DOJ Settles NYC Religious Discrimination Lawsuit

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Wednesday, May 30, 2012

Justice Department Settles Religious Discrimination Lawsuit Against New York City Transit Authority

The Justice Department announced today that it has reached a settlement with the New York City Transit Authority (NYCTA) to resolve allegations that the NYCTA is engaged in a pattern or practice of religious discrimination.

The Justice Department filed its complaint in September 2004 in the U.S. District Court for the Eastern District of New York.   The complaint alleged that the NYCTA violated Title VII of the Civil Rights Act of 1964 by selectively enforcing its uniform headwear policies against employees who are unable to comply for religious reasons and by failing or refusing to reasonably accommodate those employees whose religious practices require an accommodation from the NYCTA’s uniform headwear policies.   Title VII prohibits discrimination in employment on the basis of race, color, sex, national origin and religion.  

According to the Justice Department’s complaint, the NYCTA had not enforced its uniform headwear policies prior to Sept. 11, 2001.   However, beginning in or about March 2002, the NYCTA began to selectively enforce those policies against Muslim and Sikh employees, moving them or threatening to move them out of public contact positions because the employees, consistent with their sincerely held religious beliefs, refused to attach NYCTA logos to their khimars and turbans, respectively.  

Under the terms of the settlement agreement, which must still be approved by the court, the NYCTA must:   (1) adopt new uniform headwear policies, which would allow employees working in public contact positions to wear khimars, yarmulkes, turbans, kufis, skullcaps, tams and headscarves without attaching anything to the headwear; (2) implement and distribute a new religious accommodation policy consistent with Title VII’s requirement to reasonably accommodate the religious practices of all employees and prospective workers; and   (3) provide guidance to and ensure that training is completed by the NYCTA personnel responsible for implementing the agency’s new religious accommodation policy and procedure.  Additionally, the NYCTA will pay $184,500, divided among eight current and former NYCTA employees who were denied religious accommodations related to the NYCTA’s prior uniform headwear policies.

“This settlement agreement sends a clear message that the Department of Justice will not tolerate religious discrimination,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “I am pleased that the NYCTA has agreed to end its discriminatory practices that for years have forced employees to choose between practicing their religion and maintaining their jobs.”

The continued enforcement of Title VII has been and remains a priority for the Justice Department’s Civil Rights Division.   Additional information about the Civil Rights Division is available at its website at www.usdoj.gov/crt.

DOJ Settlement: HIV Discrimination

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Friday, May 11, 2012

Health Care Providers Settle with Justice Department Over Complaints of HIV Discrimination

The Justice Department announced that it has reached two settlements today resolving claims that health care providers refused to serve people with HIV in violation of the Americans with Disabilities Act (ADA).  

The first complaint was filed by a man with HIV who went to the Mercy Medical Group Midtown Clinic in Sacramento, Calif.   After meeting with the patient and examining him, a podiatrist at the clinic informed the patient of his treatment options.   Although surgery was one of the treatment options, the podiatrist incorrectly told the patient that he could not perform the surgery because of a risk that he would contract HIV from the patient during surgery.   The United States determined that the podiatrist’s actions violated the ADA by denying the patient the full and equal enjoyment of the services offered at the clinic on the basis of his disability.

The second complaint was filed by a man with HIV who went to the Knoxville Chiropractic Clinic North in Knoxville, Tenn., for chiropractic treatment following an automobile accident.   After examining him, the doctor determined that the patient required 24 subsequent appointments to treat his injuries.   On his third visit to the clinic, however, the receptionist informed him that the doctor would not see him because they could not treat people “like him.”   The United States determined that Knoxville Chiropractic Centers had a blanket policy of refusing treatment to persons with HIV in violation of the ADA.

“It is critical that people with disabilities, including HIV, not be denied equal access to goods and services, especially to health care services.   The Civil Rights Division takes discrimination based on unfounded fears and stereotypes about HIV very seriously,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “We applaud Mercy Medical Group and CHW Medical Foundation, as well as Knoxville Chiropractic Centers, for working cooperatively with the Justice Department to resolve these matters quickly and fairly.”  

The settlement agreements require the entities to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.   In addition, Mercy Medical Group and CHW Medical Foundation are required to pay $60,000 to the complainant and $25,000 as a civil penalty, and Knoxville Chiropractic Centers is required to pay $10,000 as a civil penalty.  

The ADA requires public accommodations, like doctors’ offices, medical clinics, hospitals and other health care providers, to provide individuals with disabilities, including people with HIV, equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.  

The Department of Justice provides a webpage specifically dedicated to information about the ADA and HIV at www.ada.gov/aids.   Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed by email toada.complaint@usdoj.gov.

Texas Elections Require Monitoring; DOJ

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Friday, May 13, 2011

Justice Department to Monitor Elections in Texas

WASHINGTON – The Justice Department announced today that it will monitor municipal elections on May 14, 2011, in Galveston, Jefferson, Liberty, Medina and San Patricio Counties in Texas to ensure compliance with the Voting Rights Act of 1965.  The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.  In addition, the act requires certain covered jurisdictions to provide language assistance during the election process.  The monitored jurisdictions are required to provide language assistance in Spanish.

Under the Voting Rights Act, the Justice Department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the attorney general or by a federal court order.  Federal observers will be assigned to monitor polling place activities in Galveston, Jefferson and Medina Counties based on the attorney general’s certification.   The observers will watch and record activities during voting hours at polling locations in these counties, and Civil Rights Division attorneys will coordinate the federal activities and maintain contact with local election officials.  

*****
LINK to release

Former Employees Settle Race Discrimination and Retaliation Lawsuit in Arkansas

PRESS RELEASE
4-18-12

Little Rock Real Estate Company Settles EEOC Race Discrimination and Retaliation Suit

Bankers Asset Management Will Pay $600,000 for Excluding Blacks for Jobs and Punishing Employees for Complaining About Bias

LITTLE ROCK, Ark. – Bankers Asset Management, Inc., a real estate company in Little Rock, will pay $600,000 to former employees and a class of applicants to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity (EEOC), the agency announced today.
The EEOC’s suit, Civil Action No. 4:10-CV-002070-SWW, filed in U.S. District Court for the Eastern District of Arkansas, Western Division, alleged that the company excluded black applicants for jobs at the company’s Little Rock location based upon their race.  The EEOC also alleged that the company retaliated against other employees and former employees for opposing or testifying about the race discrimination, by demoting and forcing one out of her job and by suing others in state court.  The EEOC attempted to resolve this matter during conciliation prior to filing suit.
Race discrimination and retaliation violate Title VII of the Civil Rights Act of 1964.
In addition to injunctive and monetary relief, the three-year consent decree settling the lawsuit requires that BAM:

• provide mandatory annual three-hour training on race discrimination and retaliation under Title VII to all of its employees;
• have its president or another officer appear at the training to inform staff of the company’s non-discrimination policy regarding race and retaliation; that the company will not tolerate such discrimination; and the consequences for discriminating in the workplace;
• maintain records of complaints of race and retaliation discrimination;
• provide annual reports to the EEOC regarding such complaints;
• issue a memo to one of the hiring officials explaining that BAM does not discriminate on the basis of race and retaliation; and
• post a notice to employees about the lawsuit that provides the EEOC’s contact information.

“Excluding qualified individuals from job opportunities because of their race or in retaliation for exercising protected rights are fundamental violations of the laws we enforce,” said EEOC General Counsel David Lopez.  “As this case demonstrates, the EEOC is prepared to vigorously pursue such cases and resolutions that help ensure that workplaces will be free from discrimination.  Recent cases we have filed alleging hiring discrimination, such as our suit against Bass Pro, demonstrate this continued commitment.”
“We are pleased that this company worked with us to reach a satisfactory resolution in this matter to ensure black applicants will be judged based on their qualifications,” said Faye A. Williams, regional attorney for the EEOC’s Memphis District Office.  “The measures in the decree will work to ensure that African-American applicants are treated in the same manner as others, and that employees who have the courage to oppose race discrimination are protected against retaliation.”
BAM is an Arkansas corporation engaged in real estate, real estate-owned properties, broker management and asset management in the Little Rock area.
The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its website at www.eeoc.gov.

Boss Calls Employee the N-word; Another person fired for complaining

Bias cases are hitting in record numbers at EEOC. Here is one out of Michigan --

Mark Louks was angered when his boss at Noble Metal Processing in Warren, Michigan used the N-word to refer to a black co-worker.

Louks, who is white, complained: to his boss, to his union and to the U.S. Equal Employment Opportunity Commission., and got fired.

"I was brought up to believe that everybody should be treated equally," said Louks, 54, of Eastpointe, telling his story to a reporter for the Detroit Free Press.

Louks is among a growing number of U.S. workers to turn to the EEOC to combat job discrimination. The agency received a record 99,947 complaints last year -- a 20.7% increase since 2007. It also obtained $513.6 million in compensation and other benefits for workers.

In 2008, the EEOC sued Noble in federal court, accusing it of repeatedly denying promotional opportunities to nonwhites and of retaliating against Louks.

The company denied the charges, but settled out of court in 2010, paying $190,000 to Louks and several minority workers.

The EEOC would have required the firm to launch an anti-discrimination training program, but it went out of business. Its lawyer wouldn't comment, writes David Ashenfelter for the Detroit Free Press.

Louks told Ashenfelter he has struggled since the firing to find steady work, but has no regrets: "Somebody had to stand up."

See the rest of this story --

Sanford, Florida Black Teen Gunned Down by Neighbor; Police Look Other Way

News Release
For Information, Contact
ColorOfChange.org
March 19, 2012

Civil Rights Group Launches Campaign Urging the U.S. Department of Justice to Arrest Trayvon Martin's killer and Investigate the Sanford Police Department

March 19, 2012

New York, NY – Civil rights group ColorOfChange.org today launched a campaign calling on the US Department of Justice to take over the case of Trayvon Martin, arrest Martin's killer, and launch an independent investigation into the Sanford Police Department's unwillingness to protect Martin's civil rights.

In an email to members, the organization makes the case that Sanford police botched their questioning of Zimmerman, the self-appointed neighborhood watch captain who killed Martin. ColorOfChange members are now signing a petition calling on federal intervention on the grounds that Sanford police refused to take the full statements of witnesses and pressured neighbors to side with the shooter's claim of self-defense.

"The tragic killing of Trayvon Martin and subsequent mishandling of this case by Sanford police is yet another reminder that to some, simply being Black in America is a crime." said ColorOfChange Executive Director Rashad Robinson. "While the campaign for justice in this case will not bring back Trayvon, this is an opportunity for people of all races to stand with his family and families across the country who have seen the impact of a justice system that places so little values on the lives and dignity of Black people."

Sanford's police department has a history of failing to hold perpetrators accountable for violent acts against Black victims. In 2010, the son of a police officer went free after beating a Black homeless man unprovoked. Five years earlier, two security guards went unpunished after killing a Black teenager who was dropping friends off at their homes.

The State Attorney's office has rubber-stamped the Sanford police's questionable investigation, claiming that there is not enough evidence to support even a manslaughter conviction.

"The ColorOfChange community sends its deepest condolences to Trayvon's family," Robinson said. "It shouldn't be a privilege for anyone to safely buy candy and soda at their neighborhood store. It is time for the Justice Department to step in and ensure that the rule of law is applied."

###

With more than 800,000 members, ColorOfChange.org is the nation’s largest African-American online civil rights organization.

Social Justice, Civil Rights and Retirement

A quick note to readers of this Civil Rights and Social Justice blog --

Please drop by my newest blog, The Retirement Monologues at http://retirementmonologues.com/, where I am focusing on the latest retirement issues that face many of us as we march on through life. Not financial planning (everyone else worries about that), but fun stuff like what are you going to be doing as you retire. Travel? Go fishing? Write blogs that matter?

It would be particularly interesting to comments that relate to Social Justice, Civil Rights and retirement... Any ideas??

I will be interviewing lots of people, commenting on related social and political issues, and trying to pass on some of the more unique and interesting aspects of retiring and staying engaged. If you know of someone who would make a good interviewee, please let me know.

Meanwhile, please drop by and say hello. I would love to have your comments on posts and I am always looking for contributed articles to post on this topic. I have targeted this blog  to women's issues, but hey, everyone is invited to drop by and share their thoughts.

Just finished a post, by the way, on women who are leaving the workforce to start up their own businesses because they are sick and tired of the discrimination wars. Would appreciate your comments and thoughts.

Thanks, Susan Klopfer

The Retirement Monologues

New Mexico Teen Kicked Out of School and Publicly Humiliated For Pregnancy; the New Scarlet Letter?

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

GALLUP, N.M. – The American Civil Liberties Union and the ACLU of New Mexico filed a lawsuit today on behalf of Shantelle Hicks, 15, who was initially kicked out of middle school and then publicly humiliated at an assembly by the school director and another staff member because she was pregnant. 

The complaint alleges that school administrators violated Hicks’ constitutional right to equal protection under the law, Title IX’s prohibitions against sex and pregnancy discrimination and violations of her right to privacy. 

“It was so embarrassing to have all the other kids staring at me as I walked into the gymnasium,” said Hicks. “I didn’t want the whole school to know I was pregnant because it’s not their business, and it wasn’t right for my teachers to single me out.” 

Hicks attends Wingate Elementary School, a Bureau of Indian Affairs boarding school, and is currently in the eighth grade. She discovered she was pregnant approximately three weeks before the assembly, and she and her mother told the director of the middle school and two other staff members. They initially responded by kicking her out of school. The ACLU of New Mexico sent a demand letter to the school, informing them that it is illegal to deny a student access to education because of pregnancy status. Wingate readmitted Hicks after four missed days of instruction. 

Approximately two weeks later the director of the middle school and another staff member had Hicks stand before the entire middle school at an assembly and announced that she was pregnant. Until that point, no one other than Hicks’ sister knew that she was pregnant. 

“Too often, pregnant students face significant barriers or outright discrimination in school,” said Galen Sherwin, staff attorney with the ACLU Women’s Rights Project. “Instead, schools should give pregnant and parenting students the support they need to help them succeed, for both themselves and for their children.”  

“The ACLU’s lawsuit seeks damages and declaratory relief for violations of Hicks’ constitutional right to equal protection under the law and of Title IX prohibitions against sex and pregnancy discrimination in education.” 

“We believe that Wingate intentionally humiliated Shantelle in retaliation for her refusal to leave the school,” said ACLU of New Mexico cooperating attorney Barry Klopfer. “It is outrageous that educators would subject a young woman in their care to such cruelty. Adopting one’s moral convictions from the Scarlet Letter is completely inappropriate and fails to take into account a child’s educational needs.” 

Lawyers on this case include Klopfer, Alexandra Freedman Smith, Laura Schauer Ives and Maureen Sanders of the ACLU of New Mexico; and Sherwin and Lenora Lapidus of the ACLU Women’s Rights Project. 

More information about this case can be found at: www.aclu.org/womens-rights/hicks-v-edsitty-beach

Dear Civil Rights and Social Justice News Readers:

Just got a wonderful story passed on to me, via eMail, and I wanted to share it with you:

A 50-something year old white woman arrived at her seat on a crowded flightand ... immediately didn't want the seat. The seat was next to a black man.Disgusted, the woman immediately summoned the flight attendant and demandeda new seat. The woman said "I cannot sit here next to this black man." Thefight attendant said "Let me see if I can find another seat." Afterchecking, the flight attendant returned and stated "Ma'am, there are nomore seats in economy, but I will check with the captain and see if thereis something in first class." About 10 minutes went by and the flightattendant returned and stated "The captain has confirmed that there are nomore seats in economy, but there is one in first class. It is our companypolicy to never move a person from economy to first class, but being thatit would be some sort of scandal to force a person to sit next to anUNPLEASANT person, the captain agreed to make the switch to first class."Before the woman could say anything, the attendant gestured to the blackman and said, "Therefore sir, if you would so kindly retrieve your personalitems, we would like to move you to the comfort of first class as thecaptain doesn't want you to sit next to an unpleasant person." Passengersin the seats nearby began to applause while some gave a standing ovation.If you are against racism, share this.

After listening to all of the crap that is being said during the GOP primaries (racist, sexist, homophobic and more), this finally brought me a smile, and I hope it does to you, too.

Susan

You can follow this blog by email...

DOJ Takes on Tucson Unified School District in Arizona; Civil Rights News

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE

Monday, August 1, 2011

Justice Department Settles Employment Discrimination Lawsuit Against the Tucson Unified School District in Arizona

WASHINGTON – The Department of Justice announced today that it has entered into a consent decree with the Tucson Unified School District (TUSD) that, if approved by the U.S. District Court for the District of Arizona, will resolve the department’s complaint alleging sex and/or national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended. The complaint alleges that the TUSD discriminated against Donna Guzman, Marcia Vela, Veronica Leon, Jimmy Miranda and Eddie Montano, female and/or Hispanic custodial employees of its Rincon/University High School (RHS), by subjecting them to harassment and a hostile work environment based on sex and/or national origin.

The complaint, which was filed along with the proposed consent decree in the U.S. District Court for the District of Arizona, alleges that the TUSD violated Title VII by failing to take effective action that would stop one of its employees – a white, male custodian – from subjecting his co-workers to a series of harassing and abusive comments based on their sex and/or national origin, and subjecting Guzman and Vela to physical intimidation based on their sex and/or national origin, after the female and/or Hispanic co-workers had complained about his behavior to RHS and TUSD supervisory personnel numerous times.

Under the terms of the consent decree, TUSD must pay a total of $45,000 to Guzman, Vela, Leon, Miranda and Montano in compensatory damages. The consent decree also provides for injunctive relief requiring the TUSD to enforce its policies and procedures that prohibit sex and national origin discrimination and to train its officers and other employees on the prevention of sex and national origin discrimination.

“The Justice Department is committed to the vigorous enforcement of all federal civil rights laws under its jurisdiction, including Title VII’s prohibition against harassment in the workplace,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “This lawsuit should send a clear message that the Department will take necessary action to eliminate and remedy the effects of unlawful harassment in our public sector workplaces.”

The lawsuit is based on two charges of discrimination filed by Guzman and Vela with the Equal Employment Opportunity Commission (EEOC). After investigating the charges, finding reasonable cause to believe that the TUSD had discriminated against the charging parties and their similarly-situated co-employees and unsuccessfully attempting to conciliate the matter, the EEOC referred the charges to the department. More information about the EEOC is available at www.eeoc.gov.

The enforcement of Title VII and other federal employment discrimination laws is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division and its work is available on its website at www.justice.gov/crt .

11-992

Attorney General

'Refuse to Serve' Signs a 'Stupid Way to Do Business,' Diversity eBook Author Warns

(Gallup, NM) -- Any retailer that posts a sign announcing they “reserve the right to do business with anyone for any reason," might consider some business advice given by the author of a new, multicultural business eBook:

"That's a pretty stupid way to get new customers!"

Susan Klopfer, author of Cash In On Diversity, says she "can’t believe what I am seeing when I walk into retail stores with signs like this.

"What is going through the head of any business owner that appears to say, ‘Hey, if I don’t like the color of your skin, or how you look or act, I can tell you to leave my store and I don’t have to be rational or even follow the law’.”

Klopfer, a communication specialist, moved to New Mexico in January and said she is surprised that in a state with such a diversity of population, business ‘refusal’ signs are still common in many communities.

“For many people – whether or not they fit into a ‘minority’ classification, such a statement harkens back to the days when non-white people were actively discriminated against by racist retailers. So, why would any business owner in their proper mind – someone who wants to make money by serving as many people as possible -- post a potentially offensive sign in their store in this day and age,” she asks.

Klopfer, who holds a graduate degree in business and operates a small business, gives a quick sociology lesson: almost half, nearly 40 percent, of the U.S. population doesn’t fit the white family stereotype that made marketing in the 60s so easy – the image of June Cleaver and her popular family.

“Leave it to Beaver days are over! The changing cultural landscape of the country is exciting and offers so much opportunity. This requires all of us in business to think about the best way to start an engaging conversation.

An offensive sign that brings back memories of our country’s worst behaviors, the days of water hoses and black children being hosed down, simply is not a way to start a good conversation with any customer.”

Klopfer says she still remembers the “horrible images from the 1950s” when watching television with her parents, and often asks store owners to explain their signs when she sees them.

“It can be an interesting encounter. Sometimes, the store owner is quite defensive, even when I quietly explain how I feel about their sign and why. But I do think they get the message, and I ask others to ‘run’ the same ‘social experiment’.

"This type of bigotry, whether or not it is purposefully intended, really harms all of business and can be so hurtful.

“One has to wonder. Who is the store owner targeting? Would they kick out a gay couple holding hands? Do they want poor people to stay away? Are they directly targeting Native Americans? Often, the store owner can’t even answer these questions, probably because they haven’t given their sign enough thought in the first place. Yet, I am sure they want to have a successful business and make money from lots of customers.”

Cash In On Diversity, published by Smashwords (distributor of eBooks to the
Apple iBookstore, Barnes & Noble, Sony Reader Store, Kobo and the Diesel eBook Store) blends practical experience with academic findings and provides do-able solutions for companies that are trying to grow their customer base, capturing a better representation of ethnicity and cultures.

The 12 chapter eBook features a diversity and psychology FAQ contributed by a social and clinical psychologist, a discussion of five common diversity mistakes companies make, specific tips for communicating with non-native speakers, an 11-point organizational diversity analysis, the script from Klopfer’s popular diversity webinar, followed by a complete glossary of critical diversity terms (“from Abrahamic religions to xenophobia”).

Klopfer’s interest in diversity comes through her business and civil rights background. She holds a master’s degree in business from Indiana Wesleyan University and an undergraduate degree in communication from Hanover College. The former Missouri journalist and Prentice Hall editor wrote three civil rights books on the Mississippi Delta and also wrote a Book of-the-Month alternate selection on personal computing, published by Prentice Hall. She has also written books on home-based businesses and how to use the Internet.

Klopfer recently moved to Gallup, a highly multicultural community, where she opened a vintage and southwestern gallery – “a quiet, little shop in a multicultural community where I can write, enjoy art and meet interesting people.”

Friends of Justice Special Report: Governor Barbour Suspends Scott Sisters Sentences

Dr. Alan Bean of the Friends of Justice reports that Governor Hailey Barbour has suspended the sentences of Gladys and Jamie Scott.

As the announcement appears below indicates, this was a political compromise. According to the governor's announcement, "The Mississippi Parole Board reviewed the sisters' request for a pardon and recommended that I neither pardon them, nor commute their sentence." If no one in the wider world was paying attention, this would have been the end of the matter. But thanks to Nancy Lockhart, the civil rights community is well aware of this egregious case and, with Mr. Barbour already on the hot seat for his racial tin ear he had good reason to look for a third way.

Like the vast majority of defendants, the Scott sisters can't prove their innocence. The case against them was badly over-prosecuted, state witnesses have complained of harassment, and the trial was a travesty. But even if you think Gladys and Jamie done the deed, it is difficult to justify a five-year sentence in a case like this let alone double-life. What kind of jury would hand down sentences appropriate to an abduction-torture-rape-murder scenario for an alleged crime netting $11?

Well, if the comments section in Mississippi newspapers is anything to go by, there are a lot of folks in Mississippi who are quite prepared to take an eye-for-an-ear-lobe for any sort of crime if the defendants are presented as stereotypical thugs. The response of the Mississippi Parole Board is disappointing, to say the least. A recommendation of pardon or commutation would have amounted to an admission of judicial over-kill. A mere suspension creates the impression that the Scott Sisters deserved every year of their sentences but the good governor has a compassionate heart.

I doubt Gladys and Jamie are particularly concerned about the legal niceties--they just want to breathe in the free world again. And soon they will! That is good news indeed.

Dec. 29, 2010

GOV. BARBOUR’S STATEMENT REGARDING RELEASE OF SCOTT SISTERS

"Today, I have issued two orders indefinitely suspending the sentences of Jamie and Gladys Scott. In 1994, a Scott County jury convicted the sisters of armed robbery and imposed two life sentences for the crime. Their convictions and their sentences were affirmed by the Mississippi Court of Appeals in 1996.

"To date, the sisters have served 16 years of their sentences and are eligible for parole in 2014. Jamie Scott requires regular dialysis, and her sister has offered to donate one of her kidneys to her. The Mississippi Department of Corrections believes the sisters no longer pose a threat to society. Their incarceration is no longer necessary for public safety or rehabilitation, and Jamie Scott's medical condition creates a substantial cost to the State of Mississippi.

"The Mississippi Parole Board reviewed the sisters' request for a pardon and recommended that I neither pardon them, nor commute their sentence. At my request, the Parole Board subsequently reviewed whether the sisters should be granted an indefinite suspension of sentence, which is tantamount to parole, and have concurred with my decision to suspend their sentences indefinitely.

"Gladys Scott's release is conditioned on her donating one of her kidneys to her sister, a procedure which should be scheduled with urgency. The release date for Jamie and Gladys Scott is a matter for the Department of Corrections.

"I would like to thank Representative George Flaggs, Senator John Horne, Senator Willie Simmons, and Representative Credell Calhoun for their leadership on this issue. These legislators, along with former Mayor Charles Evers, have been in regular contact with me and my staff while the sisters' petition has been under review."

Link to Friends of Justice News Feed -- http://feeds.feedburner.com/FriendsOfJustice

Jury selection begins Monday for a 45-year-old civil rights case in Alabama

Kathy Lohr of National Public Radio reports that Jury selection begins Monday for a 45-year-old civil rights case in Alabama. A former state trooper is charged with murder in the shooting death of Jimmie Lee Jackson, a black protester who was killed in 1965. Jackson's death united civil rights leaders across the country and led to the historic Selma-to-Montgomery march.

Marion, Ala., 1965...In the Deep South of 1965, segregation was the law of the land. Anyone who protested against the system was met with violence. Not far from Selma, Ala., in Marion, a group of African Americans was gathering in a church at night. Alabama state troopers, including James Bonard Fowler, were called in to break up the meeting, and, using billy clubs, they began beating protesters, including 26-year-old Jimmie Lee Jackson.

Continued --







 

Status of Black US Males in "Crisis" New York Report States

(Buffalo News) The Council of Great City Schools today released a stark report detailing the status of young black males in the United States.

“The nation’s young black males are in a state of crisis,” the authors write. “This report is likely to make people angry, and it should. We hope that this is a louder and more jolting wake-up call to the nation than this country is used to hearing.”

Some of the key facts they cite:

- Black males are twice as likely to drop out of high school as white males.

- Ten percent of black males have a bachelor’s degree, compared to 18 percent of white males.

- White males who did not graduate from high school earn $5,000 a year more than black males who dropped out. White males with a master’s degree earned $20,000 more than black men with a master’s degree.

Here's more --

http://www.cgcs.org/publications/Call_For_Change.pdf

Color of Change Org. Asks People to Help Black Farmers Get Due Settlement From U.S.D.A.

http://www.colorofchange.org/pigford/?id=2413-900765

For more information, contact: ColorofChange.org

Please Cut, Paste and Send the following:

Dear friends,

For years, the US Department of Agriculture (USDA) denied Black farmers loans and other aid easily approved for White farmers. Many Black farming families lost their land and livelihoods as a result. The farmers sued the government for damages and won -- but only a fraction of them ever got paid.[1]

As a Senator, Barack Obama helped to secure a new settlement for the remaining Black farmers, but Senate Republicans have repeatedly blocked funding for it. A growing chorus of voices, including the Congressional Black Caucus, has called on the White House to directly address this injustice and pay these farmers what they're owed out of administrative funds -- but so far it hasn't.[2]

I've joined ColorOfChange.org in calling on President Obama to do right by these farmers. Will you join us? It takes just a moment:

http://www.colorofchange.org/pigford/?id=2413-900765

For more than a generation, managers at the United States Department of Agriculture systematically turned down Black farmers' applications for loans and other critical forms of aid. These loans are the lifeblood of farming, and without them many Black-owned farms were foreclosed on -- and resold to White farmers.

This insidious discrimination enabled some White farmers to prosper and grow at the expense of generations of Black families who sought to make a living off the land. At the same time, it devastated the Black farming community. While 14% of all farmers were Black at the turn of the last century,[3] by 2002 only 1.4% were Black.[4]

Black farmers eventually filed a class action lawsuit against the federal government, winning a landmark legal settlement in 1999. At the time, the USDA paid only a portion of the farmers with legitimate claims, so a second settlement was announced -- but Congress never approved funding to pay the remaining farmers.[5]

Republican obstruction has been the main stumbling block on the Black farmers' long road to justice. Senate Republicans have repeatedly stood in the way of funding the settlement. First they demanded that the money to pay the farmers not add to the national budget deficit.[6] Even after that requirement was satisfied, they once again blocked a vote on the appropriation.[7]

Members of the Congressional Black Caucus are rightfully furious at the Republicans' stalling, and have called on President Obama to bypass the legislative process by paying the settlement out of administrative funds.[8] The White House has maintained that it doesn't have the money to pay the $1.25 million settlement -- but at the same time, the administration promised to find $1.5 billion to pay disaster relief for wealthier, mostly White farmers in Arkansas.[9]

With Congress becoming even more conservative after November's election, it is even less likely that funding for the Black farmers' discrimination settlement will be funded in next year's Congress. It needs to happen now.

The White House has worked hard to pass the funding through Congress, but now they need to show Congressional Republicans that they mean business. As the CBC pointed out, justice delayed is justice denied for these aging men and women. Every day, another farm is foreclosed on and more farmers die without having been compensated for the shattering discrimination they faced. Please join me and the rest of the ColorOfChange.org community in supporting the CBC's call for President Obama to fund the Black farmers' settlement. And when you do, please ask your friends and family to do the same:

http://www.colorofchange.org/pigford/?id=2413-900765

Thanks.

References

1. http://www.yesmagazine.org/article.asp?ID=433
2. http://bit.ly/aVTiI4
3. http://tinyurl.com/cxohg2
4. http://wikileaks.org/wiki/CRS-RS20430
5. http://wikileaks.org/wiki/CRS-RS20430
6. http://bit.ly/aheAdR
7. http://bit.ly/98ZtDD
8. http://bit.ly/aVTiI4

Diversity Business Book Uses Storytelling and Personal Anecdotes; Targets Inexperienced Supervisors, Managers

Susan Klopfer, diversity author

News Release
Contact: Susan Klopfer
Group Klopfer~ Mount Pleasant, IA
Cell 505-728-7924 ~ sklopfer@gmail.com
Author Bio: www.susanklopfer.com

Diversity Business Book Uses Storytelling and Personal Anecdotes; Targets Inexperienced Supervisors, Managers

A new business book that gives advice on how to manage diversity targets inexperienced supervisors and managers. Profit From Diversity: Getting Along With Others, set for Nov. 15 publication, is geared to business leaders who have little or no training in diversity management, author Susan Klopfer said.

“This is why I emphasize story-telling and include a unique glossary – one with down-to-earth definitions of diversity-related key words,” said Klopfer, who also weaves in personal examples throughout the book’s glossary to “make points relevant” for readers.

“For instance, I share my own story about travelling to Germany and getting off the plane to hear a language I don’t speak, and how the sound of people talking seems amplified. I recount feeling frustrated and even dizzy while trying figure out how to use the phones at the airport. When I found it difficult to follow instructions, even though I was trying to use a German language tourist book and getting a lot of help from Germans, I became silently angry at myself and the situation.

"But then I took a few deep breaths, sat down for a couple of minutes, and recognized I was simply experiencing some ‘culture shock’ – an encounter that anthropologists and other social scientists have written about for many years. After a few minutes, I was okay and in a better mood to figure out the telephone system. Next came learning how to signal taxis!”

Whether a person enters a host culture as a short-time visitor or as an immigrant, culture shock can be a devastating response, Klopfer continues. “Studies show that from 30 percent to 60 percent of expatriates or people who make a permanent move outside of their own country suffer serious culture shock, manifesting as anxiety and stress. Business managers, supervisors and all employees need to understand this kind of information so that we can have empathy and understanding to work better with others in the growing global markets.”

Profit From Diversity: Getting Along With Others, was written for anyone in business who wants to learn more about using diversity successfully to grow their company, including personnel, marketing, management, supervision − but also has important messages for educators, ministers, health and mental health professionals, lawyers and students, as well as anyone else who is interested in the world around them, Klopfer states.

The first part of the Iowa author’s book revolves around stories of four different people who work in business organizations and are confronted with diversity issues involving ethnic differences, gender discrimination, empowerment and change management.

“I learned about what real people were going through, while interviewing them at their businesses, as part of my research. Through their true accounts, readers will learn more about what it feels like to be the ‘different’ person at work, for instance the person who comes to this country from an Island culture and goes to work in a small town where she is asked to prepare a ‘special dinner’ every year so her co-workers can learn more about her culture.”

The problem with this particular practice, Klopfer explains, is “while it seems like a friendly-enough gesture, everyone focuses on this employee’s ethnic differences, which actually keeps her at a distance, making it harder for her to become a part of the team and contribute her unique talents to the team.”

Managing diversity is tricky. A company executive might believe she is managing diversity simply because the company employs minorities, women or others who are not part of the majority culture, usually white males, Klopfer said.

“There is far more to be done to make and keep a company diverse, and to use this diversity to benefit the company’s bottom line. Real problems arise – and employees representing diversity may leave or do not contribute their unique talents, for many reasons – when diversity is not managed well. White males are sometimes shut out, for instance, and not allowed to make their unique contributions when diversity management is not the focus.”

Klopfer says her book cites important social research, but also has “plenty of interesting true stories and accounts.” It is written “at a high school level with the goal of making it easy to read and interesting for just about anyone."

Profit From Diversity: Getting Along With Others is set for publication by CreateSpace in both e-book and print book formats to coincide with American Education Week that is annually observed beginning in the third week of each November. Susan Klopfer is a Missouri award-winning journalist and author of three civil rights books. She is a former acquisitions and development editor for Prentice Hall.

-30-

Diversity Briefs: Disabled Still Get Cool Reception in U.S. Workplace

Bloomberg Business Week
Executive Health
Kessler Foundation, News Release

FRIDAY, Oct. 8 (HealthDay News) -- While many American companies say that hiring people with disabilities is important, few of them actually hire these job seekers or take steps to provide a welcoming work environment, a new survey finds.

The national poll of 411 senior executives and human resource managers found that 70 percent of respondents' companies have diversity policies or programs in place, but only two-thirds of those with programs include disability as a component.

Only 18 percent of companies offer an education program designed to integrate people with disabilities into the workplace, and only 19 percent of companies have a specific person or department that oversees the hiring of people with disabilities, compared with 40 percent in 1995.

Among the other findings:

Only 7 percent of companies with disability programs offer a disability affinity group (a group promoting disability awareness).
Slightly more than half of respondents estimated what percentage of new hires in the past three years were people with disabilities, and on average the number they came up with was 2 percent.
The survey was released Tuesday by the Kessler Foundation and the National Organization on Disability (NOD). October is National Disability Employment Awareness Month.

Only 21 percent of people with disabilities ages 18 to 64 are working either full- or part-time, compared to 59 percent of people without disabilities, according to data released in July 2010 by the two groups. Those findings suggest little progress has been made since the Americans With Disabilities Act was implemented in 1990, the researchers said in a Kessler Foundation news release.

"America's success in the global economy depends on how well we put to use the productive capacity of every person's talent, skill and ability. This new survey reveals that most employers are not aware of the unique contribution that workers with disabilities can make and do little to recruit them," Carol Glazer, NOD president, said in the release.

"The shockingly high unemployment rate among people with disabilities suggests that employers seeking dependable workers have a rich and ready talent pool of workers from which to draw," she added.

More information

The U.S. Office of Disability Employment Policy offers work information for people with disabilities.

-- Robert Preidt

SOURCE: Kessler Foundation, news release, Oct. 5, 2010

Workplace Violence Ends in Suicide; University Slow to Respond

Workplace violence and bullying, like school violence and bullying, needs to be stopped. In this case, a major university was involved -- and apparently, did nothing to help this man who eventually committed suicide. What a shame.

Kevin Morrisey, the 52-year-old managing editor of the award-winning Virginia Quarterly Review, walked to a nearby area of the University of Virginia campus on July 30, 2010, and shot himself in the head. According to an ABC News report, 18 calls were made to appropriate officials to report that Morrisey was the target of workplace bullying and was seeking protection from his employer. The report alleges that the university may not have responded in a timely manner to the employee’s plea for help.

Morrisey’s suicide is only one of many workplace shootings that result from bullying. In fact, the growing epidemic of workplace bullying has been featured in a recent documentary entitled, Murder by Proxy, released in parts of the U.S. and Canada.

Workplace bullying expert Dr. Gary Namie, President of the Workplace Bullying Institute defines bullying as “repeated mistreatment: sabotage by others that prevent work from getting done, verbal abuse, threatening conduct, intimidation and humiliation.”

Read more on Workplace Bullying...Continued --

Arizona's 'Tough Sheriff' Must Answer To Justice Department; Discrimination Against Hispanics

By AMANDA LEE MYERS, PAUL DAVENPORT
The Associated Press

PHOENIX — The Justice Department sued the nation's self-proclaimed "toughest sheriff" on Thursday, calling Joe Arpaio's defiance of an investigation into his office's alleged discrimination against Hispanics "unprecedented."

It's the first time in decades a lawman has refused to cooperate in one of the agency's probes, the department said.

The Arizona sheriff had been given until Aug. 17 to hand over documents the federal government first asked for 15 months ago, when it started investigating alleged discrimination, unconstitutional searches and seizures, and jail policies that discriminate against people with limited English skills.

From AP, continued

U.S. Demographics Changing; Businesses That Adapt To Diversity Will Move Out Ahead of Others

Wednesday, September 1, 2010
Contact: Susan Klopfer, MBA
Group Klopfer
Cell 505-728-7924
sklopfer@gmail.com
www.susanklopfer.com

U.S. citizens are changing, whether they know it or not. "Besides getting older, our skin color is changing. Even our taste for food, how we dress and the religions we follow are undergoing major transformation.

"From businesses to families — new languages, new relationships and new music and entertainment are emerging into our lives," says diversity expert, Susan Klopfer.

People once called "minorities" are becoming the majority and are introducing a whole new set of likes and dislikes...and requirements, says Klopfer, who is also a civil rights author and diversity consultant.

Klopfer draws on vital statistics, like this data recently reported by the U.S. government: half the country's population will be members of ethnic minorities by 2050, according to the Census Bureau.

How can businesses−from banks to colleges (large and small)−adapt to what some see as chaos, and thrive?

It is clear, some organizations are having a very difficult time addressing the needs of new employees, Klopfer states -- "...those employees who are not part of the curret majority group, which is typically white and male."

“Unfortunately, some businesses are not recognizing the importance of the changing workforce and marketplace and many are being sued left and right over employment discrimination." Klopfer shares some shocking statistics:

In one major study using data from the Equal Employment Opportunity
Commission, discrimination charges increased by 77 percent in a 7-year period. Of these complaints, 37 percent sued over racial discrimination, 31 percent charged sexual discrimination and harassment, 9 percent alleged discrimination based on national origin and the remaining 23 percent of the complaints were mixed, and included discrimination based religion, age, disability and other allegations.

Klopfer adds to this, a study by the U.S. Department of Justice finding that lawsuits claiming discrimination in the workplace more than tripled in the late 1990s.

“Here is the trend: more than 82,000 private-sector discrimination charge filings were received in Fiscal Year 2007 by EEOC, representing the largest single-year increase since the 1990s. Two years later, there were over 93,000 workplace discrimination charges filed with the EEOC nationwide during Fiscal Year 2009, the second highest level ever, and monetary relief obtained for victims totaled over $376 million.”

In fact, more people with disabilities filed charges of discrimination against their employers that year than at any other time in the 20-year history of the Americans with Disabilities Act, Klopfer adds.

But there is an answer, a way to take advantage of the unique opportunities embedded in diversity, Klopfer says, with education serving as the major key. She has announced four free, 30-minute diversity education webinars geared for business owners and executives. "But anyone can attend," she adds.

Titled "Five Costly Diversity Mistakes Companies Make -- And How to Avoid Them," each online session addresses how organizations and businesses often respond to diversity changes, "...unfortunately, too often in ways that damage their ability to market successfully to all segments of today's diverse populations. Companies will be challenged to answer such questions as −

Are you ready to attract new diverse and global customers? Will your company be able to hire and keep the best employees? Is your organization stuck with being afraid of getting sued because of discrimination or harassment perpetrated, without your knowledge, by your own untrained employees?

The Iowa-based consultant states workshops are available to "anyone looking for sensible answers to these questions and more." Attendees will receive a gift valued at $500, Klopfer said. "Each session contains the same information; we're mixing dates and times to accommodate as many people as possible."

Online session dates are set for Wed, Sep 8, 2010 4:00 PM - 4:30 PM CDT , Thu, Sep 9, 2010 10:00 AM - 10:30 AM CDT , Fri, Sep 10, 2010 10:00 AM - 10:30 AM CDT, Mon, Sep 13, 2010 1:00 PM - 2:30 PM CDT.

-end-


- End -