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65. The issue of residential segregation was directly observed by the Special Rapporteur, who
examined the issue in-depth in his visits outside the capital. Despite some progresses in the
1980-2000 period,48 they contributed little to change the overall static patterns of residential
segregation in the country. Furthermore, civil society noted that residential segregation has a
direct impact on school segregation and that the two problems should be tackled together.
E. Employment
66. Interlocutors stated that ethnic disparities in employment and, more generally, poverty
levels have fundamental consequences for the overall situation of racial and ethnic minorities in
the United States. Whereas the unemployment rate for non-Hispanic whites in 2007 was
5.2 percent, it was 12.6 percent for American Indians or Alaskan Natives, 12 percent for
African-Americans and 7.3 percent for Hispanics.49
67. While many interlocutors pointed these disparities in unemployment level as an indication
of the interplay of race and socio-economic status, concerns over forms of direct and indirect
discrimination in employment were also raised. One of the issues that was raised concerns the
legal remedies available to undocumented migrants (see subsection III.h). Another issue of
concern regards the lack of protection for certain occupations, particularly domestic and
agricultural workers, which disproportionately affect Africa-Americans and Hispanics. In some
cases, these occupations may be excluded from the legal protections offered by a number of
statutes, such as minimum wages, overtime pay and job safety.
68. Civil society organizations pointed to inadequate enforcement of Title VII of the Civil
Rights Act of 1964, which prohibits employment discrimination based on race, color, religion,
sex and national origin, highlighting a the limited number of Title VII cases filed by the Civil
Rights Division of the Department of Justice. In particular, reference was made to the low
percentage of cases referred to the Civil Rights Division by the EEOC that are actually taken up.
F. Discrimination in the aftermath of the events of 11 September 2001
69. The Special Rapporteur met with several representatives of the Arab, Sikh, Middle Eastern
and South Asian communities in the United States to hear their views concerning the situation
after 9/11. Their common view was that their situation had deteriorated quickly in the aftermath
of 9/11, particularly due to the extension of national security measures that in their view
discriminate against these communities. One of the major concerns regards instances of racial
profiling, particularly in airports, as well as programs such as NSEERS (see section III.A above).
48
See U.S. Census Bureau, Racial and Ethnic Residential Segregation in the United States:
1980-2000. Available at http://www.census.gov/hhes/www/housing/housing_patterns/pdf/
censr-3.pdf.
49
U.S. Census Bureau, 2007 American Community Survey.