2/11/2004 - STATEMENT OF RAUL YZAGUIRRE, NCLR PRESIDENT, ON THE FAIRNESS: CIVIL RIGHTS ACT OF 2004 AND THE NEED TO CONTINUE THE STRUGGLE FOR CIVIL RIGHTS

STATEMENT OF RAUL YZAGUIRRE, NCLR PRESIDENT, ON THE FAIRNESS: CIVIL RIGHTS ACT OF 2004 AND THE NEED TO CONTINUE THE STRUGGLE FOR CIVIL RIGHTS

Washington, D.C. - I am very proud to stand here today with members of the House and Senate, including representatives from both the Congressional Hispanic and Black Caucuses and my colleagues from our sister civil rights organizations in strong support of the “Fairness: Civil Rights Act of 2004” introduced today by Senator Edward Kennedy (D-MA), and Representatives John Conyers (D-MI), John Lewis (D-GA), and George Miller (D-CA). I also pledge our continued commitment to making the principles of fairness and equality that have helped to make this country great a reality for all Americans.

The “Fairness Act” is sure to be one of the most significant pieces of legislation introduced this session. It addresses some of the civil rights setbacks that this country has witnessed over the past ten years and puts the struggle for civil rights back on track so that we can move forward on sustainable and vigorous enforcement of this nation’s civil rights laws. Specifically, the “Fairness Act” would restore fundamental civil rights protections that were eroded by two recent Supreme Court decisions, Hoffman Plastic Compounds, Inc v. National Labor Relations Board, and Alexander v. Sandoval.

The Sandoval decision invalidated 40 years of antidiscrimination law under Title VI of the Civil Rights Act of 1964. Under the Sandoval ruling, for example, a Latina client cannot seek remedies on her own even if she has been discriminated against by a federally-funded health care provider which denied her service based on her national origin. Instead, the Sandoval decision not only places the burden on such “Carmen Does” to prove that they were “intentionally” discriminated against but also forces them to rely on the federal government to seek remedies on their behalf, virtually precluding them from obtaining individualized relief.

The Hoffman decision held that undocumented immigrants are ineligible to receive back pay for violations of the National Labor Relations Act. In that case, the plantiff was fired by Hoffman Plastic Compunds in retaliation for his union organizing efforts and he was denied back pay because he was undocumented. The Supreme Court ruled in favor of the company, exempting employers of undocumented immigrants from ordinary labor law liability, severely undermining anti-discrimination protections for all Latino workers.

The only winners in this case are companies who break the law. And, perversely, companies who both hire undocumented workers and violate labor laws are doubly rewarded. The losers are not just limited to undocumented workers. All workers will lose labor rights and protections that depend on the willingness of those who suffer abuse at the hands of unscrupulous employers to come forward and report violations.

Decisions like Hoffman undermine the ability of workers to ensure that all employers pay the minimum wage, comply with overtime requirements, and maintain a safe workplace. The “Fairness Act” restores a level playing field between business and labor, and ensures a safer and more secure workplace for all Americans. In passing the Fairness Act, Congress will reaffirm its promise of equal treatment for all Americans in all sectors of society, regardless of race, national origin, sex, disability, or age.

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