited to, companies or businesses who participate in or ignore occurrences of consumer racial profiling in the marketplace.

According to a recent edition of the Houston Press, illegal immigrants are subject to pain and death at the hands of their “rescuers” if they do not pay up in full.  See, Vogel Chris,”Torture Squad,” Houston Press, Vol. 20, No. 32, August 7 - 13, 2008, p. 13.  While life is perceived as better in the United States, migrants must risk being tortured or killed by the people who get them to this country.  Id @ p. 14.  So-called people smugglers carry guns, change prices on a whim, extort money and have little or no sympathy for their human cargo.  Id.  Since there currently is no system whereby migrants can safely and flexibly enter the United States, human smugglers become increasingly important regardless of their behavior.  Id. As reported in the article, smugglers stash people throughout Houston in hotels, motels, trailer parks and private homes.  Id. 

In February, 2008, for example, the article states that five Mexican nationals and one Honduran pled guilty in federal court after ICE agents found them holding 44 illegal immigrants at a house in Houston and another 13 at a Houston business.  Id. @ 16. One human smuggler was sentenced in April after crashing his SUV and killing five of his illegal immigrant passengers.  Id.  In another case, guilty pleas were entered by two Mexican Nationals and one Brazilian for conspiracy to harbor and transport illegal immigrants, one of whom claimed he had been hit with a baseball bat.  Id. Some cases can even involve federal agents.  Id. @ 16.

Human smuggling and the torture of illegal immigrants has, in the past, gone unreported but that might be changing since the people entering illegal are human beings.  The fact that they are here illegally does not justify torture and people, including migrants, are aware of consequences for smugglers and can be more willing to report human smugglers, who they may not know, when humans are being brutally abused.

Whether race discrimination and national origin harassment occurs in San Antonio, Dallas, Fort Worth, or Houston, employment discrimination on the basis of race or national origin is illegal and an attorney may be consulted by workplace discrimination victims to determine whether a discrimination lawsuit may ultimately be appropriate under the facts and circumstances of the specific potential case.

On March 11, 2008, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release from Dallas announcing the settlement of a race and national origin harassment lawsuit against Allied Aviation Services, Inc. on behalf of African-American and Hispanic workers who were allegedly the targets of racial slurs, graffiti, cartoons and hangman’s nooses at a facility in the Dallas and Fort Worth airport.  See, EEOC Press Release, http://www.eeoc.gov/press/3-11-08.html , 3/11/08.   In that case, the EEOC charged that African American and Hispanic employees were subjected to a racially hostile work environment consisting of verbal and other abuse by their co-workers on a daily basis, including racial graffiti, swastikas and the N-word.  Id.  The EEOC also alleged that there was a so-called “hit list” targeting blacks as well as references to the “back of the bus” and “going back to Africa.”  Id.  According to the EEOC, the settlement of the lawsuit “sends and important message to the aviation industry that racial graffiti and slurs are not appropriate in the workplace, whether in an office building or out on the tarmac.”  Id.

While Allied Aviation Services reported having about 250 employees at the Dallas Fort Worth Airport, it has, according to the press release, 3,000 employees throughout its entire organization.  Id.

Again, victims of employment discrimination in the United States, including employees in San Antonio, Dallas, Fort Worth, Houston or elsewhere, may contact an employment discrimination attorney and may also contact the EEOC since racial harassment and national origin harassment are prohibited in the workplace.

Whether a racial hate crime occurs in Houston or elswhere, hate crime victims may be able to assert civil damage claims to recover damages for their injuries or to deter future misconduct. Racial hate crime victims can consult an attorney to determine whether a civil lawsuit or other legal action is appropriate under the facts and circumstances of their potential cases.  Racial hate crimes can also be reported to law enforcement in Houston or elsewhere.

In this regard, the Los Angeles Times reported recently that hate crimes in Los Angeles County rose to their highest level in five years, led by attacks between Latinos and blacks, according to a report by the Los Angeles County Human Relations Commission.  See, Watanabe, Teresa, “Latino-v.-Black Violence Drives Hate Crimes in L.A. County To 5-Year High,” Los Angeles Times, http://www.latimes.com , 7/25/08.  According to the report, hate crimes in Los Angeles County rose by 28%, with vandalism and assault leading the way.  Id.  The largest number of racial hate crimes involved Latino suspects against black victims, and Latinos also made up the largest number of suspects in hate crimes based on sexual orientation.  Id.  The increase in hate crimes occurred even as crime in general declined, according to the Los Angeles Times article.  Id.

“One of the most worrisome findings, commissioners said was the rising number of hate crimes between Latinos and blacks — many of them driven by gang related hostility.” Id.  The article also pointed out that hate rhetoric is being perpetuated in part by as many as 110 white supremacist organizations nationwide.  Id.  In addition, sources cited in the news article reported that some Latino gang members who targeted blacks in the Harbor Gateway area of Los Angeles were found with neo-Nazi material and some Latino gangs were forming alliances with white supremacists in prisons to prey on blacks.  Id. 

See, http://www.latimes.com/news/local/la-me-hatecrime25-2008jul25,0,7191743.story

According to the Philadelphia Inquirer, a power plant company and three contractors on a construction project agreed to pay four men to settle a racial harassment lawsuit in which there were allegations that a life-size noose was hanging in their work area and that “I love the Ku Klux Klan” was scrawled inside portable toilets.  See, Jane M. Von Bergen, ”Settlement in Racial Harassment Suit,” Philadelphia Inquirer, 5/6/08. The suit had been filed in July, 2005 in a Philadelphia federal court.  Id.  One of the plaintiffs, an ironworker, reportedly quit his job because he feared he would be hurt.  Id.  For more information, see http://www.philly.com/inquirer/business

The United States Secret Service has, according to a posting at Bet.com, released a white agent after a black employee said he found a noose hanging at the main training facility near Washington, DC.  See, “Secret Disgrace,” http://www.bet.com/News , 5/1/08.  Edwin Donovan, an assistant special agent in charge of government and public affairs, wrote in an email response to Cox Newspapers, that the employee was placed on administrative leave pending an investigation by the internal affairs office.  Id.  According to the article, the noose incident comes at a time “when the agency is battling image problems concerning charges that it is a bastion of racial hostility.”  Id.  In this regard, a federal judge is supposed to decide next month whether to penalize the Secret Service for allegedly withholding evidence in a long-running civil lawsuit claiming discrimination.  Id.  The article states that the judge “already has sanctioned the agency three times since the lawsuit began” and the Secret Service is appealing those rulings.  Id.  The article went on to note that “in recent months, the service was criticized for allowing thousands to enter an arena in Dallas to hear [Barak] Obama speak without being properly searched.”  Id.

On October 29, 2007, the San Francisco Chronicle addressed the seeming increase or resurgence in the appearance of hangman’s nooses, a symbol of lynchings considered to be a death threat.  See, Fulbright, Leslie, “Resurgence of Nooses Reminds African Americans of Past Horrors,” San Francisco Chronicle, 10/29/07, p. A-1.  According to Leslie Fulbright’s well written article, there has been a resurgence of nooses across America since a noose hanging in a schoolyard in Jena, Louisiana triggered a civil rights firestorm in Jena.  Id. After the Jena incident, nooses were found elsewhere, including a post office, a hospital, on a professor’s door, in a Coast Guard Cadet’s bag, at a fire station and on a bronze sculpture of a deceased rapper, Tupac Shakur.  Id. A review of the Hate Crimes section of articles posted in this website identifies additional reported incidents involving the hangman’s noose.  As the San Francisco Chronicle article points out, the fear and anger the noose incites among African Americans are real.  Id.  Indeed, Fulbright’s research revealed that between 1882 and 1968 there were 4,743 documented lynchings in the United States in which most victims were beaten and hanged, often in public places with white families watching and taking pictures.  Id.  As the article indicates, no one was ever convicted of murder in connection with any of the deaths.  Id.  Fulbright’s article points out as well that, in 2005, the most recent available FBI hate crime statistics identified 3,919 racial hate crimes reported nationwide.  Id.  More than 67% - 2,630 - were against black people.  Id. While one source cited in the article, a professor, stated that a reason for selecting a noose could be that if one gets caught they can call it a prank, lynching is a history taken very seriously by blacks and murdering someone is illegal.  Id.   

The Dallas Morning News reported the arrest of a teenager in Alexandria, Louisiana when police allegedly found hangman’s nooses dangling from the rear of the teen’s pickup after he drove past a crowd of people who had attended a civil rights march earlier in the day.  See, Associated Press, “Teen With Noose Dangling from Pickup Arrested in La.,” http://www.dallasnews.com , 9/21/07.  The teen, who is white, was arrested on charges of inciting a riot, driving while intoxicated and contributing to the delinquency of a juvenile.  Id.  In addition, the teen allegedly told police he had a “KKK” tattoo on his chest and that some of his relatives were involved in the Ku Klux Klan.  Id.  According to a police officer quoted in the article, the crowd of about 200 people remained calm throughout the incident.  Id.  The incident took place only hours after tens of thousands of civil rights marchers demonstrated in Jena, Louisiana on behalf of six teens charged with beating a white school mate at Jena High School.  Id.  As reported in the article, nooses figured into the controversy that drew the tens of thousands of people to Jena.  Id.

WDEF Channel 12 reported in November, 2007 that a North Chattanooga business owner witnessed a construction worker displaying a hangman’s noose in direct view of her window.  See, Parrish, Tobias, “Hangman’s Noose Found in North Chattanooga,”   http://wdef.com/news , 11/22/07.  The business owner stated that she and a customer saw a man hanging over the edge of a building, and, according to the article, when the man finished, he looked at them, smiled and walked away.  Id.  The Chattanooga Police and the FBI were to investigate the incident.  Id.