Racial Discrimination in Stop-and-Frisk
Judge Scheindlin was clearly speaking of Mayor Michael Bloomberg when she concluded: “The City’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of singling out “the right people” is racially discriminatory and therefore violates the United States Constitution.”
The judge made clear that she was not striking down the program — which remains an important tool for law enforcement — but requiring the city to use that tool in a way that does not discriminate against African-Americans and Hispanics and that comports with constitutional guarantees against unreasonable search and seizure. Given the city’s refusal to alter its practices significantly, Judge Scheindlin had little choice but to appoint an outside monitor to oversee sweeping changes in how the New York Police Department trains its officers and carries out the stop-and-frisk policy.
Under the Fourth Amendment, police officers can legally stop and detain a person only when they have a reasonable suspicion that the person is committing, has committed or is about to commit a crime. Over the years, however, the Police Department has adopted a strategy that encourages cops to stop and question mainly minority citizens first and to come up with reasons for having done so later. This has resulted in people in some neighborhoods being stopped without reason scores of times a year. These unconstitutional stops, Judge Scheindlin wrote, have exacted a “human toll” in demeaning and humiliating law-abiding citizens. She is currently overseeing three lawsuits against this troubled program. The ruling issued on Monday, in Floyd v. The City of New York, was filed by plaintiffs alleging racial profiling in street stops.
At the heart of the Floyd case are statistics showing that the city conducted an astounding 4.4 million stops between January 2004 and June 2012. Of these, only 6 percent resulted in arrests and 6 percent resulted in summonses. In other words, 88 percent of the 4.4 million stops resulted in no further action — meaning a vast majority of those stopped were doing nothing wrong. More than half of all people stopped were frisked, yet only 1.5 percent of frisks found weapons. In about 83 percent of cases, the person stopped was black or Hispanic, even though the two groups accounted for just over half the population.
The city has consistently said that the disparity was justified because minority citizens commit more crimes. But Judge Scheindlin trenchantly rejected this argument. As she pointed out, “this reasoning is flawed because the stopped population is overwhelmingly innocent — not criminal. There is no basis for assuming that an innocent population shares the same characteristics as the criminal suspect population in the same area.”
The evidence clearly showed that the police carried out more stops on black and Hispanic residents even when other relevant factors were controlled for, and officers were more likely to use force against minority residents even though stops of minorities were less likely to result in weapons seizures than stops of whites.
To remedy these ills, Judge Scheindlin laid out the steps that the city would be required to take in the Floyd case and in the related case of Ligon v. The City of New York, which was brought on behalf of people who said they were illegally stopped, given tickets or arrested in private apartment buildings. She chose Peter Zimroth, a respected lawyer and former prosecutor, to serve as the monitor. Mr. Zimroth’s immediate responsibility will be to develop a set of reforms governing Police Department policies, training, supervision and discipline on stop-and-frisk. The ruling also establishes a process that could be used to revamp other police policies and practices.
Mayor Bloomberg, who has steadfastly supported this corrosive and socially damaging program, seemed unchanged on Monday. He arrogantly dismissed the suit and this rulingas the work of “one small group of advocates — and one judge,” repudiating the outrage about stop-and-frisk that has been growing in the city for years.
He has promised to appeal, but, fortunately, he will be leaving City Hall soon. His successor should retract the appeal and begin the process of bringing New York City’s police practices in line with the Constitution.
Source
Why Recent Stock Volatility Shouldn’t Factor Into Interest-Rate Hikes
As a general principle, the Fed should not react to short-term movements in the financial markets. For one thing, the labor market is much more important to the lives of most Americans, and it is...
As a general principle, the Fed should not react to short-term movements in the financial markets. For one thing, the labor market is much more important to the lives of most Americans, and it is more relevant to the Fed’s mandate of securing maximum employment with inflation stability.
Then consider this: More than 80% of stock wealth in the U.S. is owned by the wealthiest 10% of Americans, and more than half of Americans own no stocks at all (either directly or through retirement or other accounts). In short, movements in the stock markets do not have much effect on the spending power of most U.S. households. That means that movements in the stock markets–especially short-term volatility that is likely to largely dissipate–provides little information about the overall state of economic health.
On the other hand, the labor market provides the vast majority of income to the vast majority of Americans. The middle fifth of households, for example, gets more than 80% of household income directly from the labor market (either cash wages or employer-provided benefits). Further, many additional sources of income such as pensions, Medicare, Social Security, unemployment insurance, or the Earned Income Tax Credit hinge on participation in the labor market. That’s why trends in the labor market are crucial to assessing the overall state of the economy–which is far from fully recovered from the Great Recession.
The clearest remaining weakness is wages. The current pace of hourly wage growth is roughly 2% to 2.5%. A healthy labor market that met the Fed’s overall price inflation target should be churning out wage increases of at least 3.5%. Further, a period of wage growth well above this is necessary for workers’ pay to reclaim some of the ground lost to corporate profits earlier in this recovery. Until wage growth starts moving durably toward the healthy 3.5% target, it’s too early for the Fed to begin raising rates.
This labor-market-based reasoning for keeping rates low should weigh much more heavily on Fed calculations about interest rates than recent stock activity. The only caveat: if one of the root causes of recent stock market declines–the slowdown in the Chinese economy–provides a new potential headwind to U.S. growth going forward.
But the case for keeping rates unchanged in September was dispositive last week, even before large declines in the stock markets. And any strong stock rally in the coming month shouldn’t make Fed officials feel fine about raising rates.
Source: Wall Street Journal
80 Arrested in DC Protesting GOP Health Care Bill
Capitol Police arrested 80 people protesting the Republican health care bill in Washington, DC, reports CNN. Over 100 protesters from across the United States gathered outside GOP lawmakers’...
Capitol Police arrested 80 people protesting the Republican health care bill in Washington, DC, reports CNN. Over 100 protesters from across the United States gathered outside GOP lawmakers’ offices on July 10 to try to stop the Republican bill—dubbed the Better Care Reconciliation Act (BCRA)—that would repeal and replace the Affordable Care Act (ACA, or Obamacare).
Read the full article here.
New York charter school audits reveal $28 million in questionable expenses
New York State charter schools have made more than $28 million in questionable expenditures since 2002, according to a new review of previous audits of the publicly funded, privately run schools...
New York State charter schools have made more than $28 million in questionable expenditures since 2002, according to a new review of previous audits of the publicly funded, privately run schools.
The Center for Popular Democracy’s analysis charter school audits found investigators uncovered probable financial mismanagement in 95% of the schools they examined.
Kyle Serrette, education director for the progressive group, said the review of previously published audits showed the schools need greater oversight.
“We can’t afford to have a system that fails to cull the fraudulent charter operators from the honest ones,” said Serrette, whose group compiled the report with the non-profit Alliance for Quality Education. “Establishing a charter school oversight system that prevents fraud, waste and mismanagement will attack the root cause of the problem.”
The state controller’s office and state Education Department have audited 62 of New York’s 248 charter schools, according to Serrette’s report. All told, Serrette’s group estimates wasteful spending at charters could cost taxpayers more than $50 million per year.
Eighteen audits targeted charters in New York City, representing about 9% of the 197 charters in the five boroughs. Each audit found issues.
A 2012 audit found Brooklyn Excelsior Charter School was paying $800,000 in excess annual fees to the management company that holds its building’s lease. A 2012 audit of Williamsburg Charter High School revealed school officials overbilled the city for operations and paid contractors for $200,800 in services that should have been provided by the school’s network. A 2007 audit of the Carl C. Icahn Charter School determined the Bronx school spent more than $1,288 on alcohol for staff parties and failed to account for another $102,857 in expenses.The city spends more than $1.29 billion on charters annually.
State Education Department officials and a spokesman for the state controller’s office declined to comment on Serrette’s report.
Northeast Charter School Network CEO Kyle Rosenkrans said the schools already get plenty of oversight because they are subject to audits and must have their charters renewed at least every five years.
“Charter schools are the most accountable public schools there are,” the charter advocate said. “If we don’t perform or we mismanage our finances, we get shut down.
Source: New York Daily News
Vulture Capital Hits Home
How HUD Is Helping Wall Street and Hurting Our Communities
The financial industry has found yet another way to profit from the distress of homeowners. Investors are...
The financial industry has found yet another way to profit from the distress of homeowners. Investors are trading distressed residential assets – mortgages and vacant properties in severearrears — and are building a spectrum of business plans many of which undermine neighborhood and economic stability. There is currently a hot market in severely delinquent mortgages. Banks and government entities are selling them off and investors – particularly hedge funds — are buying them.
Download the report here.In 2012, the U.S. Department of Housing and Urban Development’s Federal Housing Administration (FHA) significantly increased its sale of pools of distressed FHA-insured mortgages through a program called the Distressed Asset Stabilization Program (DASP). The program has a dual purpose: to return and protect FHA’s Mutual Mortgage Insurance (MMI) capital reserves fund to a positive position and “to encourage public/private partnership to stabilize neighborhoods and home values in critical markets.”
This report focuses on the FHA’s Distressed Asset Stabilization Program (DASP). The DASP has the potential to recuperate needed funds for its mortgage insurance fund, preserve homeownership, and create affordable rental housing. Instead, the FHA has designed DASP in such a way as to severely limit its effectiveness in helping hard-hit neighborhoods recover from the housing crisis. Between the start of the DASP program in 2012 and the middle of 2014, the FHA has auctioned 98,100 mortgages, for bids amounting to $8.8 billion. 97% of the auctioned loans have been won by for-profit entities, largely private equity firms. A fair amount is known about the Wall Street entities trading in “distressed assets.” This report examines their business models and how their business interests are often in direct conflict with the interests of homeowners, renters and their communities.
HUD, the federal government agency with a stated mission to advance affordable housing and sustainable communities is, with the DASP, stoking Wall Street’s buy-up of “distressed” real estate assets with little regard for the impact of these speculators on the struggling homeowners whose mortgages are being bought or on the impacted communities more broadly. FHA is auctioning pools of mortgages to the highest bidder, in most cases without considering the ability of their programs to achieve neighborhood stabilization goals such as homeownership preservation and affordable housing. The result is that other qualified purchasers — including nonprofits with an explicit goal and clear program to modify mortgages with principal reduction and to create affordable rental housing — are being crowded out by Wall Street speculators, most often private equity firms and hedge funds.
HUD’s failure to release adequate program data leaves the public unable to know the precise impact this program is having on homeowners and communities. It hampers the public’s ability to assess the completeness of HUD’s information Executive Summary about the results of this program and whether it is or isn’t meeting neighborhood stabilization goals. In other words, shortcomings in the implementation of the program jeopardize the accomplishment of its mission.
This report focuses on three key problems with the DASP program:
The current structure of most DASP auctions hampers community stabilization by considering only the highest bid without weighting the bidders’ track record of good outcomes for homeowners and communities. The current outcome requirements and reporting structure fails to hold purchases accountable to neighborhood-stabilization goals and provides insufficient transparency and prevents communityoversight. The current pre-sale certification phase does not ensure that the FHA mortgage modification process has been followed before loans are included in DASP pools.We propose 5 specific, actionable steps the FHA should take to strengthen the program, allow it to continue to replenish the Mutual Mortgage Insurance fund, and better stabilize communities:
Credit bidders that have stronger neighborhood stabilization plans. Strengthen outcome requirements to preserve homeownership and create affordable rental housing. Sell more of the loans through the geographically concentrated Neighborhood Stabilization Outcome pools. Collect and make public detailed performance data. Improve the pre-sale process to better protect homeowners.Download the full report.
The CEO of Starbucks won’t keep promises to his workers, but wants an end to “cynicism”
The CEO of Starbucks won’t keep promises to his workers, but wants an end to “cynicism”
Starbucks CEO Howard Schultz, who has somehow convinced himselfthere is public desire for him to be president, took a moment at yesterday’s board meeting to deliver some pious criticism of America...
Starbucks CEO Howard Schultz, who has somehow convinced himselfthere is public desire for him to be president, took a moment at yesterday’s board meeting to deliver some pious criticism of America’s unusually rancorous political season.
“Dysfunction and polarization have worsened,” the coffee entrepreneur said. Deep in a bout of Bloombergitis, Schultz warned of the failure of the American dream: “Sadly, our reservoir is running dry, depleted by cynicism, despair, division, exclusion, fear and indifference.”
“What is the role and responsibility of all of us, as citizens?” Schultz asked.
His employees have one answer: They want him to keep Starbucks’ promise to set their schedules at least 10 days in advance, and stop making them work consecutive shifts closing a location and then returning to open it early the next morning. So-called “clopening” shifts can entail working until 11pm and then starting again at 4am.
The scheduling problems have been an issue since at least 2014, when a New York Times investigation exposed how scheduling practices can be as problematic for workers as low pay or abusive treatment. The problem is especially difficult for parents, who must find a way to care for their children without knowing their work responsibilities more than a few days in advance.
The problem seems especially galling because the company uses scheduling software to match employee availability with the predicted demand. Experts suggest that this software could be used to provide more predictability for workers. Starbucks has repeatedly said it will remedy these issues, but interviews with employees suggest they remain. The Center for Popular Democracy, a union-backed organization that runs advocacy campaigns for workers rights, published a survey of 200 workers (pdf) in September 2015 that found half received their schedules less than a week in advance and one in four worked the “clopening” shift.
Grant Medsker, who worked at a Starbucks in Seattle for about a year before quitting in January, told Quartz that managers often don’t follow dictates from headquarters. “Everyone runs their ship their own way, regardless of company policies,” he said.
Some franchise managers attribute the lack of follow-through on the company’s promise on schedules to pressure from higher-ups to keep labor costs down, which leads to chronic understaffing. Meanwhile, Starbucks earnings per share more than doubled between 2011 and 2015; in fiscal 2015 it had an operating income of $3.6 billion. Quartz reached out to Starbucks but has not received a response. In the past, the company has noted that many of its employees see a flexible schedule as a perk, rather than a hindrance. The company also provides its part-time employees with access to health insurance and educational benefits that it says are more generous than comparable companies. But given the company’s history of dubious social responsibility campaigns, it’s hard to see this failure to implement corporate policy as an accident. This is, after all, the executive who announced a personal boycott of political spending even as his company spent millions on lobbying.
“It’s not enough to talk about it, it’s not enough to say, ‘oh that’s really bad, I hope that changes,'” said Medsker, who volunteers with the labor-rights group Working Washington. “We have an obligation to change what is wrong with our society.”
“It’s not about the choice we make every four years,” Schultz said yesterday. “This is about the choices we make every day.”
Source
Why Dianne Feinstein’s shutdown vote helps her re-election
Feinstein’s stand has earned her the approval, if not full-fledged embrace, of activists.
“She came right on the Dream Act and that’s really important,” said Center for Popular Democracy’s...
Feinstein’s stand has earned her the approval, if not full-fledged embrace, of activists.
“She came right on the Dream Act and that’s really important,” said Center for Popular Democracy’s Ady Barkan, who was among the activists leading a Jan. 3 rally at Feinstein’s Los Angeles office to press her on the issue.
Read the full article here.
Toys 'R' Us owners will hand out $20 million severance to employees
The fund was set up following negotiations between the private equity firms and various public interest groups that organized the employees, including Organization United for Respect, Private...
The fund was set up following negotiations between the private equity firms and various public interest groups that organized the employees, including Organization United for Respect, Private Equity Stakeholder Project and Center for Popular Democracy. "This Fund begins to ensure the hard-working people who spent their lives building Toys 'R' Us and making children happy are not left out in the cold," said Marilyn Muniz, a New York-based Toys "R" employee for nearly 20 years.
Read the full article here.
Más hispanos mueren en NY en trabajos de construcción
El Diario – October 25, 2013, by Juan Matossian -
En el 60% de los casos de fallecimientos por caídas, investigados entre 2003 y 2011 en el estado, la víctima era latino y/o...
El Diario – October 25, 2013, by Juan Matossian -
En el 60% de los casos de fallecimientos por caídas, investigados entre 2003 y 2011 en el estado, la víctima era latino y/o inmigrante
Los obreros de construcción hispanos e inmigrantes sufren muchos másaccidentes y muertes por caídas que otros trabajadores del mismo gremio, debido a las pobres condiciones de seguridad en las que trabajan en el estado de Nueva York, según reveló un estudio.
El reporte, comisionado por el Center for Popular Democracy, muestra que en el 60% de las muertes por caídas en los accidentes, investigados entre 2003 y 2011 en el estado, el fallecido era latino y/o inmigrante.
En la ciudad, esta cifra se incrementa hasta casi el 75% – tres de cada cuatro – a pesar de que sólo supone el 40% de la fuerza total de trabajo en ese reglón.
Encuestas realizadas a empleados latinos evidenciaron que muy pocos se atreven a quejarse por las condiciones de seguridad por temor a represalias de sus jefes.
Problemas de seguridad
Ese fue el caso de Pedro Corchado, un obrero que cayó desde una escalera durante la renovación de un edificio hace cinco años, y sufrió graves heridas por no contar con un arnés de seguridad.
“Casi cualquiera que trabaje en construcción te dirá que es muy difícil negarse a las órdenes de escalar un andamio que no es seguro o subir una escalera sin equipamiento de seguridad”, dijo Corchado. “Para la mayoría de trabajadores como yo, decir ‘no’ al jefe simplemente no es una opción”.
El grupo que elaboró el estudio y otras organizaciones que defienden a estos trabajadores, argumentaron que la mejor manera de detener esta tendencia es aumentar los fondos deOSHA, porque ahora mismo la oficina no cuenta con los suficientes medios ni inspectores.
Calcularon que, para que OSHA inspeccione cada lugar de construcción que hay actualmente en Nueva York, les llevaría 107 años.
Por otro lado, hicieron un llamado para que se proteja la llamada “Ley del Andamio”, que ayuda a asegurar las condiciones de seguridad en los sitios de construcción y que varios promotores inmobiliarios presionan para que se derogue porque incrementa significativamente el coste de nuevos edificios.
“En lugar de invertir en la seguridad en el trabajo, la comunidad de negocios quiere que la responsabilidad por heridas y muertes pase a los que son más vulnerables y no tienen control sobre las condiciones laborales”, denunció Joel Shufro, director ejecutivo delComité para Seguridad y Salud en el Trabajo de Nueva York. “Pondría a todos los obreros de construcción en riesgo, particularmente a los jornaleros y a los no sindicados”.
Una última petición es que se tomen medidas para asegurar que tanto los promotores, dueños y trabajadores de la construcción, reciban entrenamiento de seguridad de acuerdo con los estándares de OSHA.
Source
Zara exposed for chronic racial profiling
If you’re a huge fan of shopping at Zara, the Spanish fast-fashion franchise, you may want to start spending your money elsewhere.
The fashion...
If you’re a huge fan of shopping at Zara, the Spanish fast-fashion franchise, you may want to start spending your money elsewhere.
The fashion brand has been outed for its deeply engrained racist hiring and customer service practices in arecent survey conducted by the Center for Popular Democracy, a racial, economic and labor justice group. A random sample of two hundred-fifty one out of Zara’s 1,500 Manhattan employees participated in the survey and confided that Black customers are profiled as potential thieves seven times more frequently than white shoppers.
The study, entitled “Stitched with Prejudice: Zara USA’s Corporate Culture of Favoritism” and written by Chaya Crowder, also revealed that Black customers were also more frequently denied exchanges and returns than Whites. Customers weren’t the only people that were racially discriminated in Zara’s stores. Black employees claimed that they were given dissatisfactory hour assignments and stricter surveillance from managers.
“It’s kind of weird to me how they can make millions of dollars but are not able to pay people properly for their time, let alone give people the amount of time that they need in order to support their family, in order to keep a roof over their head, in order to, you know, just feed themselves.” One employee said:
The study had also found that darker-skinned employees were also less likely to promoted to managing roles and were often given less-prestigious roles. Sixty-eight percent of employees that were assigned roles in the back of the store and away from the public had darker complexions. Managers were generally White, and generally gave preferential treatment or were less lenient to subordinates of the same races and ethnic groups. The extent to which Black employees were profiled in their own work environment were sometimes highly disturbing, as portrayed in this incident:
“[O]ne Black employee even detailed an instance in which he had come in a hooded jacket to pick up his check. A sales associate not only identified him as a special order, but he was physically stopped as he was walking into the back office, where checks are kept.”
The study’s findings are not particularly surprising, given Zara’s history of being infamous for racial bias in the brand’s various operations. Just earlier this month, the franchised was served with a $40 million lawsuit from a former worker citing discrimination, unlawful discharge, retaliation and a hostile work environment. The brand also received bad press last year for racist images on its merchandise: pajamas featuring swastikas, a necklace with blackface designs, shirts with gold stars resembling those worn by the Jewish people once held in concentration camps in the Holocaust and a shirt with the words printed saying, “White is the New Black.”
According to Forbes, Zara featured the following statement:
“Zara USA vehemently refutes the findings of the Center for Popular Democracy report which was published without any attempt to contact the company. The baseless report was prepared with ulterior motives and not because of any actual discrimination or mistreatment. It makes assertions that cannot be supported and do not reflect Zara’s diverse workforce.
“Zara USA believes that the report is completely inconsistent with the company’s true culture and the experiences of the over 1,500 Zara employees in New York City. We are an equal opportunity employer, and if there are individuals who are not satisfied with any aspect of their employment, we have multiple avenues for them to raise issues that we would immediately investigate and address.
“Approximately half of all Zara USA employees are Hispanic or African American. In the most recent round of internal promotions at Zara USA, approximately half were Hispanic or African American employees. In addition, approximately half of all hours are regularly allocated to Hispanic or African American employees. These facts clearly demonstrate that diversity and equal opportunity are two of the company’s core values. We are a global multicultural company serving valued customers across 88 countries, and do not tolerate discrimination of any form.”
Welp. I know Zara won’t be seeing my money again anytime soon. It’s a shame, their pencil skirts fit me in all the right places…
Source: New Pittsburgh Courier
4 days ago
4 days ago