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Archive for the ‘race discrimination’ Category

Elizabeth Warren heads to Essence Festival with plan to 'value the work of Black women'

Monday, July 8th, 2019

“The numbers tell the story,” Warren writes in Essence. “Black women are more likely to be breadwinners for their families and work more than almost any other set of women workers in America, including white women. Yet, Black women are paid less and they are less likely to be able to afford basic human rights like healthcare, childcare and housing.”

Because “This is no accident,” it will take intention and hard work to reverse. Warren’s plans for universal childcare, housing, and canceling student debt will help black and brown women, but she’s not stopping there. Warren pledges a series of executive actions to “boost wages for women of color and open up new pathways to the leadership positions they deserve.” That starts with a ban on new federal contracts for “Companies with a bad track record on equal pay and diversity in management.” Federal contractors will also be banned from “forcing employees to sign away their rights with forced arbitration clauses and non-compete agreements—restrictions that are particularly hurtful to women of color.”

Warren also pledges to “take executive action to make the senior ranks of the federal government look like America and strengthen enforcement against systemic discrimination.”

This is intersectional policy: Warren is clear about how her policies that aren’t tailored to black women will still help black women, but she’s also clear that systemic discrimination requires more. One-size-fits-all policy solutions won’t fix a system that’s been designed not just to elevate the wealthy but to crush some groups more than others.

This blog was originally published at Daily Kos on July 5, 2019. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.

Dockworkers Show Us How Unions Can Be a Powerful Force Against Racism

Friday, May 24th, 2019
This article is adapted from Dockworker Power: Race and Activism in Durban and the San Francisco Bay Area. Used with the permission of the University of Illinois Press. Copyright © 2018 by the Board of Trustees of the University of Illinois. It has been modified for this article, with the introductions and conclusions reworked.
From its inception in the 1930s, the International Longshore and Warehouse Union (ILWU), and particularly its San Francisco Bay Area chapter, Local 10, have preached and practiced racial equality. First, the union committed itself to equality by desegregating work gangs and openings its ranks to African Americans, whose numbers drastically increased during the World War II-induced Great Migration. In addition to working towards racial equality inside the ILWU, longshoremen and their leaders, in Local 10 and at the international level, participated in myriad intersectional social movements from the 1940s to the present. Thanks to this organizing, longshore workers and their union greatly contributed to the growth and success of social movements in a pivotal time in Bay Area, U.S. and world history.

An early, poignant example of the union’s commitment to ethnic and racial equality came in its principled yet highly controversial opposition to the persecution of Japanese Americans during World War II. In 1942 the ILWU condemned the interment of 125,000 Japanese and Japanese Americans, ordered by President Franklin D. Roosevelt shortly after the surprise Japanese attack on the U.S. naval base at Pearl Harbor, Hawai’i. Hostility towards Japanese immigrants (by law, never allowed to become U.S. citizens) and Japanese Americans quickly reached fever pitch, and almost no Americans came to their defense though, more recently, most acknowledge the trampling of their Constitutional rights. Yet in sworn testimony before Congress in February 1942, only three months after Pearl Harbor, ILWU leader Lou Goldblatt sagely predicted, “this entire episode of hysteria and mob chant against the native-born Japanese will form a dark page of American history. It may well appear as one of the victories one by the Axis powers.” Similarly, in May 1945, the month Germany surrendered and three months before Japan did, ILWU International President Harry Bridges pushed to have a few Japanese Americans, interned for most of the war, admitted to the Stockton division of Local 6 (Bay Area warehouse) in conjunction with the government’s War Relocation Authority. When the white majority division refused to allow them into the union, Bridges and Goldblatt pulled the charter until the 700 members accepted this Japanese American into the local. The union’s commitment to equality for Japanese Americans was rare, to say the least, and remains largely unknown.

The ILWU has also been committed to and fought for racial equality since its birth in the 1930s. This sort of activism, still all-too-rare, is called civil rights unionism or social movement unionism. Examples of how the ILWU worked in solidarity with the largely Southern-based black freedom struggle are too numerous to recount, but the union’s commitment was real and long-standing. Bridges regularly wrote in favor of racial equality in his column “On the Beam” that appeared in the union’s newspaper, Dispatcher. In 1954 after the U.S. Supreme Court issued its historic ruling against Jim Crow segregation in Brown v. Board of Education, Bridges lauded it as “a victory for all decent and progressive Americans—whether Negro, white or any other color,” because the Jim Crow “system has been a cancer on America.”

In 1963, the ILWU began selling units in the housing cooperative that its progressive leaders conceived of and financed as a response to “urban redevelopment” and a lack of affordable housing. Though not the first of its kind (several clothing worker unions in New York City constructed thousands of such units), the St. Francis Square Housing Cooperative was the Bay Area’s first. Beginning in 1960, the ILWU invested some of its pension funds into property that had been part of a 45-block area cleared, notoriously, by city and federal housing agencies in a move criticized by the legendary African American writer and activist, James Baldwin: “urban renewal which means moving Negroes out; it means Negro removal.” The “redevelopment” of the Fillmore (also called the Western Addition) and the city’s largest black neighborhood, began in the 1950s and continued into the early 1970s, razed about 2,500 Victorian structures and displaced more than 10,000 people—overwhelmingly African Americans including hundreds of ILWU Local 6 and 10 members. ILWU Secretary-Treasurer Lou Goldblatt explained why he developed this project in 1979: “what they were not doing was replacing the slums with anything that any of the people who had lived there could have any chance under the sun of coming back to.” St. Francis’ 300-units were open to every ethnicity and race, the first integrated housing development in SF, and its first manager was Revels Cayton, a black left-wing activist and ILWU member. ILWU members who lived in the Fillmore continued resisting further clearings, albeit with limited success. Ultimately, the character of the Fillmore changed forever with far fewer blacks. The co-op, though, recently celebrated its 50th anniversary.

Also in 1963, the ILWU and Local 10 helped organize a huge civil rights demonstration in San Francisco and supported another, the legendary March on Washington for Jobs and Freedom. Early that year, the nation’s eyes focused upon Birmingham, Alabama, nicknamed “America’s Johannesburg” for being the most segregated big city in the South. The Southern Christian Leadership Conference, headed by Martin Luther King, Jr., collaborated with local activists for several months of nonviolent civil disobedience to highlight the persistence of racial segregation, nearly ten years after Brown v. Board. Chester, utilizing his many contacts helped create the Church-Labor Conference that, on May 26th, brought together 20,000 people to march with a giant banner reading “We March in Unity for Freedom in Birmingham and Equality in San Francisco.” An additional 10,000 joined at the march’s end to rally, and was the largest civil rights demonstration in the region’s history. Three months later, the ILWU donated money and sent a delegation to the nation’s capital for what proved to be the largest political gathering in U.S. History, up to that time. One quarter of a million Americans, mostly black but with many whites, participated in the March on Washington to pressure the Congress and President to pass a comprehensive civil rights bill outlawing racial discrimination, once and for all. Tragically, the response of some unreconstructed segregationists was the blowing up of a black church, in Birmingham, closely associated with the movement that killed four black girls. When word reached San Francisco, Local 10 members quickly shut down the port for a “stop work meeting” in front of the U.S. Federal Building to protest this terrorist attack.

Due to the union’s many efforts to fight racism, in 1967 Martin Luther King, Jr. visited Local 10 where he became an honorary member, like Paul Robeson before him. King, best known for his “I Have A Dream” speech, long had been interested in and supportive of unions but proved increasingly so in his final years. He repeatedly encouraged black workers to join and form unions, famously calling them “the first anti-poverty program.” King regularly supported and spoke to racially inclusive unions, so it not surprising that he visited Local 10’s hiring hall. Addressing a large gathering of dockworkers, King declared, “I don’t feel like a stranger here in the midst of the ILWU. We have been strengthened and energized by the support you have given to our struggles…We’ve learned from labor the meaning of power.” More than forty years later, Local 10 member Cleophas Williams remember the speech: “He talked about the economics of discrimination” insightfully pointing out, “What he said, is what Bridges had been saying all along” about all workers benefiting by attacking racism and forming interracial unions…The day after his stunning murder, April 9, 1968, the Bay Area was quiet when more than 150 cities and towns erupted into flames. Longshoremen shut down the ports of San Francisco and Oakland for their newest (honorary) member, as they always do when one of their own dies on the job. Nine ILWU members attended King’s funeral, in Atlanta, including Bridges, Chester, and Williams, elected the local’s first black president the year prior.

Similarly, it is neither incidental nor coincidental that ILWU members in the Bay Area gave timely and significant support to Californians seeking to form the United Farm Workers (UFW). It is widely known that migratory farm workers were heavily non-white (particularly Mexican and Filipino Americans) and immigrant (Mexican but also smatterings of other peoples including Arabs). When Filipino American farm workers struck large table and wine grape growers in and around Delano, California in 1965, they quickly joined forces with Cesar Chavez’s fledgling union, mostly Mexican Americans. Thus began a five-year saga that—like the predominantly African American sanitation workers with their “I Am A Man” campaign—combined elements of labor and civil rights activism. On November 17, 1965 a few of these strikers stood at the foot of SF Pier 50, hoping to convince longshoremen not to load Delano grapes aboard the President Wilson, headed for Asia. One key activist, Gilbert Padilla, described what happened next:

We went there as the grapes were being loaded onto ships to Japan…and I’m standing out there with a little cardboard, with a picket [sign], ‘Don’t eat grapes.’ then some of the longshoremen asked, ‘Is this a labor dispute?’ And I [was nervous and didn’t know whether we were legally allowed to use the term, so I] said, ‘No, no, no labor dispute.’ So they would walk in. Jimmy Herman came over and asked me, ‘What the hell you doing?’ And I told him we were striking. He knew about the strike but wanted to know, ‘what are you asking for?’ And I was telling him, and then he says, ‘Come with me.’ He took me to his office; he was president of the clerks (a Longshoremen’s Union local). He took me to his office and he got on his hands and knees, Jimmy Herman, and he made picket signs. And he told me, ‘You go back there and don’t tell nobody about who gave you this. But you just stand there. [You] don’t [have to] say a goddamned thing.’ The sign said, ‘Farm Workers on Strike.’ And everybody walked out of that fucking place, man! That’s the first time I felt like I was 10 feet tall, man! Everybody walked out. So then they asked what’s happening and we were telling them, and Jesus Christ, man, I never seen anything like it. There were trucks all the way up to the bridge, man!

That Bay Area longshoremen and clerks actively supported this movement comes as little surprise, especially as the ILWU organized farm workers, overwhelmingly Asian Americans, in Hawai’i in the 1950s.

Local 10 also played an integral, if hidden, role in the historic Pan-Indian occupation of Alcatraz, one of the most incredible chapters in Bay Area social movement history. Beginning in 1969, American Indians, including many students at San Francisco State, planned and occupied the legendary Alcatraz Island, a former federal penitentiary. They did so to raise awareness of the desperate plight of American Indians and promote cultural and political changes among both Indians and the nation at large. Long forgotten or never known is that a Local 10 longshoreman, “Indian Joe” Morris, born and raised on the Blackfoot reservation in Montana, helped make the eighteen-month occupation possible. The twelve-acre “Rock” was lifeless so literally everything needed to sustain the occupiers’ lives, including water, had to come from the mainland (a main reason the federal government stopped using it as a prison). Morris secured the unused SF Pier 40 from which the transfer of all people and supplies occurred between the island and city. In his unpublished memoir, he writes, “When the Indians occupied Alcatraz Island I was the Alcatraz troubleshooter and mainland coordinator.” Morris also raised thousands of dollars from the ILWU and other unions in support and even took collections at the Ferry Building (now named after Harry Bridges). Without Morris’ unsung action, the occupation—simply put—could not have continued very long. Morris might have been the only American Indian in Local 10, but there was tremendous sympathy among others for the occupation; for example, the ILWU Executive Board praised the Indians occupying Alcatraz “as a haven and a symbol of the genocide they have suffered.” Morris helped arrange for a delegation of Local 10 and other ILWU members to visit Alcatraz, where Lou Goldblatt proclaimed, “You folks are just like a labor union on strike. You have to last one day longer than the other guy.” Winding down in 1971, the Dispatcher featured a photograph of Morris holding a painting—his first ever—commemorating the occupation though few know this intersectional history.

In 1969, the legendary African American activist Bayard Rustin wrote, “the Negro can never be socially and politically free until he is economically secure.” Rustin could have been describing the civil rights unionism of ILWU Local 10. Or, as William “Bill” Chester, an African American and long-time civil rights activist in the ILWU, recalled, “We found that, in a sense, the union is the community.” Bay Area longshore workers did not stop with racial equality, though. They also provided mighty assistance to many other social movements across the Bay Area, nation and world.

This article appeared at In These Times on May 23, 2019. Reprinted with permission. 

About the Author: Peter Cole is a Professor of History at Western Illinois University. He is the author of Wobblies on the Waterfront: Interracial Unionism in Progressive Era Philadelphia and is currently at work on a book entitled Dockworker Power: Race and Activism in Durban and the San Francisco Bay Area. He is a Research Associate in the Society, Work and Development Program (SWOP) at the University of the Witwatersrand in Johannesburg, South Africa, and has published extensively on labor history and politics. He tweets from @ProfPeterCole.

Racial Inequality Is Hollowing Out America’s Middle Class

Wednesday, September 13th, 2017

America’s middle class is under assault. And as our country becomes more diverse, our racial wealth gap means it’s also becoming poorer.

Since 1983, national median wealth has declined by 20 percent, falling from $73,000 to $64,000 in 2013. And U.S. homeownership has been in a steady decline since 2005.

While we often hear about the struggles of the white working class, a driving force behind this trend is an accelerating decline in black and Latino household wealth.

Over those three decades, the wealth of median black and Latino households decreased by 75 percent and 50 percent, respectively, while median white household wealth actually rose a little. As of 2013, median whites had $116,800 in wealth — compared to just $2,000 for Latinos and $1,700 for blacks.

This wealth decline is a threat to the viability of the American middle class and the nation’s overall economic health. Families with more wealth can cover emergencies without going into debt and take advantage of economic opportunity, such as buying a home, saving for college, or starting a business.

A Growing Gap

We looked at the growing racial wealth gap in a new report for the Institute for Policy Studies and Prosperity Now.

We found that if these appalling trends continue, median black household wealth will hit zeroby 2053, even while median white wealth continues to climb. Latino net worth will hit zero two decades later, according to our projections.

It’s in everyone’s interest to reverse these trends. Growing racial wealth inequality is bringing down median American middle class wealth, and with it shrinking the middle class — especially as Americans of color make up an increasing share of the U.S. population.

The causes of this racial wealth divide have little to do with individual behavior. Instead, they’re the result of a range of systemic factors and policies.

These include past discriminatory housing policies that continue to fuel an enormous racial divide in homeownership rates, as well as an “upside down” tax system that helps the wealthiest households get wealthier while providing the lowest income families with almost nothing.

The American middle class was created by government policy, investment, and the hard work of its citizenry. Today Americans are working as hard as ever, but government policy is failing to invest in a sustainable and growing middle class.

To Do Better, Together

To do better, Congress must redirect subsidies to the already wealthy and invest in opportunities for poorer families to save and build wealth.

For example, people can currently write off part of their mortgage interest payments on their taxes. But this only benefits you if you already own a home — an opportunity long denied to millions of black and Latino families — and benefits you even more if you own an expensive home. It helps the already rich, at the expense of the poor.

Congress should reform that deduction and other tax expenditures to focus on those excluded from opportunity, not the already have-a-lots.

Other actions include protecting families from the wealth stripping practices common in many low-income communities, like “contract for deed” scams that can leave renters homeless even after they’ve fronted money for expensive repairs to their homes. That means strengthening institutions like the Consumer Financial Protection Bureau.

The nation has experienced 30 years of middle class decline. If we don’t want this to be a permanent trend, then government must respond with the boldness and ingenuity that expanded the middle class after World War Two — but this time with a racially inclusive frame to reflect our 21st century population.

Dedrick Asante-Muhammad directs the Racial Wealth Divide Project at Prosperity Now. Chuck Collins directs the Program on Inequality at the Institute for Policy Studies and co-edits Inequality.org. They’re co-authors of the new report, The Road to Zero Wealth.

Black Livelihoods Matter: The Civil Justice System Needs Reform Too

Friday, October 14th, 2016

downloadThe Black Lives Matter movement has brought much-needed attention to the disparity in the way our criminal justice system treats African Americans.

But there’s another side of American justice that matters too: our civil courts.

In the United States today, the civil justice system is the last line of defense for workers who have faced discrimination on the job. And not just for individuals, either. Lawsuits and the threat of lawsuits have been the most effective way to force recalcitrant employers to take action against discrimination.

Still, our courthouses are not open to all. As a black lawyer who focuses on employment discrimination, I’ve seen first-hand how access to the courts, the racial makeup of law firms and the way cases are handled can throw up barriers to justice.

Here’s a step-by-step guide to how black workers’ cases get derailed.

Step 1: Black workers are more likely to represent themselves.

Few people can afford to pay an employment attorney up front. Instead, most lawyers in the field work on contingency—meaning they will only get paid if the worker receives a cash award. That makes these cases financially risky for lawyers, who might get nothing for hours of work if the case is dismissed. As a result, it can be hard for many workers to find an employment lawyer.

But for black workers, the problem is even worse. A study commissioned by the American Bar Association found that black plaintiffs are 2.5 times more likely than white plaintiffs to file employment discrimination claims pro se, or without a lawyer. Other racial minorities, including Hispanics and Asians, are 1.9 times more likely to file pro se than their white counterparts.

Winning an employment case is already difficult, even under the best circumstances. Pro se litigants, assuming that they can even get their cases inside a courtroom, are almost guaranteed to lose—no matter how strong the details of their case may be.

For example, litigants may be required to file their case with the Equal Employment Opportunity Commission within a certain number of days, and that time limit varies by state. Workers representing themselves may miss that deadline, and lose their cases before they even start.

Step 2: Attorneys are less likely to take cases involving black workers.

Even when black workers have found an attorney who might be interested in their case, they are less likely to get help. The ABA study found that the way employment attorneys screen their cases can contribute to the racial disparity.

In some cases, employment attorneys charge expensive consultation fees before considering a potential client. Black workers who can’t afford those fees never get in the front door. In other cases, the ABA study found that attorneys favored clients based on criteria that weren’t related to the merits of their case, such as perceived demeanor, mannerisms or a personal referral.

The disparity in pay between black and white workers adds to the problem. Because lost wages are a major part of the case, workers who make less money will receive smaller payouts. For employment attorneys who have to work for free upfront, that means less money at the back end.

Step 3: Juries aren’t always sympathetic to black workers.

Even when employment cases make it to trial, the worker still has only a 15 percent chance of winning, compared to a 50 percent win rate for other types of plaintiffs.

That means employment cases are particularly sensitive to jurors’ beliefs and prejudices. If a jury does not find the plaintiff’s story credible, or doesn’t believe that discrimination occurred, or doubts whether discrimination is all that common anyway—the worker loses.

In addition, damages for emotional distress are allowed in many employment discrimination cases. But jurors may not be as willing to provide them to black workers even when they have found in favor of them overall due to prejudices about their mythical inner strength or whether discrimination is serious.

The end result is that the same discrimination that black workers face in the workplace can also negatively affect them in the eyes of a jury.

Step 4: Even if they win, they are often awarded less money.

Workers who win their cases can receive money for emotional distress, punitive damages intended to send a message to the employer and lost wages. Under federal law, those first two amounts are limited between $50,000 and $300,000, levels set in 1991 that have not been adjusted since. (If they had been pegged to the Consumer Price Index, the cap would be closer to $525,000.)

Generally, the largest award in employment cases is for lost wages. Employees who win their cases can only get the difference between what they made since being illegally fired and what they would have made had they not been fired.

Black employees, on average, make less than white employees. As a result, black employees bringing discrimination cases are disproportionately affected by caps for damages for lost wages. This means that these employees have less leverage to negotiate an out-of-court settlement with employers prior to trial because of the low risk to the employer of having to pay a significant judgment—if the employee prevails at trial. As a result, employers may have less incentive to adequately address discrimination against black employees.

The deep-seated flaws in our civil justice system cannot be ignored. It’s a problem that needs to be addressed by employers, legal professionals, and lawmakers. There needs to be a serious examination as to why black employees who have often been unlawfully excluded from the workplace are then again denied recourse through the legal system.

This article originally appeared on the Huffington Post on October 10, 2016. Reprinted with permission. 

Phillis h. Rambsy is a partner with the Spiggle Law Firm, which has offices in Arlington, Virginia, Washington, D.C., and Nashville, Tennessee. Her legal practice focuses on workplace law where she represents employees in matters of wrongful termination and employment discrimination including racial discrimination, pregnancy discrimination, and other family-care issues such as caring for a sick child or an elderly parent. To learn more, visit www.spigglelaw.com.

Mexican Grocery Chain Workers Sue for Unpaid Wages in Silicon Valley

Thursday, March 10th, 2011

R.M. ArrietaSAN FRANCISCO—More than 50 former workers at a now-defunct supermarket chain in Santa Clara County (aka Silicon Valley and San Jose) are suing their former employer for unpaid wages.

The two-store chain went bankrupt after being open less than three years and  receiving half a million dollars in assistance from the city’s economic development department. The announcement came from the Bay Area Justice for Mercado Workers Coalition and San Francisco-based Instituto Laboral de la Raza (ILR). (Mexican grocery stores are known as “mercados.”)

The workers are seeking more than $200,000 in unpaid wages and penalties. The former Su Vianda workers were fired last June. Marc L. TerBeek, general counsel for ILR, is representing the group.

TerBeek said in a prepared statement that they are suing the listed owner of the chain, Kimomex; the president, Al Lujan; the board of directors; the parent company, Pacific Community Ventures, along with its board of directors, because

…Kimomex’s efforts to evade responsibility for their claims by filing bankruptcy revealed that it was a shell organization that did not maintain any books or records, and which could not account for any revenues it had generated, including a $500,000 investment the City of San Jose made in 2008 with taxpayer funds.

mercado-250x188

The Justice for Mercado Workers Campaign holds a press conference in San Jose, Calif., in December 2009. (Photo via People's World)

According to the complaint, Kimomex, doing business as Su Vianda, owned and operated a chain of ethnic-oriented supermarkets that catered to predominantly Latino customers.

The suit says the workers were denied rest periods, meal breaks and overtime pay, while Su Vianda/Kimomex deducted earnings for medical insurance that was never purchased and engaged in “the unlawful business practice of failing to pay final earned wages to employees it terminated.”

When the workers were fired in June 2010, Kimomex sought bankruptcy protection but then could not account for its liabilities or assets, nor were there corporate books or records.

The supermarket chain did not pay final earned wages to workers it terminated and deducted wages for medical insurance that was never obtained. The workers were told they were not entitled to rest period and meal breaks.

The workers are calling for a jury trial.

Calls to Kiromex’s San Jose headquarters were unanswered. TerBeek says the workes are owned at least $75,000 in unpaid wages and $150,000 in penalties for failure to pay them as promised.

The Coalition of Bay Area Mercado workers includes community, labor and faith-based groups who are looking at ethnic grocery stores, commonly called “mercados” to comply with state and federal laws for workers as well as to help them fight for their right to form a union.

Local 5 President Ron Lind remarked during a press conference in December,  “We have a broader mission in the labor movement and as a union. That is to advocate on behalf of all the workers in the industries we represent, including those in the mercados [Mexican markets]…”

About 30,000 Californians work in mercados throughout the state, many of them recent immigrants from Latin America and Asia.

The Justice for Mercado Workers Campaign, which consists of several community organizations and USCW Local 5, has developed a Code of Conduct to empower Latino and Asian mercado workers through labor organizing activities.

In the Bay Area, it is estimated there are some 12,000 mercados workers. Many are paid poverty wages, and their employers don’t observe labor law, which means they don’t get meals and rest breaks, and endure verbal, and sometimes physical, abuse.

This blog originally appeared on http://www.inthesetimes.com on March 3, 2011. Reprinted with Permission.

About the Author: R.M. Arrieta was born and raised in Los Angeles. She has worked at three daily newspapers and two television stations and is a former of the Bay Area’s independent community bilingual biweekly El Tecolote. She currently lives in San Francisco, where she is a freelance journalist writing for a variety of outlets. She can be reached at rmarrieta@inthesetimes.com.

Employee Rights Short Takes: New Evidence Of Gender Pay Gap, Race Discrimination, Disability Discrimination And More

Friday, October 1st, 2010

ellen simonHere are a few short takes about employment discrimination stories that made the news this past week:

New Evidence Of Gender Pay Gap And Discrimination Against Mothers In Management

Women made little progress in climbing into management positions according to a new report by the Government Accountability Office yesterday.

As of 2007, the last year for which the data was available, women made up only 40% of managers in the United States work force compared to 39% in 2000. In all but 13 industries covered by the report, women had a significantly smaller share of management positions than men when compared to the overall workforce.

In addition, managers who were mothers earned 79 cents of every dollar paid to managers who were fathers.

The report was prepared at the request of Representative Carolyn Maloney, Democrat of New York, and chairwoman of the Joint Economic Committee for a hearing before that committee on Tuesday — where witnesses  talked about the  “shockingly slow rate of progress” for women in corporate management positions and the “motherhood wage penalty.”

Several individuals who testified urged the passage of the Paycheck Fairness Act as a partial remedy to the issues surrounding gender discrimination in the workforce.

For more about the report read the NY Times article here. For a copy of the report from Rep. Maloney’s website and more about the hearing read and watch here.

Employee With Multiple Sclerosis Settles Discrimination Case For $1.2 Million

An ex-employee of the Madison New Jersey Board of Education with multiple sclerosis settled her disability discrimination case for $1,200,000, including attorney fees, as reported yesterday by DailyRecord.com and Lawyers USA. Disability discrimination is prohibited by the Americans with Disabilities Act.

Joan Briel, a former accounts payable secretary, was diagnosed with MS in 2002. She claimed that her employer retaliated against her by inappropriately increasing her workload, repeatedly harassing her and failing to take action on her requests for reasonable accommodation — including her request to work on the first floor instead of the third floor.

Briel also claimed that the stress of the work environment caused her to relapse and that she was fired while she was on medical leave.

The case was heading for a jury trial when the settlement was reached. Ms. Briel will receive $412,000 in the settlement. Her attorneys will receive $877,303 for the work they did on the case. The court also awarded Briel over $43,000 in costs.

Plaintiffs in civil rights cases may recover attorneys’ fees – if they prevail — in addition to their individual award in most cases. These legal provisions are intended to encourage attorneys to represent individuals who are unable to invoke the protection of civil rights laws because they can not afford a lawyer.

Discrimination cases are difficult to litigate and are often complex and protracted. Therefore, it’s not unusual for the attorneys’ fees ( on both sides) to be larger than the award, or greater than the amount in controversy.

This newly reported case is but one example of the potentially high costs to employers when employment discrimination cases are not resolved early.

EEOC Settles Race Discrimination And Retaliation Case For $400,000

The Cleveland office of the EEOC announced a $400,000 settlement of a class action race discrimination and retaliation case against Mineral Met Inc., a division of Chemalloy Company.

Evidence in the case showed that black employees were disciplined for trivial matters – such as having facial hair or using a cell phone — while white employees were not disciplined for the same conduct. When one of the supervisors complained, it resulted in intensified racially discriminatory treatment and retaliation according to the EEOC.

The EEOC also charged that African-American employees were also subjected to other forms of racial harassment, including evidence that a white supervisor placed a hangman’s noose on a piece of machinery. (once again shocking that this is still going on)

Race discrimination in employment and retaliation for complaining about discrimination violate Title VII of the Civil Rights Act of 1964.

This article was originally posted on Employee Rights Blog.

About the Author: Ellen Simon: is recognized as one of the leading  employment and civil rights lawyers in the United States.She offers legal advice to individuals on employment rights, age/gender/race and disability discrimination, retaliation and sexual harassment. With a unique grasp of the issues, Ellen’s a sought-after legal analyst who discusses high-profile civil cases, employment discrimination and woman’s issues. Her blog, Employee Rights Post has dedicated readers who turn to Ellen for her advice and opinion. For more information go to www.ellensimon.net.

Racial Slur at Chevron Sparks Outrage

Tuesday, March 9th, 2010

OtaPhoto2SAN FRANCISCO, CA — Chevron Corporation’s multi-million dollar “Human Energy” advertising campaign touts how much Chevron values people.  Chevron’s website promotes the “Chevron Way” – the company’s commitment to complying with the law and placing “the highest priority on the health and safety of our workforce.”

The reality for John Suzuki, who worked at Chevron for over 35 years, was much different.  An award-winning patent liaison in Chevron’s Law Department in Richmond, CA, Suzuki was forced to take early retirement this month rather than risk his health by returning to work under a supervisor who harassed and threatened him, and called him a “stupid Jap.”

Suzuki wanted to continue working at Chevron, but the company refused his doctors’ directives that he must be moved to a different department or else he would be at high risk of having a heart attack.

“Stupid Jap” Slur

The doctors had diagnosed Suzuki as being at high risk of another heart attack after he had at least two episodes of severe chest pains following incidents in which his supervisor, Alan Klaassen harassed him by yelling at him, making false accusations and threatening him.

After one such incident in January 2008, Suzuki went to his doctor, who told him that he had to reduce his workload or else he might have a heart attack.  When Suzuki told Klaassen and a manager, Frank Turner, what his doctor said, Klaassen and Turner laughed at Suzuki.

Things came to a head in August 2009 when Klaassen again yelled at Suzuki, waved his fist in his face, threatened him and falsely blamed him for problems in the work.  Klaassen also called Suzuki a “stupid Jap.”

Use of racial slurs by supervisors on the job violates federal and state anti-discrimination laws and laws prohibiting hostile and abusive work environments.  As one federal appeals court noted in 1993, “Perhaps no single act can more quickly ‘alter the conditions of employment and create an abusive working environment’ . . . than the use of an [unambiguous] racial epithet . . . by a supervisor….”

Following the August 2009 incident, Suzuki again suffered severe chest pains.  His doctors put him on medical leave and have been treating him since then.  They told Chevron that he could return to work only when he was taken out of his hostile work environment and  moved to a different department.

Chevron categorically refused to consider moving Suzuki to a different department.  If Suzuki did not return to his department and his supervisor Klaassen, he faced termination, Chevron told him.

Suzuki got an attorney, John Ota of Alameda, CA, who pointed out to Chevron that under California law, the company must separate Suzuki from Klaassen, at the very least until Chevron did a fair and thorough investigation of Suzuki’s charges that Klaassen had insulted him with a racial epithet and otherwise created a hostile work environment.

Investigation or Cover-up?

Demanding that Suzuki return to work under Klaassen before Chevron had even investigated the matter assumed that Klaassen would be cleared, Ota noted, an indication that  Chevron had no intention of conducting a fair and objective investigation as required by law.

Chevron refused to budge.  Faced with termination and the possible resulting loss of his retirement benefits, Suzuki reluctantly chose early retirement on February 1.

Meanwhile, Japanese American and Asian American organizations, disturbed about Suzuki’s situation, began contacting Chevron to express their concerns.

Richard Konda, Executive Director of Asian Law Alliance in San Jose wrote Chevron on January 12, stating that it was “highly inappropriate and insensitive” for Chevron to demand that Suzuki return to work under Klaassen before completing its investigation.

Patty Wada, Regional Director of the Japanese American Citizens League (JACL) Northern California-Western Nevada-Pacific District, said in a  January 22 letter that she was appalled to hear that Suzuki had been subjected to racial slurs by his supervisor.

Under pressure, Chevron hired an outside Japanese American attorney, Susan Kumagai, to investigate Suzuki’s charges.  On her website, Kumagai describes herself as a specialist in “representing management” against discrimination charges.

Suzuki asked Kumagai and Chevron how many such investigations Kumagai had done in the past and in how many of those investigations, if any, she had concluded that a hostile work environment existed.  Neither Kumagai nor Chevron responded to these questions.

Not surprisingly, Kumagai conducted a quick investigation and concluded that none of Suzuki’s charges could be substantiated.  Chevron informed Suzuki of these results on February 16, but refused to provide him with a copy of Kumagai’s report.

In her hasty effort, Kumagai failed to even talk to some witnesses Suzuki said could confirm that he told them about Klaassen’s racial slur soon after it happened.  Because in this, as in many other harassment cases, there were no witnesses to the actual harassment, such corroborating witnesses are often crucial to verifying the victim’s account of what happened.

The failure to interview corroborating witnesses, hiring as the investigator an attorney who defends management for a living, and Chevron’s refusal to provide Suzuki with a copy of the investigation report – these are all “signs pointing to a cover-up,” not a fair and objective investigation, says Ota.

Letter Writing Efforts

Suzuki is continuing to ask organizations to write Chevron on his behalf.  What is important to him, he says, is “the principle of the matter – racial remarks like this cannot be tolerated.”

The points he wants organizations to make in their letters to Chevron are first, that Chevron conduct a fair and thorough investigation of his charges, an investigation by someone who has a history of doing evenhanded investigations, not by a management defense attorney.

Second, Suzuki wants Chevron to provide him with Kumagai’s investigation report, and also to provide the report when a fair and thorough investigation is completed.

Last, Suzuki asks that Chevron fire Klaassen if it finds that Klaassen did call Suzuki a “stupid Jap” and that Suzuki be allowed to return to work at Chevron in a different department.

Leaders of Nikkei for Civil Rights and Redress (NCRR) in Los Angeles wrote to Chevron on February 10.  Paul Osaki, Executive Director of the Japanese Community and Cultural Center of Northern California sent Chevron a letter on February 19.

Other organizations in Los Angeles, San Jose and San Francisco have also agreed to write to Chevron.
Those interested in contacting Chevron should write to: John S. Watson, Chief Executive Officer, Chevron Corp., 6001 Bollinger Canyon Road, San Ramon, CA 94583.

About the Author John Ota is a solo employment attorney in Alameda, CA.  He has been representing employees for over 11 years in discrimination, retaliation, harassment, wrongful termination, and overtime pay cases.  He is a member of the National Employment Lawyers Assoc. and the California Employment Lawyers Assoc.

Objections to Kodak's Proposed Race Discrimination Class-Action Settlement

Monday, October 26th, 2009

Image: Marcia McCormickIn 2004, a group of Black workers of Eastman-Kodak filed a class action against the company, alleging widespread discrimination in pay and a failure to promote on the basis of race. A second class action was filed by another group of workers in 2007. The two classes together consist of about 3000 past and current employees. This past July, the company proposed a $21.4 million dollar settlement with the class–with payouts between $1,000 and $75,000 for individual class members. Magistrate Judge Jonathan Feldman (W. D. N.Y.) held a hearing Friday on the fairness of the proposed settlement, and will hold another on November 5. At Friday’s hearing, several class members objected that the payouts were too low, that the attorneys were getting too much of the award, and that class members who left the company before 1999 would be excluded.

Some examples of the unfairness of the award include that one decades-long employee would be awarded $1000 while her daughter, employed for only 11 months, would be awarded $3000. For more details see news reports here and here.

Despite this example, it’s hard to predict without knowing more what the judge will likely rule on whether the settlement is fair overall. In addition to the money, the company promised to improve its diversity training for supervisors and hire an industrial psychologist and two labor statisticians to review its pay and promotion policies and to recommend improvements. As Jason Bent recently suggested, having an external monitor to report to the court and some sort of ongoing supervision would be even better.

This article originally appeared in Workplace Prof Blog on October 24, 2009. Reprinted with permission from the author.

About the Author: Marcia L. McCormick joined the SLU LAW faculty in 2009. Her scholarship explores the areas of employment and labor law, federal courts, and civil rights, broadly defined. She is also a co-editor and contributor to Workplace Prof Blog, which provides daily information on developments in the law of the workplace and scholarship about
it.

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