portrait On March 31, 2009, President
Barack Obama nominated Perez to be Assistant Attorney General for the Civil Rights Division of the
United States Department of Justice. The
Senate Judiciary Committee held a hearing on Perez's nomination on April 29, 2009, and on June 4, 2009, the committee voted 17–2 to send Perez's nomination to the full Senate. Perez's nomination then did not move forward for several months, amid questions by Republican senators about his record on immigration matters and a controversy over the Obama Justice Department's dismissal of a voter intimidation case against the militant
New Black Panther Party. Senator
Patrick Leahy (
D-
VT) characterized the opposition as foot-dragging and "posturing for narrow special interests". Only two senators spoke out against the nomination:
Tom Coburn (
R-
OK) and
David Vitter (
R-
LA). Perez revamped Justice Department efforts in pursuing federal settlements and consent agreements under the
Americans With Disabilities Act. One of Perez's main focuses was on the
discrimination of individuals with
HIV/AIDS, saying that it is "critical that we continue to work to eradicate discriminatory and stigmatizing treatment towards individuals with HIV based on unfounded fears and stereotypes". Perez oversaw the division responsible for the implementation, and training of local enforcement in response to the passage of the
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act; including overseeing the first hate-crime conviction under the law, in the racially motivated
murder of James Craig Anderson. Perez endorsed the
Employment Non-Discrimination Act in 2009, citing it one of his "top priorities", and at his first testimony after being confirmed as Assistant Attorney General, he said, "That
LGBT individuals not being currently protected against discrimination in the workplace is perhaps one of the most gaping holes in our nation's civil rights laws."
Student discrimination In 2009, the Civil Rights Division under Perez's tenure filed suit against
a Herkimer County, New York school for "alleged violations of the
Equal Protection Clause of the
Fourteenth Amendment to the United States Constitution and
Title IX of the Education Amendments of 1972". The plaintiff, a 14-year-old high school student from
Mohawk, New York, who "dyes his hair, and wears make-up and nail polish", was reportedly subjected to verbal sex-based harassment and was "threatened, intimidated, and physically assaulted based on his non-masculine expression". This was the first time since the Clinton administration that Title IX was applied to gender identity discrimination. The Civil Rights Division reached a settlement with the
Anoka-Hennepin School District in the
Minneapolis–Saint Paul metropolitan area, after the district school board voted to repeal its policy prohibiting teachers from mentioning homosexuality in the classroom. Students who brought the lawsuit accused the district of creating a "hostile, anti-gay environment" and not doing enough to protect LGBT students. Perez praised the school board's decision, saying that the settlement is a "comprehensive blueprint for sustainable reform that will enhance the district's policies, training and other efforts to ensure that every student is free from sex-based harassment". After a "comprehensive investigation" by the Civil Rights Division of a juvenile facility in
Lauderdale County, Mississippi, Perez's division found multiple violations of
due process and
Miranda rights of African-American and disabled students at
Meridian, Mississippi, schools by the Lauderdale County Youth Court, the Meridian Police Department and the
Mississippi Division of Youth Services. The investigation described local and state authorities of running a "
school-to-prison pipeline", by incarcerating students for minor school disciplinary infractions, such as violating school dress-code guidelines. The Justice Department determined that a pattern existed of Mississippi authorities' failing to assess probable cause that unlawful offenses against the students had been committed, and that students were held in jail without the benefit of a hearing, a lawyer or Miranda rights;
Police discrimination , on July 26, 2012 After the
shooting death of Florida teenager
Trayvon Martin, by
George Zimmerman in
Sanford, Florida, in 2012, Perez was brought in by Representative
Alcee Hastings and Sanford Mayor Jeff Triplet to investigate the police department's handling of the case. A full-scale investigation was later launched by the Civil Rights Division, where Perez led an inquiry on the shooting investigation. After a thorough investigation was promised by Attorney General
Eric Holder, Perez went to Florida, meeting with
U.S. Attorney Robert O'Neil, family members of Trayvon Martin, and local officials to investigate whether the shooting was a racially motivated
hate crime. The Justice Department launched a probe into Sanford police chief Bill Lee, who was fired two months after the beginning of the investigation. After homeless Native American woodcarver John T. Williams was fatally shot by the
Seattle Police Department in 2010, Perez led an eight-month investigation into the use of excessive force by the SPD. After the end of the Division's investigation, along with
Jenny Durkan, the
U.S. Attorney for the District of Western Washington, Perez released a report citing "constitutional violations regarding the use of force that result from structural problems, as well as serious concerns about biased policing" by the SPD. A settlement was later reached between the Civil Rights Division and the city of
Seattle requiring the city to create a Community Police Commission, have the SPD under the supervision of an independent, court-appointed monitor, and encouraging police officers to de-escalate nonviolent confrontations by decreasing their use of force. ;Maricopa County, Arizona investigation In June 2008, the Civil Rights Division opened an investigation into the
Maricopa County Sheriff's Office (MCSO) and Sheriff
Joe Arpaio, following allegations that the MCSO was engaged in a pattern of practice of unlawful conduct. An expanded investigation leading into Perez's tenure over "discriminatory police practices and unconstitutional
searches and seizures", led to a lawsuit by the Justice Department after Arpaio rejected the department's request for documents regarding the investigation; this was the first time that the federal government sued a local law enforcement agency concerning Title VI of the
Civil Rights Act of 1964 since the 1970s. Perez released a 22-page report The report found that the MCSO mistreated and used racial slurs against
Spanish-speaking inmates; Latino drivers were four to nine times more likely than non-Latino drivers to be stopped in identical non-criminal instances; 20% of stops and seizures, almost all of them involving Latinos, were legally unjustified, violating the
Fourth Amendment to the United States Constitution; and the MCSO and sheriff's deputies engaged in retaliation against individuals who participated in demonstrations against the office's policies regarding immigration. In May 2012, after the end of a three-year investigation, Perez led his division in a lawsuit against
Maricopa County, the MCSO and Arpaio, for violating Section 14141 of the
Violent Crime Control and Law Enforcement Act of 1994 and Title VI of the Civil Rights Act. Arpaio called the suit a political move by the
Obama administration, while Perez called the suit an "abuse-of-power case involving a sheriff and sheriff's office that disregarded the Constitution, ignored sound police practices, compromised public safety and did not hesitate to retaliate against his perceived critics".
Voting rights Voter ID laws The Obama administration directed Perez and the Civil Rights Division in challenging
South Carolina's 2011
voter ID law, over concerns that the law violated Section 5 of the
Voting Rights Act of 1965. Perez successfully blocked the law from taking effect, after the Justice Department alleged that South Carolina had failed to prove that the law would not have a disproportionate effect on minority voters. In a letter to South Carolina's Deputy Assistant Attorney General, C. Havird Jones, Jr., Perez questioned whether 81,000 registered voters, all of whom were minorities who didn't have government-issued or military photo identification, would be able to exercise their right to vote, citing "significant racial disparities in the proposed photo identification requirement". Addressing the
Supreme Court case
Crawford v. Marion County Election Board, where the court upheld the constitutionality of
Indiana's photo ID requirement, Perez argued that "[Texas's] submission did not include evidence of significant in-person voter impersonation not already addressed by the state's existing laws". Perez also stressed data from the
Texas Department of Public Safety that found that registered Hispanic voters were 46.5% to 120% less likely than non-Hispanic voters to have a government issued driver's license or state required photo ID.
New Black Panther Party case On May 14, 2010, Perez testified to the
U.S. Commission on Civil Rights that political leadership was not involved in the decision to dismiss three of the four defendants in the
NBPP case. However, on March 12, 2013, the
Department of Justice Inspector General released a report stating that Perez's testimony did not reflect the entire story, as
AAG Perelli and DAAG Sam Hirsch were involved in consultations on the case. However, the Inspector General found that Perez did not know about these consultations at the time of his testimony, and therefore he did not intentionally mislead the commission. However, because of his role as a Department witness, the Inspector General believed that Perez should have inquired further on this issue before testifying. In the same report, the Inspector General found that the Civil Rights Division exhibited a clear priority in enforcing the motor-voter provisions of the
NVRA over the list-maintenance provisions. However, the Inspector General did not find sufficient evidence to conclude that these differences in enforcement were for political reasons. Overall, the report stated that: "The conduct that we discovered and document in this report reflects a disappointing lack of professionalism by some Department employees over an extended period of time, during two administrations, and across various facets of the Voting Section's operations." ==Secretary of Labor (2013–2017)==