Editorial

Through Dorris’ Eyes

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Laborers and the bounty

With 16,000 troops recently on the streets of London, I can think about what has happened must have come as a result of terrible acts of injustice, real or perceived to ferment frustration and revolt following the shooting of a young black man in the chest and arm killing him by a police officer. The incident brings memories back to the turbulent times in the USA during the civil rights movement when blacks were killed by police officers and the Ku Klux Klan without subsequent justice being rendered.

Hence a wide range of ages and races have gathered creating mayhem and social malaise. The challenge of a class system with people without jobs and feeling that their hands have been tied by a system and generations that have failed them by an unjustly flawed system.

On August 28 in 1963 America witnessed the historic March on Washington. This event of human force was a demonstration following years of unrest, mistreatment, disrespect, and injustice and a host of negative treatment to the Negro since their enslavement by America and its laws. August 28, 2011, is the date in which the Dr. Martin Luther King, Jr. statue in Washington, DC will be unveiled. The work of Dr. King was accomplished during the turbulent civil rights movement in the fight for justice. When he was assassinated on April 4, 1968 however, the active movement drew to a chilling stop leaving much work to be done. A part of the work still to be completed in its new phase is to teach residents how to manage their lives as they work with law enforcement officials.

Most minorities and marginalized people have yet to understand how they can stay alive when addressing turbulent circumstances, and not get caught up in the judicial system whereby they are spending hard to earn cash and years in jail or on parole.

The civil rights movement sought to bring rights to a class of Negros in preparation through advancements in education and access to opportunities for the protected class in the 13th, 14th and 15th Amendment of the US Constitution. The middle class of African Americans have grown exponentially since the civil rights movement with advancements in education, upward mobile careers, Title VII laws and Fair Housing and Voting Rights statues passage.

Each of these legislative actions served to provide opportunity and access for African Americans, yet with these advancements, a growing underclass continues. Therefore, the class of marginalized Americans need the benefits gained by those who were afforded opportunities to attend law schools and the like to share their knowledge with the people who have not had such opportunities and who continue to struggle in neighborhoods impacted by intense legal clashes with police officers. We must teach the people what their rights are under the law so that they can help save themselves and elevate their families and communities.

We must learn to think deeply about what can be accompanied with new knowledge and new experiences. The prudent and responsible operation is to bring that information back to the masses so that the tide of humanity can be lifted from the dungeon of threats, mistrust and hatred. Witnessing what is happening in London, witnessing the unveiling of Dr. King’s Monument in Washington next week are concurrent acts that should increase the middle class citizens urgency to do more for the underclass through acts of devotion to a cause that laid down a foundation for your success through the blood of families that suffered for the freedom America’s African American middle class enjoy today.

We must remember that the Civil Rights laborers did not labor for the subsequent generations to eat the bounty and not replenish it for the next generation. Too many risks were taken. Too many families were subject to abused. Too many people were hurt and damaged. Much was lost including lives, homes, and the destructions of families. So with this unveiling of Dr. King’s statue on the anniversary of the historic March on Washington, Americans of all races need to step it up a notch, as going backward is an unacceptable option for progress.

Progress can also be made in London as it was made in the USA, which will relieve racial, class and economic strife when like-minded people unite on the common cause for justice and fairness. It will come in the aftermath of social power interjected with people participating on their on behalf and for a new kind of inclusive governmental system that creates policies to benefit all. Still there will be much work to do.

May God bless and I will see you next week.

Business

Weight Discrimination in the Workplace

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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.