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has been a 12 per cent increase in successful prosecutions of criminal civil rights
violations since 2001. The Department has prosecuted more than 90 discriminatory
backlash hate crimes since 11 September 2001. It has also prosecuted 43 non-11
September-related hate crimes cases since 2001 and initiated over 600 additional hate
crime investigations into incidents not related to 11 September.
310. In relation to the case of Rashid Alam, who was assaulted by a group of
teenagers on 22 February 2003 in Yorba Linda, California, the Government informed
the Special Rapporteur that the Brea Police Department in Orange County, California,
investigated the case and that, on 29 May 2003, the District Attorney filed complaints
against three juvenile defendants. On 8 October 2003, the Brea Police Department
was notified that the case had been adjudicated pursuant to California judicial
processes. As the charges involved juvenile offenders, no further information about
the case was available. Civil suits related to the incident were ongoing, highlighting
the fact that United States civil courts provide an additional means of redress for these
types of offences.
311. With regard to the alleged several cases of attacks or planned attacks on places
of worship referred to by the Special Rapporteur, the Government reported that on 19
November 2001, four individuals went to the Gobind Sadan temple, associated with
the Sikh religion, in Oswego, New York. The individuals carried out acts of criminal
mischief and two of them set fire to the building, resulting in more than $125,000 in
damage. Following a joint investigation conducted by the New York State Police, the
Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation,
authorities determined that these acts had been committed in retribution for the
terrorist attacks of 11 September 2001. Two individuals were charged with felony
counts of criminal mischief and were sentenced to jail sentences, probation, and fines
of $1,000. In May 2002, the other two individuals were charged with arson and
reckless endangerment and were sentenced to 3-12 years' imprisonment.
312. With regard to the allegations of employment discrimination, the Government
indicated that between 11 September 2001 and 11 February 2004, the Equal
Employment Opportunity Commission (EEOC) received 904 charges by individuals
alleging that they were victims of backlash discrimination by individuals who are or
who are perceived to be Muslim, Arab, Afghani, Middle Eastern, South Asian, Sikh,
or other groups that might be the target of such actions following the events of 11
September 2001. The two most common allegations in those charges were harassment
and discharge. Thus far, the EEOC had recovered over $2.2 million in monetary
benefits for individuals aggrieved by post-9/11 backlash discrimination in
employment through its enforcement, mediation, conciliation, and litigation efforts.
The Commission is a five-member body that enforces Title VII of the Civil Rights
Act of 1964. Its mission is to eliminate unlawful employment discrimination,
including religious discrimination. It has been at the forefront of the federal
Government in conducting vigorous outreach and education to both the employer and
labour communities at the national and grass-roots levels to prevent such
discrimination and promote voluntary compliance with the law. Title VII prohibits
employers from discriminating against individuals because of their religion in hiring,
firing, and other terms and conditions of employment. Title VII covers employers
with 15 or more employees, including state and local governments. It also applies to
employment agencies and to labour organizations, as well as to the federal