Dorris Ellis
The Houston Sun
Houston Sun publisher Dorris Ellis has been elected to the National Newspaper Publisher Association national board Of Directors at its annual conference in Nashville, TN. June 2013
The Service Employees International Union Local 1, Harris County AFL-CIO Council, Texas Organizing Project and Good Jobs Great Houston coalition banded together with Congressmen Al Green, Gene Green and Congresswoman Sheila Jackson Lee to bring attention back to the issue of jobs not cuts when Congress meets in Washington next week for the “lame duck” session.
Congress has a task on its hands as the problem of sequestration is looming over the country. Politicians are not making light of the situation and neither is the people of America. Trillions of dollars are at risk and the Jobs Act has yet to pass the House of Representatives in a time where many domestic programs are on the verge of being slashed.
Americans all over the country are still in limbo in the job sector and with a Congressional stupor in full effect the continuing effort to stay hopeful is becoming more of a challenge. A compilation of unions in Houston called upon their Congressional heads to speak out for and to them about the challenges that lie ahead in this upcoming “lame duck” session.
The Jobs Act
Congressman Al Green challenged his colleagues in Congress to help out President Obama and the constituents when it comes to the Jobs bill. He assured the public that if the bill is passed there will be money for infrastructure, job creation for peace officers, firefighters and teachers and help for veterans.
“Jobs are here to be created if we only do some of the things the President has proposed. There was a lot of talk about the President not having a Jobs Bill,” said Congressman Al Green. “The President submitted his jobs bill to Congress and it has not been acted on. The Jobs Bill should be acted on.”
Inside the Job Bill there is room for infrastructure improvement. An infrastructure bank can be created and the bank will help with the transportation issues, help rebuild bridges, refurbish the airports and other projects, according to Congressman Al Green.
Congresswoman Sheila Jackson Lee also called for help from her colleagues on Capitol Hill as she emphatically spoke about the Speaker of the House, John Boehner, who offered a hand of friendship to the newly re-elected President Obama. As a gesture of good faith and a better working relationship this can be seen as a sign of peace that may help elected officials get the results needed in Congress.
“I’m excited about the Senate Majority Leader, who said he’s ready to work, but he has to be able to want to work on the behalf of all of you, the voices of America, which means we should go back and pass the Jobs Act and our number one priority should be jobs, jobs, jobs,” said Congresswoman Lee.
Congressman Al Green also spoke on how Veteran’s deserve to come home to the job opportunities they left behind for service. Green charged forward saying that if we can spend unlimited money to put soldiers in harm’s way we ought to be able spend an equal amount of money to make sure they have good jobs when they come home.
Medicare/Medicaid/ Veterans Health
Medicare and Medicaid served as a big topic that could not be ignored by the Congressional leaders. Congressman Gene Green did not mince any words when declaring he would fight not to cut Medicare, but he did make a provision by saying he would cut the doctor’s reimbursement which caused him the concern of how doctors would react. He explained that the problem with Medicaid was not on the federal level but on the state level because the State won’t pick up the cost. G.Green also opposes the idea of the government tampering with Veteran’s benefits.
“We don’t want Veteran Qualified Health Centers cut off. We have money for expansion under the expansion stimulus dollars through the Recovery Act of ’09,” said Congressman Gene Green. “We don’t want to cut that now when we are just gearing up to help people who don’t have access to a doctor.”
Congressman Al Green is a known advocate for Senior Citizen rights. He started in firmly on behalf of the senior community voicing he is not a fan of senior Medicare warfare. A.Green continued to rally that all seniors should have the opportunity to have Medicare and it should be protected for unborn generations. He also protested against minimizing Medicaid stating that we have to maximize our dollars that we get, we have to protect Medicaid because it helps people who are poor and without Medicaid would not get medical services.
Live In America Wage Act / Housing
Americans living below the poverty line while working a full-time job is a burden that many live with daily yet never find any relief from; Congressman Al Green introduced the Live In America Wage Act to Congress in order to help any person who works full- time in America to live above the poverty line. He proposes to index the minimum wage to the poverty line so when the poverty level goes up so does the minimum wage. Congressman Gene Green concurred that constituents need help and the government should kick in to help in times of need. He rallied that the government should do what a second job would do and find more revenue so there won’t be a need to make drastic cuts that will hurt the people that are the most defenseless.
The cuts that may happen in sequestration could possible housing. Housing and Urban Development (HUD), houses many Houstonians and American’s alike and the notion of cutting HUD funds is jeopardizing the stability of millions.
“HUD could be cut and we don’t want that to happen. There is a lot that can be done to balance the budget but we want to do it fairly,” said Congressman Gene Green. “We don’t want to do it on the back of working people and poor people.”
Congresswoman Lee closed the press conference by reassuring the crowd that their elected leaders want them to have jobs, Medicare and for women to have healthcare without the intervention of anyone telling them what their healthcare should be.
Our Congressional leaders go back into session on November 13th and can last into the beginning of January 2013. The whole country will be waiting and watching to see what will happen on Capitol Hill in the next two months. The outcome of the fiscal budget and the passing of the Jobs Bill hold much weight in America’s future.
Know Your Legal Rights
Keryl Burgess Douglas
The Houston Sun
Legal Journalist
Prior articles have briefly covered basic rules and laws regarding landlord-tenant rights and responsibilities. The contentious issue of the security deposit and possibly requiring a landlord to return up to three times the deposit amount plus $100 catches the attention of many. In this economy, a 3-fold return on a security deposit can be a boon for the tenant and a bust for the landlord.
Tenants can be liable to landlords for improper application of the deposit in lieu of rent, etc. Both should be well aware of the Texas Property Code(TPC) in this regard.
The TPC also provides advantageous information on rights and responsibilities for both landlords and tenants in several other important areas.
Several subsections include civil penalties where non-compliance by parties to a leasing contract can be shown.
Proven non-compliance in legal actions can be another area of financial bust or boon for either landlord or tenant if they are either unaware or willfully rebellious toward the stipulations altogether. Many landlords may feel that renters will either be woefully unaware of their legal remedies, or too cash- or time-limited to pursue legal remedy.
For those having issues with the landlord-tenant relationship and/or thinking of pursuing legal remedy, either party should be aware of prerequisite actions and/or required steps to prevail in such disputes; especially where monetary damages are being sought. Prevailing parties needn’t worry about legal or court costs in some instances because the losing party can be ordered by the Court to pay those expenses.
Some subsections should be particularly reviewed by both landlords and tenants before a problem arises and most often before renting a property or signing a rental lease agreement/contract altogether. This is especially important for subsections that provide for civil penalties and other financial awards or damage claims by either party; as well as those that stipulate certain acts/steps must be followed to pursue remedy.
Key subsections pertain to landlord’s liability and duty to repair or remedy; failure to rekey, change or install locks; installation or repair of proper security devices; material affect to physical health and safety; bad faith litigation or harassment; landlord retaliation against tenant for pursuing legal rights pertaining to the lease; non-compliance with Texas Smoke Detector Statute; etc. Penalties in these areas can equal cost of one month’s rent plus $500. Landlords and tenants beware: “Ignorance of the Law is No Excuse!” Awareness can either avoid unnecessary costs or result in financial damages award windfalls.
Landlords and property owners should review the Texas Smoke Detector Statute, especially installation and maintenance of smoke detectors. Duties/responsibilities for rental property differ from that for personal residential property. Landlords/owners are required to install, and test in a certain manner, smoke detectors at the time of initial occupancy of tenant. People who decide to lease their home may not be aware that legal problems could arise in this area at some point if they don’t know of duties to renters.
Failure to comply with the duties and responsibilities in Chapter 92 of the Property Code could result in penalties, money damages, court and/or attorney costs that neither landlord or tenant can afford to pay in this economy. A quick review of the Code can avoid unnecessary financial hardship, liabilities or penalties related to the renting experience. Copies of the code for review are available in some libraries, via the internet, and through several advocacy agencies. Consulting an attorney or advocacy agency is very often a helpful option.
We welcome your comments and questions. Please e-mail keryldouglas@houstonsun.com or write us at the Houston Sun at 1520 Isabella St.; Houston, TX 77004. This information is provided for general purposes only and should not be relied on as legal advice nor considered a solicitation to provide legal advice. For legal advice, see the lawyer of your choice.
Keryl Burgess Douglas finished Law School summa cum laude with a ranking of #5 out of her class of 202. She has one son, James Matthew Douglas II, has a private law practice, and serves as President of NAACP-Fort Bend/Missouri City.
Increasing economic and unemployment challenges nationwide may be causing a parallel increase of workplace discrimination concerns, complaints, and experiences, especially among historically disenfranchised groups.
More individuals are feeling that workforce reductions and layoffs imposed by the tough economy provide employers convenient excuses to get rid of workers they’d already considered to be less desirable than the rest of their workforce.
Many individuals with weight challenges or considered obese feel they are the victims of workplace discrimination based on their weight.
The traditionally disenfranchised worker groups have included females, ethnic minorities, older persons, etc.
However, long discriminated against, but not talked about as frequently, are those considered to be overweight, less attractive, etc.
Overweight individuals are increasingly concerned that they are among the last hired and first to be dismissed in layoffs or workforce reductions primarily because of their weight even though their work product or performance is better than their thinner counterparts.
Current federal discrimination laws do not specifically provide protections against weight discrimination per se—-tieuseAseseesuesheseasensetsecsewesesre. But those who feel they have been the victim of such discrimination do not necessarily have to lose hope. While not a protected status under current federal, state or local law, workers with weight discrimination complaints may still be able to pursue legal advocacy under existing law.
As usual, it is generally best to consult an advocate that can evaluate individual circumstances on a case by case basis.
Current federal and state laws prohibit discrimination based on race, age, sex/gender, religion, national origin or disability. In general, as with weight/obesity, sexual orientation may not currently be considered a protected status either.
However, there are times that the harassment and otherwise improper or unfair treatment of individuals belonging to these groups is so apparent and/or egregious that it can be shown that weight or orientation standards are discriminately applied to the different legally protected classes resulting in adverse impact that can be the basis of a lawsuit.
In addition to Title VII of the Civil Rights Act of 1964 (disability claims), other laws to consider for pursuit of employment rights may be The Americans with Disabilities Act of 1990 (ADA) and The Rehabilitation Act of 1973 (for claims of discrimination based on handicaps). Local ordinances should also be reviewed as some may specifically name weight, sexual orientation, marital status, physical and other characteristics as protected classes.
There have been cases where EEOC (Equal Employment Opportunities Commission) have asserted obesity as a protected disability. Other cases prevailed by showing weight as a physical handicap or medical condition. Michigan may be the only state currently that provides anti-discrimination protections based on height and weight. While more than 90% of disability cases may be decided in favor of the employer, there is always a chance for extensions of case law, increased lobbying for changes, improvements, and additions to current laws, etc., as well as analyzing the facts of your case for opportunities to determine how advocacy can be pursued under current existing laws.
As with any other legal advocacy needed or considered, comprehensively document all treatment considered biased, discriminatory, bullying, or otherwise improper. Compile a file of any and all information that will assist in determining which anti-discrimination or advocacy laws may be helpful, as well as what additional legal causes of action or allegations can be made against the employer.
We welcome your comments and questions. Please e-mail or write us at the Houston Sun. This information is provided for general purposes only and should not be relied on as legal advice nor considered a solicitation to provide legal advice. For legal advice, see the lawyer of your choice.
Keryl—-BerylMerylBeryl Burgess Douglas finished Law School Summa—-Sum ma cum laude—-ClaudelauderlaudedladelaudMaudelaudslaud e as #5 out of her class of 202. She has one son, James Matthew Douglas II, and practices law in Houston, Texas.
