WHEREAS:
Civil rights laws enacted over the past four decades have strengthened our nation and brought us closer to the fundamental ideal of equal opportunity for all; and
WHEREAS:
An aggressive conservative agenda has resulted in recent U.S. Supreme Court decisions that have succeeded in severely weakening important civil rights protections for Americans, particularly for state employees; and
WHEREAS:
Recent court decisions have proven particularly damaging to children, the disabled, women, older Americans, immigrants, and working people, tremendously weakening basic civil protections and raising numerous issues of fundamental fairness while drawing very little public attention; and
WHEREAS:
The Supreme Court has held that state workers may not seek relief in federal court when a state violates the Fair Labor Standards Act; state employees cannot sue their employers under the Age Discrimination in Employment Act; employers may require workers to arbitrate employment discrimination and unfair labor disputes; and undocumented workers illegally fired for joining a union may be denied lost wages; and
WHEREAS:
Additional court rulings have weakened important protections in the areas of disability rights and discrimination on the basis of race, national origin or color; and
WHEREAS:
State employees currently have no independent right to pursue a federal remedy if their employers violate minimum wage and overtime laws; and
WHEREAS:
Victims of sexual harassment or other forms of intentional discrimination on the basis of sex cannot receive full compensation for their injuries; and
WHEREAS:
Legislation known as the Fairness Act, aimed at restoring important civil rights that have been lost or weakened due to recent Supreme Court decisions, was recently introduced in the House and Senate; and
WHEREAS:
The Fairness Act affirms Congress's intent that state workers must be protected from age discrimination; confirms that older workers may seek relief from unfair discriminatory practices; ensures significant and effective remedies to deter discrimination; ensures that all workers, including state workers, may independently obtain judicial relief for violations of federal law; enforces the equal pay act; provides appropriate remedies for all victims of age discrimination in employment, including state employees; prohibits employers from forcing workers to sign away their right to bring a discrimination claim in court; and provides victims of discrimination based on sex, disability or religion with remedies equal to those available for other forms of discrimination.
THEREFORE BE IT RESOLVED:
That AFSCME work to ensure the passage of the Fairness Act; and
BE IT FURTHER RESOLVED:
That AFSCME work to educate its members about the continuing threats to their basic civil rights, and actions they can take through collective bargaining and the passage of state laws to help restore the protections the federal courts have taken away; and
BE IT FURTHER RESOLVED:
That AFSCME opposes any Supreme Court decisions that would further weaken the civil rights of all Americans; and
BE IT FURTHER RESOLVED:
That AFSCME attorneys stand jointly and committed to the retention and recovery of federal employment rights, such as those pursuant to the FLSA, ADEA and FMLA, by assisting each other in advancing novel legal arguments, recapturing the wisdom of former court decisions and supporting each other through whatever means necessary; and
BE IT FINALLY RESOLVED:
That AFSCME will fight and stand committed to ensure the election of worker-friendly candidates both at the state and federal level.
SUBMITTED BY:
Adrienne Landau, President and Delegate
Donene Williams, Treasurer
AFSCME Local 3650, Council 93
MassachusettsRonald C. Alexander, President and Delegate
Kathleen Stewart, Secretary/Treasurer and Delegate
OCSEA/AFSCME Local 11
Ohio