Civil Rights and Equal Opportunity

Opposes, as contrary to the rule of law and our constitutional system of separation of powers, the misuse of presidential signing statements by claiming the authority or stating the intention to disregard or decline to enforce all or part of a law the President has signed, or to interpret such a law in a manner inconsistent with the clear intent of Congress. Presented by the Task Force on Presidential Signing Statements. Co-sponsored by the Criminal Justice Section, The Association of the Bar of the City of New York, San Francisco Bar Association, Section of State and Local Government Law, National Association of Criminal Defense Lawyers.
Approved August 2006

Recommends that prosecutors, investigators, and enforcement authorities should not, directly or indirectly, demand, request or encourage an entity to discipline, sanction or terminate any employee because of that employee's decision to exercise his or her Fifth Amendment right against self-incrimination. Presented by the Task Force on Attorney-Client Privilege. Co-sponsored by the New York State Bar Association, Section of Business Law, Tort Trial and Insurance Practice Section, General Practice, Solo and Small Firm Division, Section of Antitrust Law, Criminal Justice Section, Section of Litigation, Section of State and Local Government Law, Section of Labor and Employment Law, Young Lawyers Division, Section of Health Law, Section of Intellectual Property Law.
Approved August 2006

Supports the preservation of the attorney-client privilege and work product doctrine in connection with audits of company financial statements and urges the Securities and Exchange Commission and other relevant organizations to adopt standards, policies, practices and procedures and take other appropriate steps to ensure that attorney-client privilege and work product protections are preserved throughout the audit process. Presented by the Task Force on Attorney-Client Privilege. Co-sponsored by the Tennessee Bar Association, Section of State and Local Government Law, Bar Association of San Francisco, Section of Business Law, Tort Trial and Insurance Practice Section, General Practice, Solo and Small Firm Division, Section of Health Law, Section of Litigation, Section of Taxation, New York State Bar Association, Section of Labor and Employment Law, Young Lawyers Division.
Approved August 2006

Urges solo and small firm lawyers, attorneys, larger law firms, corporate law departments and government and military law offices to encourage their lawyers, partners as well as associates, to service their communities through pro bono and public service activities consistent with applicable rules of professional conduct and adopts Pro Bono Polices and Procedures, dates August 2006 to provide lawyers with opportunities to do pro bono work and to adopt specific internal policies and procedures to support such work. Presented by the Commission on Renaissance of Idealism in the Legal Profession. Co-sponsored by the Standing Committee on Pro Bono and Public Service, Stranding Committee on Legal Aid and Indigent Defendants, Senior Lawyers Division, Law Student Division, Section of State and Local Government Law, Government and Public Sector Lawyers Division, Section of Litigation, Standing Committee on the Delivery of Legal Services, Commission on Domestic Violence, Section of Health Law, Law Practice Management Section, Santa Clara County Bar Association, Section of Labor and Employment Law, Young Lawyers Division.
Approved August 2006

Urges law schools to require legal employers that recruit on campus to disclose, and to make available to the schools' students and alumni, specific information regarding the employer's pro bono policies practices and activities and urges law schools to adopt the Pro Bono Disclosure Requirements for Law School recruiters, dated August 2006. Presented by the Commission on Renaissance of Idealism in the Legal Profession. Co-sponsored by the Standing Committee on Pro Bono and Public Service, Standing Committee on Legal Aid and Indigent Defendants, Senior Lawyer Division, Law Student Division, Section of Litigation, Standing Committee on the Delivery of Legal Services, Commission on Domestic Violence, General Practice, Solo and Small Firm Division, Law Practice Management Section, Section of Labor and Employment Law, Young Lawyers Division.
Approved August 2006

Urges Congress to create and appropriate funds for a Commission to study and make findings relating to the present day social, political, and economic consequences of both slavery and the denial thereafter of equal justice under law for persons of African descent living in the United States authorizes the Commission to propose public policies or governmental actions, if any, that may be appropriate to address such consequences. Co-sponsored by the Council on Racial and Ethnic Justice, Commission on Racial and Ethnic Diversity in the Profession.
Approved February 2006

Adopts the ABA Principles Relating to Juries and Jury Trials dated February 2005 and recommends that the appropriate entities review and revise, as appropriate, their respective Standards so as to eliminate any conflicts with the Principles and urges state, local and territorial bar associations to improve the management of jury trials by promoting the implementation of the Principles. Presented by the American Jury Product. Co-sponsored by the Criminal Justice Section, the State Bar of Arizona, the New Jersey State Bar Association, the Section of Litigation, the Section of Business Law, the Section of Individual Rights and Responsibilities, and the Young Lawyers Division.
Approved as Revised and Amended February 2005

Urges states, territories and the federal government to strive to eliminate actual and perceived racial and ethnic bias in the criminal justice system and recommends the establishment of Criminal Justice Racial Task Forces to reduce or eliminate racial disparities at each stage of the criminal justice process. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
Approved August 2004

Urges states, territories and the federal government to ensure that prisoners are effectively supervised in safe and secure environments and to implement policies and programs to prepare prisoners for release back into the community and to identify legal barriers for reentry of convicted persons. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
Approved as Revised August 2004

Opposes any federal enactment that would restrict the ability of a state to: (a) prescribe the qualifications for civil marriage between two persons within its jurisdiction; or (b) determine when effect should be given to a civil marriage validly contracted between two persons under the laws of another jurisdiction. Co-sponsored by the Section of Family Law, the Steering Committee on the UNMET Legal Needs of Children, the National Lesbian and Gay Law Association, the Section of Administrative Law and Regulatory Practice, and the Young Lawyers Division.
Approved February 2004

Endorses the revised Standards for the Establishment and Operation of Ombuds Offices, dated February 2004. Presented by the Section of Administrative Law and Regulatory Practice. Co-sponsored by the Section of Individual Rights and Responsibilities, the Section of Business Law, the Section of Dispute Resolution, the Section of Labor and Employment Law, and the Section of State and Local Government Law.
Approved as Revised February 2004

Opposes efforts to repeal the sunset provision of the USA PATRIOT Act of 2001, and urges Congress to conduct a thorough review of the implementation of the powers granted to the Executive Branch under the Act before considering any extension or expansion of surveillance authority under the Act.
Approved August 2003

Urges state, local, and territorial bar associations, judges, prosecutors, defenders, and police to address disparate treatment of racial and ethnic minority youths in the justice system, and encourages state and local bar associations and law enforcement to instill public confidence in the fairness of the justice system by ensuring the fair treatment of all youths. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved August 2003

Opposes the text of the "Racial Privacy Initiative" or any similar measure which prohibits any public entity from collecting or sorting any data on the basis of race or ethnicity. The resolution was approved as amended. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Amended August 2003

Urges Congress to conduct regular and timely oversight of the government’s use of the Foreign Intelligence Surveillance Act (“FISA”) to ensure that FISA investigations do not violate the First, Fourth, and Fifth Amendments to the Constitution.
Approved as Revised February 2003

Urges that U. S. citizens and residents who are detained within the United States, based on their designation as “enemy combatants,” be afforded the opportunity for meaningful judicial review of their status, that they not be denied access to counsel in connection with the opportunity for such review, and that Congress establish clear standards and procedures governing their designation and treatment. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Revised February 2003

Recommends that Congress enact the Civil Rights Tax Relief Act (H.R. 840 and S. 917) or similar legislation that would provide relief to civil rights and employee complainants to exclude from gross income amounts received on account of claims based on certain unlawful discrimination, retaliation, and employment claims. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved February 2003

Supports federal, state, local, and territorial legislation that prohibits discrimination in housing against victims of domestic violence and urges all relevant federal, state, local, and territorial administrative agencies to adopt and vigorously enforce regulations to combat such discrimination. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved February 2003

Recommends standards to assist jurisdictions in developing a homeless court program to address the legal problems of the homeless and to link them with appropriate services and treatment programs. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as Revised February 2003

Encourages legislation to ensure that an unmarried surviving partner who shared a mutual, interdependent, committed relationship with a victim of terrorism or other crime can qualify for crime victim compensation and assistance funds provided by that government to eligible spouses.
Approved as revised August 2002

Urges protection of the rights of immigration detainees by: disclosing their names and whereabouts; allowing access to attorneys and family members; promptly charging and, when appropriate, releasing detainees; and holding custody hearings with the opportunity for appellate review. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved August 2002

Supports efforts to improve the response of the federal, state, territorial, and local governments of the criminal and civil justice systems to elder abuse, neglect, and exploitation. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved August 2002

Supports the enactment or amendment of welfare legislation to require constitutional protections in the administration of welfare programs. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised August 2001

Recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of the Election Administration Guidelines. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised August 2001

Opposes the involuntary transfer of detained immigrants and asylum seekers to facilities that impede an existing attorney-client relationship. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved February 2001

Urges Congress to repeal a 6.3 percent “user fee” in the Ticket to Work and Work Incentives Improvement Act of 1999. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved February 2000

Opposes legislation that would repeal the National Voter Registration Act. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved August 1999

Supports passage of federal, state, local, and territorial legislation requiring the systematic collection of, and annual reporting to, the United States Department of Justice and all appropriate state or territorial attorneys general, data by all federal, state, local, and territorial law enforcement agencies that engage in traffic stops. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved as revised August 1999

Supports the implementation of housing and community economic development initiatives and programs that would revitalize low and moderate-income communities and historically underserved populations. Co-sponsored by the Section of Individual Rights and Responsibilities.
Approved August 1999

Amends Goal IX of the American Bar Association to promote full and equal participation in the legal profession by minorities, women, and persons with disabilities. Jointly presented by the Commission on Mental and Physical Disability Law, the Commission on Women in the Profession, the Commission on Opportunities for Minorities in the Profession, Commission on Legal Problems of the Elderly, and the Young Lawyers Division. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved as revised February 1999

Urges Congress to provide adequate funding to enable the Equal Employment Opportunity Commission to carry out its congressionally-mandated duties to investigate, conciliate and take legal action to enforce laws prohibiting discrimination. Presented by the Section of Labor and Employment Law. Cosponsored by the Section of Individual Rights and Responsibilities.
Approved as revised February 1998

Supports principles to preserve and strengthen federal judicial independence and separation of powers, and urges the ABA to take the lead in the formation of a consortium of organizations dedicated to an independent judiciary and impartial system of equal justice. Presented by the Standing Committee on Federal Judicial Improvements. Cosponsored by the Section of Individual Rights and Responsibilities, the Section of Real Property, Probate and Trust Law, the Senior Lawyers Division, and the National Conference of Federal Trial Judges.
Approved as revised February 1998

Supports the principle that federal, state, territorial, and local governments permit the use of languages in addition to English to improve communication with government, to promote understanding of duties and responsibilities under the law, and to provide access to the justice system. Cosponsored by the Coordinating Committee on Immigration Law and Standing Committee of World Order Under the Law.
Approved August 1997

Urges jurisdictions that impose capital punishment not to carry out the death penalty without guaranteeing fairness, due process, and minimum risk to innocent persons. Jointly presented with the Section of Litigation, the New York State Bar Association, the Bar Association of San Francisco, and the Bar Association of the City of New York. Related recommendations sponsored by the Section Approved (8/87, 8/88, 2/89, 8/91); Withdrawn (8/76, 8/96); Not Approved (2/77).
Approved February 1997

Endorses legal remedies and voluntary actions that take into account as a factor race, national origin, or gender to eliminate or prevent discrimination. Presented jointly with the Commission on Opportunities for Minorities in the Profession, the Commission on Women in the Profession, the National Bar Association, the Hispanic National Bar Association, and the National Asian Pacific Bar Association. Cosponsored by the Chicago Council of Lawyers, the Steering Committee on Unmet Legal Needs of Children, the Commission on Homelessness and Poverty, the National Lesbian and Gay Law Association, the National Association of Women Lawyers, and the Section of Torts & Insurance Practice. Related recommendations sponsored by the Section Approved (8/75, 2/89).
Approved as Revised August 1995

Urges state and local bar associations to join the ABA in preventing homelessness by developing, supporting, and leading state and local initiatives, projects and programs. Jointly presented with the Commission on Homelessness and Poverty, the Steering Committee on the Unmet Legal Needs of Children and their Families, the Section of Litigation, the Association of the Bar of the City of New York, the Hispanic National Bar Association and the National Conference of Women’s Bar Associations. Cosponsored by the New York State Bar Association, the Bar Association of Metro St. Louis and the Commission on Women in the Profession.
Approved as Amended August 1994

Supports legislation that would restrict sale and possession of assault weapons to the military and law enforcement divisions. Jointly presented with the Bar Association of San Francisco, the Association of the Bar of the City of New York, the Philadelphia Bar Association, the Beverly Hills Bar Association and the Alameda County Bar Association. Cosponsored by the Criminal Justice Section.
Approved as Amended August 1993

Oppose any legislation requiring a woman to use a contraceptive or sterilization as a penalty for any conduct or as a condition of probation or parole or to be eligible for the receipt or the continuation of public benefits or the provision of financial incentives. Cosponsored by the Criminal Justice Section.
Approved as Amended August 1993

Urges legislation to encourage environmental equality so that a disproportionate share of the burden of environmental harm does not fall on minorities and/or low-income populations. Jointly presented with the Standing Committee on Environmental Law, the Commission on Homelessness and Poverty, the National Bar Association, and the Hispanic National Bar Association.
Approved as revised August 1993

Urges the inclusion of women and minorities, where appropriate, in all clinical trials performed by the National Institutes of Health and increased research on women’s health issues. Also supports carefully regulated fetal tissue transplant research. Cosponsored by the Section of Science and Technology.
Approved as Amended February 1992

Opposes federal government efforts to withhold funds from educational institutions that deny access to campus placement facilities to government employers who contravene university policies by discriminating on the basis of sexual orientation. Jointly presented with the Law Student Division.
Approved February 1992

Supports an amendment of the Civil Rights Attorney’s Fees Awards Act of 1976 to permit the award to a prevailing party of reasonable expert fees for testimonial and non-testimonial services.
Approved as Amended August 1991

Calls for compliance with due process protection in the eviction of persons convicted of drug-related crimes in public housing projects. Jointly presented with the Bar Association of San Francisco, the Special Committee on Housing and Urban Development Law, the Standing Committee on Legal Aid and Indigent Defendants and the Criminal Justice Section.
Approved August 1990

Supports federal legislation to restore Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §1981.
Approved February 1990

Supports federal legislation to protect the rights of private sector “whistle blowers.” Jointly presented with the Young Lawyers Division and the National Conference of Administrative Law Judges.
Approved as Amended February 1990

Urges the United States to support the establishment of human rights departments in multilateral development banks. Jointly presented with the Section of International Law and Practice and the Standing Committee on World Order Under Law.
Approved August 1989

Supports federal legislation which prohibits discrimination on the basis of disabilities and seeks to ensure equal opportunity in employment, public accommodations and services. Jointly presented with the Young Lawyers Division.
Approved as Amended August 1989

Opposes discrimination in capital sentencing on the basis of race. Jointly presented with the Criminal Justice Section and the Section of General Practice. Related recommendations sponsored by the Section Approved (8/87, 2/89, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
Approved as Revised August 1988

Condemns crimes of violence, including those based on bias or prejudice of race, religion, sexual orientation or minority status, and urges government officials to focus public attention on this growing national problem.
Approved August 1987

Recommends amendment of federal fair housing legislation to enhance the ability of the Department of Housing and Urban Development to resolve housing discrimination complaints through conciliation. Related recommendations sponsored by Section Approved (8/74, 2/80); Withdrawn (8/72).
Approved August 1987

Urges enactment of federal legislation to amend the federal wiretap law to protect transmissions in all forms including voice, data and video among other amendments. Cosponsored by the Law Student Division.
Approved August 1986

Supports the enactment of legislation to amend the Federal Privacy Act of 1974 to enhance citizen privacy. Cosponsored by the Law Student Division.
Approved August 1986

Supports enactment of the Age Discrimination in Employment Act (ADEA) to eliminate mandatory retirement age for non-federal workers above the age of 70. Sponsored by the Commission on Legal Problems of the Elderly, cosponsored by the Section of Individual Rights and Responsibilities.
Approved August 1986

Recommends that state and federal education programs for judges include a course devoted to fairness and an analysis of race and stereotypes that may affect judicial decision-making. Presented jointly with the Association of the Bar of the City of New York, cosponsored by the Los Angeles County Bar Association, the Bar Association of San Francisco and the Law Student Division.
Approved August 1986

Opposes the provision of federal financial assistance for institutions that discriminate in any of their operations on the basis of sex, race, color, national origin, age, or disability. Jointly presented with the Section of Litigation.
Approved February 1986

Urges amendment of the Standards for the Approval of Law Schools to prohibit discrimination against handicapped persons. Jointly presented with the Section of Legal Education and Admissions to the Bar, Law Student Division, and Young Lawyers Division.
Approved February 1986

Urges the United States Congress to provide appropriate legislative recognition to those denied equal justice under law pursuant to Executive Order 9066 and subsequent Japanese Americans to detention during World War II.
Approved as Amended August 1984

Urges the American Bar Association to continue to make substantial efforts to increase the participation of women and minorities in all levels of the Association.
Approved as Amended August 1984

Endorses amendments to Title II of the Civil Rights Act of 1984 to include private clubs that receive a substantial portion of their income from business sources in the definition of public accommodations. Jointly presented with the State Bar of Michigan, State Bar of California, Detroit Bar Association, Massachusetts Bar Association, Minnesota State Bar Association, Association of the Bar of the City of New York, Oakland County Bar Association, Philadelphia Bar Association, Vermont Bar Association, Section of Litigation, and Young Lawyers Division.
Approved August 1983

Endorses amendments to Title II of the Civil Rights Act of 1964 to include private clubs that receive a substantial portion of their income from business sources in the definition of public accommodations. Related recommendation jointly sponsored by the Section Approved (8/83).
Approved February 1982

Urges amendment of the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex in public accommodations.
Approved as Amended August 1980

Supports, in principle, legislation that prohibits discrimination in the sale and rental of housing on the basis of race, color, creed, sex or national origin. Jointly presented with the Special Committee on Housing and Urban Development. Related recommendation sponsored by Section Approved (8/74, 8/87); Withdrawn (8/72).
Approved as Amended February 1980

Calls for the creation of a special committee of the American Bar Association to review alleged violations of human rights involving lawyers in their capacities as lawyers.
Referred to Section of International Law and Practice August 1976

Urges the prompt, vigorous and effective implementation and enforcement of Title IX of the Education Amendments Act of 1972, which promotes equal educational opportunity.
Approved August 1975

Supports legislation that prohibits discrimination on the basis of sex or martial status in the extension of credit.
Approved February 1974

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