Zara Latest ‘Cool’ Retailer in Hot Water for Alleged Discrimination
Spanish fashion chain Zara is among several “hip” retailers making headlines recently for alleged discrimination...
Spanish fashion chain Zara is among several “hip” retailers making headlines recently for alleged discrimination against employees.
Ian Miller, a former attorney for the mega-retailer, claims he was harassed and discriminated against for being Jewish and gay. In his $40 million lawsuit against the company, which is owned by Inditex SA, Miller alleges that he was excluded from meetings, given smaller raises than other employees and subjected to discriminatory remarks.
In addition, the Center for Popular Democracy released a survey of New York–based Zara employees, titled “Stitched with Prejudice: Zara USA’s Corporate Culture of Favoritism.” The report found that black employees are more dissatisfied with their hours than white employees, are reviewed more harshly by management and are least likely to be promoted.
When it comes to people who shop at Zara, black customers are seven times more likely to be targeted as potential thieves than white customers, the report found.
A spokesperson for Inditex refuted the claims in the Center for Popular Democracy report in a statement to FOXBusiness.com.
“It fails to follow an acceptable methodology for the conduct of a credible objective survey on workplace practices, and instead appears to have taken an approach to achieve a pre-determined result which was to discredit Zara. Zara USA believes that the claims made in the report are completely inconsistent with the company’s true culture and the experiences of the over 1,100 Zara employees in New York City and over 3,500 in all the US,” said the spokesperson.
Perhaps even more high profile is a discrimination case involving Abercrombie & Fitch (ANF), which made its way to the Supreme Court. The preppy retailer known for its presence in American malls was sued by Samantha Elauf, a young Muslim woman who wore a headscarf to a job interview at the company seven years ago.
“Ms. Elauf never informed Abercrombie before its hiring decision that she wore her head scarf, or ‘hijab,’ for religious reasons,” the ruling stated.
The Supreme Court recently overturned that decision.
A spokesperson for Abercrombie & Fitch told FOXBusiness.com in a statement that although the Tenth Circuit decision was overturned by the Supreme Court, it was not determined that the company discriminated against Elauf.
“We will determine our next steps in the litigation, which the Supreme Court remanded for further consideration. A&F remains focused on ensuring the company has an open-minded and tolerant workplace environment for all current and future store associates. We have made significant enhancements to our store associate policies, including the replacement of the 'look policy' with a new dress code that allows associates to be more individualistic; changed our hiring practices to not consider attractiveness; and changed store associates' titles from 'Model' to 'Brand Representative' to align with their new customer focus. This case relates to events occurring in 2008. A&F has a longstanding commitment to diversity and inclusion, and consistent with the law, has granted numerous religious accommodations when requested, including hijabs,” the spokesperson said.
Nasty Gal, a self-described “global online destination for fashion-forward, free-thinking girls,” is being sued for illegally firing Aimee Concepcion and several other employees either before taking or during maternity/paternity leave.
The lawyer for the former employee that filed the suit, who will represent three other female ex-employees in arbitration hearings, said “they were the only pregnant females who provided notice of maternity leave before being terminated, and …their jobs were taken over by other employees.”
"The accusations made in the lawsuits are false, defamatory and taken completely out of context,” a Nasty Gal spokesperson told FOXBusiness.com. “The layoffs in question were part of a larger restructuring of departments we completed over nine months ago. The lawsuits are frivolous and without merit."
When it comes to the likelihood of this case succeeding in court, it is worth looking to similar prior verdicts for perspective.
“Shortly before they filed the Nasty Gal lawsuit, a $7.7 million verdict in favor of a pregnant (at the pertinent time) Price is Right model was affirmed by a California appellate court,” said Jeff Trexler, associate director at Fordham’s Fashion Law Institute.
On the flip side, “If Nasty Gal can show that it actually provided the requisite notices, offered reasonable accommodation to her (Concepcion’s) pregnancy, wasn't motivated to fire her because of her pregnancy, and did not treat pregnant women differently from other employees in similar positions, there's a substantial possibility that the company will prevail,” said Trexler.
Retail stores have also received flack in recent months for selling discriminatory merchandise. Urban Outfitters (URBN) was condemned by organizations including the Human Rights Campaign and the Anti-Defamation League for a gray- and white-striped tapestry imprinted with a pink triangle that was sold at a store in Boulder, Colorado. The groups said the item projected Holocaust imagery, specifically of the uniforms gay men were forced to wear in Nazi concentration camps. Calls for comment to Urban Outfitters were not returned by the time of publication.
Despite the extent of public outcry over the merchandise, Urban Outfitters is technically allowed to sell whatever it wants.
“Designs evocative of Nazi imagery may be offensive, but they're no more illegal than the Confederate flag; ultimately, the decision to stop selling designs with either image comes down to ethical and reputation management concerns,” said Trexler.
In recent weeks, several retailers including Wal-Mart (WMT), Sears (SHLD) and Amazon (AMZN) announced they would stop selling Confederate battle flag merchandise following the mass shooting in June at Emanuel African Methodist Episcopal Church in Charleston, South Carolina.
No stranger to controversy, Zara was also accused of selling discriminatory merchandise. A 2014 white-and-blue striped shirt, which featured a six-pointed star, came under fire for its resemblance to uniforms worn by Jewish prisoners at Nazi concentration camp. The “sheriff shirt” was pulled from the retailer’s site after it issued an apology.
So, is outcry over discrimination becoming more common in the retail industry, or is it simply that intense media scrutiny is making it seem like it is?
“Allegations of discrimination are nothing new in fashion, as with any business, but what's particularly noteworthy now is their potential to have a substantial negative impact on a brand,” said Trexler. “One could say that the way people characterize discrimination is shifting from incident to identity, and in this fashion reflects a broader cultural trend that has emerged alongside advances in communications technology.”
When asked if changes in the law are making discrimination lawsuits easier to file, Trexler said that enforcement has shifted “in ways that arguably encourage people to take legal action.”
Most notably, the U.S. Equal Employment Opportunity Commission has worked to make pregnancy discrimination an enforcement priority, and a Supreme Court decision also raised awareness on the issue.
“Acts that might have gone unchallenged in years past now might be more likely to spark a lawsuit,” said Trexler.
Source: Fox Business
No sanctuary cities in Florida? That’s not as settled as Andrew Gillum claims
No sanctuary cities in Florida? That’s not as settled as Andrew Gillum claims
It’s difficult to speak in absolutes when discussing sanctuary cities, because as Gillum said, there is no formal...
It’s difficult to speak in absolutes when discussing sanctuary cities, because as Gillum said, there is no formal definition. The term can be used to make either negative or positive arguments about local policies, said Francesca Menes, Florida state coordinator for Local Progress, a national network of local elected officials working on social issues, including immigration protection.
Read the full article here.
Woman Who Confronted Jeff Flake in the Elevator: 'I Wanted Him to Feel My Rage'
Woman Who Confronted Jeff Flake in the Elevator: 'I Wanted Him to Feel My Rage'
The protesters who cornered Flake just before he voted on Kavanaugh's confirmation spoke out about why they did it....
The protesters who cornered Flake just before he voted on Kavanaugh's confirmation spoke out about why they did it.
Read the full article here.
Another Victory for Workers in Seattle—This Time It’s Their Schedules
Another Victory for Workers in Seattle—This Time It’s Their Schedules
Although she was hired on as a full-time employee at Domino’s Pizza, Crystal Thompson had a schedule that became...
Although she was hired on as a full-time employee at Domino’s Pizza, Crystal Thompson had a schedule that became erratic and unreliable shortly after she began working there in 2009. One day she’d start at 9 a.m. and work until 9 p.m.; and then she’d get a call asking her to work the morning shift the next day.
“It’s so hard trying to plan your life.”
The single mother of three relied on the job to pay over $1,200 a month in rent, utilities, food, and child care, but during the most volatile weeks, she was lucky if she got even 20 hours in shifts. Moreover, it was difficult to find a babysitter or make doctor’s appointments when she sometimes received her schedule only a day in advance. At a loss, Thompson moved one of her children into the living room and found a roommate to shoulder the part of the rent that she couldn’t afford.
“It’s crazy,” Thompson says about her schedule. “It’s so hard trying to plan your life.”
But thanks to an ordinance passed in Seattle last month, Thompson and other workers in the service and retail industries will finally have the freedom to think more than one day ahead. The new law, known as “secure scheduling,” will take effect in July 2017 and will impact large retail, service, and drinking establishments with a minimum of 500 workers globally, as well as full-service restaurants with more than 500 workers and 40 or more locations.
The measure requires that employers post work schedules at least two weeks in advance, offer additional hours to existing workers before hiring new employees, and provide at least a 10-hour break between closing and opening shifts. Thompson says that anything less than that doesn’t leave enough time to rest, shower, care for her children, and be alert enough to work another shift.
The Seattle measure comes on the heels of similar legislation passed in San Francisco in 2014, which labor activists call a game changer for the labor movement. It provides that hourly workers have the ability to better budget their expenses, take on second jobs, and plan for education and family time.
Workers in the service and retail industries will finally have the freedom to think more than one day ahead.
Working Washington, a Seattle-based labor advocacy organization that led the efforts, attests that, much like legislation for a $15 minimum wage that passed in Seattle in 2014, predictable schedules will likely spread to other cities and states too. New York City Mayor Bill de Blasio recently announced that he and other city officials plan on drafting legislation to ensure secure scheduling for fast-food workers.
Thompson’s plight is common for workers in the service and retail industry nationally, as shown in a report co-authored by associate professor Susan Lambert at the University of Chicago’s School of Social Service Administration. About 3 out of 4 early-career adults in hourly jobs report fluctuations in the number of hours they’ve worked in a month, and nearly half of part-time workers said that their employers gave them a week’s notice or less when their schedules changed.
Photo courtesy of Working Washington.
The problem is especially severe among African Americans and Latinos in Seattle. Another study, this one commissioned by the city itself in July, revealed that the two groups were the most likely to receive their schedules with less than a week’s notice, be required to be on-call, or to be sent home during slow shifts. They also reported higher rates of having difficulty attending classes and working second jobs because of their schedules.
Sejal Parikh, executive director of Working Washington, says that erratic scheduling has proliferated in the past two decades with the advent of scheduling software programs. After her group pushed for a $15 minimum wage and won, a campaign for secure scheduling seemed like a natural next step, she says. “The $15 minimum wage is about money, and the secure scheduling campaign is really about power.”
A stable schedule allows workers to spend time with their families, have hobbies, and further their careers.
But the measure is not immune to opposition. The advocacy group Washington Retail Association issued a press release in August stating that the measure undermines the fluctuating nature of business and would lead to layoffs. But Parikh counters that companies are already staffing leanly and that there’s usually not an excess of workers during one shift. A secure schedule simply allows a barista who lives an hour away from work to get eight hours of sleep at home instead of sleeping inside of the coffee shop, she contends.
It’s important that the more than 75 million people who work hourly jobs nationally have some say in their own schedule, says Carrie Gleason, director of the Fair Workweek initiative at the Center for Popular Democracy. A stable schedule allows workers to spend time with their families, have hobbies, and further their careers. Gleason adds that the legislation “ensures that Seattle workers can have a voice” in determining how many hours they work, which is something she hopes catches on in other cities.
In Seattle, Thompson is already planning out the time she’ll enjoy once she has a more predictable schedule. She is now working part time because she’s caring for her 9-month-old baby, but Thompson says she plans on going back to school to get a degree in Spanish and to become an interpreter. The new ordinance will also allow her to figure out child care and to budget for the rent in her new Section 8 housing, which takes 30 percent of her income.
More than anything, Thompson says she’s looking forward “to more peace of mind.”
By Melissa Hellmann
Source
Latinos Presentan La Mayor Tasa De Mortalidad Por Accidentes En Industria De La Construcción De Nueva York
Latinos Post – October 25, 2013 - La población hispana e inmigrante que es empleada en el sector de la...
Latinos Post – October 25, 2013 -
La población hispana e inmigrante que es empleada en el sector de la construcción del estado de Nueva York es el grupo étnico más vulnerable a los accidentes fatales en su lugar de trabajo, según reveló este jueves 24 de octubre un reporte realizado por el Centro por la Democracia Popular.
De acuerdo con El Diario NY, Los datos arrojados por el estudio, muestran que entre 2003 y 2011, del total de muertes por caídas y accidentes en las construcciones registrados en La Gran Manzana, el 60% de los casos los fallecidos resultaron ser hombres hispanos y/o inmigrantes.
Se trata de una cifra alarmante ya que 75 trabajadores de la construcción mueren por accidentes de manera anual en el estado de Nueva York, según dio a conocer la periodista Blanca Rosa Vílchez a la cadena de noticias de Univisión.
La fuente señala que en Nueva York el 41% de los trabajadores del sector construcción son hispanos. Sin embargo, el informe dado a conocer este jueves demostró que el 74% de las muertes por accidentes corresponden al mismo grupo étnico.
Un problema de seguridad
El pasado 24 de septiembre, trabajadores de la construcción en Brooklyn se manifestaron para exigir mejoras en las condiciones de seguridad en sus lugares de trabajo, luego de que reportaran una importante alza en los accidentes relacionadas con la escasa inversión en esta materia que las compañías constructores ofrecen, lo que ha causado graves accidentes que en muchos casos han cobrado la vida de trabajadores que reciben un salario mínimo.
En su momento Diario NY dio a conocer que los obreros se manifestaron en el 227 de la avenida Carlton, en Fort Greene, lugar en el que el 10 de septiembre un trabajador de 62 años perdió la vida al venirse abajo el techo de uno de los apartamentos en los que trabajaba.
De acuerdo con los manifestantes, las compañías contratistas de Nueva York compran materiales de mala calidad con tal de ahorrar dinero y no invierten en cursos de seguridad para sus trabajadores, lo que deja a los constructores en una situación peligrosa.
Miedo a denunciar por falta de documentación legal
La comunidad latina que trabaja en la construcción es doblemente vulnerable a esta situación, ya que muchos de los obreros son inmigrantes indocumentados, por lo que en caso de sufrir algún accidente prefieren no denunciar a la empresa constructora por miedo a ser deportados o despedidos.
Por si esto fuera poco, en caso de reportar violaciones a las normas de seguridad, las multas a las compañías constructoras son por montos muy bajos, lo que facilita que se siga omitiendo la inversión en seguridad en los lugares de trabajo.
Según destaca Univisión, las multas a las que se enfrentan las constructoras no superan los 2 mil dólares en caso de accidente, y los 12 mil en caso de muerte de un trabajador, una cifra que refleja la dimensión de los riesgos con los que los obreros de la construcción deben trabajar todos los días.
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Pittsburgh to host progressive activists, leaders at National People’s Convention
Pittsburgh to host progressive activists, leaders at National People’s Convention
In Seattle’s 2013 election, Nick Licata broke the city’s record for the most votes received citywide for a city...
In Seattle’s 2013 election, Nick Licata broke the city’s record for the most votes received citywide for a city councilor in a contested race. That same year he was named the country’s Most Valuable Local Official on The Nation’s list of most valuable progressives.
During his time on council, Licata sponsored and passed legislation like paid sick leave and supported a plan to raise Seattle’s minimum wage to $15 an hour, two social-justice objectives sought by activists around the country. At the end of last year, the veteran Seattle city councilor retired after 18 years in office.
That’s not the end of Licata’s social-justice crusade, however. This week he’ll visit Pittsburgh to attend two conventions on social-justice issues and share insights from his recently released book, Becoming a Citizen Activist.
“My primary mission right now,” says Licata, “is to work with both citizens and elected [officials] to recognize that no matter what happens after November, it’s critical that we maintain an activist space at the local level, because we’ve shown at the local level we can accomplish things, and we can continue to accomplish things no matter who is president.”
Pittsburgh and other cities haven’t seen as much progress on paid sick leave and the Fight for $15 as has Licata’s native Seattle. Pittsburgh City Council passed a paid-sick-leave bill last year, but a judge struck it down in December as unenforceable. And while the city and some employers have raised their minimum wage to $15 an hour, a mandatory minimum wage citywide is a ways away.
But Pittsburgh must be doing something right because it was selected to host those two social-justice conventions. The People’s Convention will bring more than 40 national activist organizations to the city, while the Local Progress Convening will see the arrival of hundreds of progressive municipal elected officials.
“Pittsburgh was identified as a place where [the] movement is very real,” says Erin Kramer, executive director of social-justice group One Pittsburgh. “There’s more workers organizing per capita in Pittsburgh than any other city in the country right now. There’s something happening in Pittsburgh right now, and folks want to come see it and learn from it.”
The pairing of the events isn’t an accident. They’re both sponsored by the Center for Popular Democracy, a group that works to build alliances between progressive organizations and politicians. Participants say collaboration between the two bodies is integral to ensuring progressive laws are passed and enacted.
“It is very important for elected officials who are trying to advance social change to have a direct understanding of the specific concerns of communities,” says Ana Maria Archila, co-executive director of Popular Democracy. “And it’s very important for community members to have relationships with elected officials. We know in the places where working families are winning we need both the pressure on the outside and the strategy on the inside.”
Jimmy John’s employee Chris Ellis has worked in the fast-food industry for more than two decades and has become a leader in the local Fight for $15. At the People’s Convention next week, he’ll have the opportunity to meet leaders from movements in other cities throughout the country.
“[I hope to learn] better organizing skills not just for the Fight for $15 movement but for all movements in general,” Ellis says. “I’m the type of person who sees myself trying to organize other fights, because once this fight is over, I’m looking for other fights.”
The interconnectedness of social-justice issues is widely recognized by activists. The People’s Convention will focus on topics like workers’ rights, health care, gun violence and education — issues that One Pittsburgh, which is part of the hosting committee, has been working on for more than a decade. The idea is to collaborate on these issues to build momentum and produce results.
“In Pittsburgh there’s lots of progressive work on half-a-dozen different issues at any given time, and increasingly those organizations are building partnerships with each other,” says Kramer, from One Pittsburgh. “We’ve been getting together to learn from each other and build our campaigns together. What I think folks are increasingly realizing is whether it’s housing, minimum wage or education justice, it’s really the same people who need to come together to build power to build a city that works for all of us.”
The event will develop strategies for appealing to lawmakers, but will also address barriers in cities where the majority of elected officials are already supportive of social-justice movements.
“Increasingly, we find ourselves literally preempted from solving problems at the local level by state legislatures that are unfriendly to the solutions we would propose,” says Kramer. “A good example is where we passed paid-sick-day legislation for tens of thousands of people in Pittsburgh and immediately it goes in front of the court because the restaurant association [the Pennsylvania Restaurant and Lodging Association] objects. The reason we don’t have a $15-an-hour minimum wage for the vast majority of Pennsylvanians is because you can’t do that at the city level.”
Combating these barriers that stifle progress at the municipal level — and particularly, developing strategies for fighting lawsuits against progressive laws — is something that will be discussed at the Local Progress convention this weekend as well.
“It’s the strategy,” says Licata, a Local Progress co-founder. “It’s smart on [the opposition’s] part, and I think that’s what we’ll see in other cities — corporate strategy to try to limit [these laws]. What I would like to see as we see more of these lawsuits being filed is Local Progress use our network to work on national strategies to fight these corporate challenges through the court system.”
To ensure laws fall within a city’s jurisdiction, Local Progress has also been holding workshops to examine the power that states hold over local municipalities. And they’re also looking into legislation that is being passed to further limit cities’ rights.
“As a rule of thumb, cities are creatures of the state,” says Licata. “Over half the states limit the authority of cities, and one of the ongoing battles we’re having that impacts local politics is the whole issue of states limiting citizens’ rights. We’ve been fighting on that. It’s a major concern.”
Ultimately, as a former activist turned politician turned activism author, Licata says the intersection of the two events and collaboration is important to ensuring that things like paid sick leave and a $15-an-hour minimum wage are realized.
“People at the People’s Convention and the politicians at Local Progress are literally the same people. A lot of the people at Local Progress were activists,” he says. “When someone gets elected to office, people who got the person elected to office think he or she will take care of the problems, and the person who gets elected thinks, ‘Oh, I have to act differently.’ But you have to continue organizing and use the power you get as an elected official to amplify your organizing.
“Government is a tool. It’s not an end-product. I think getting into office does give you more power, but you want to distribute that power so other people have access to power. The main ask of progressive politicians who want to build communities is to disperse the power that was given to them to as many people as possible.”
According to Pittsburgh Mayor Bill Peduto, who as city councilor joined Local Progress nearly a decade ago, the group can counterbalance those organizations that are trying to get conservative legislation passed.
“Certainly we’ve learned from other cities through these organizations,” says Peduto. “We hear a lot about ALEC [American Legislative Exchange Council] and how it is a network that is putting state legislatures into very conservative, Tea Party-type of policies, and it networks nationally. Well, this is the answer, and these organizations have become the network that helps progressive policies to work their way into implementation in city halls. And the fact that they chose Pittsburgh to do it shows that we are a part of that network and one of the areas that the rest of the country looks towards.”
Like Peduto, event organizer Popular Democracy hopes its network of activists and politicians will have the ability to shape the future of the country.
“It’s a really important moment politically because our nation is at a crossroads between the politics of hate and xenophobia and the politics of opportunity and interdependence,” says Popular Democracy’s Archila. “We are in the process of a presidential election where the issues that matter to the working-class community are really centrally positioned in the debate. How the solutions are advanced will depend on who is in motion. And we will have in Pittsburgh thousands of people who are in motion across the country and who are helping define the debate for what’s possible in their cities.”
By Rebecca Addison
Source
Fatal Construction Accident Shows Higher Risks Faced by Latino Workers
Truthout - March 31. 2015, by Danica Jorden - Monday morning, March 23, 2015, in Raleigh, North Carolina, was a mild...
Truthout - March 31. 2015, by Danica Jorden - Monday morning, March 23, 2015, in Raleigh, North Carolina, was a mild and slightly overcast day. The first signs of spring were beginning to emerge after an uncharacteristically chilly winter for the capital of the Southern state. But the recent cold weather had hardly hampered the construction of several high-rise office and condo projects, unprecedented for the generally low-rise city.
The 12-story Charter Square was one such project, and on March 23, just before 11 am, workers were busy on its south wall, with two mast climbers attached to its all-glass surface. Mast climbers are a scaffolding device employing a thin, central steel column stuck to the side of a structure, along which a horizontal platform that ferries workers up and down, so that they can install the glass panels future occupants will gaze from when the building is finished. On this day, the mast climbers were to be dismantled, with the building scheduled for opening in May.
About halfway up, the mast suddenly peeled off the side of the building, sending José Erasmo Hernández, José Luis López Ramírez and Anderson Antones de Almeida to their deaths, and Elmer Guevara to the hospital in serious condition. The four men were working for a tangled web of contractors and subcontractors, and the Department of Labor's representative on the scene said that contractors themselves inspect mast climbers, which are not specifically regulated by the state.
North Carolina Occupational Safety and Health's Kevin Beauregard indicated that OSHA, the federal agency, also does not have specific guidelines regarding mast climbers. He added that he did not expect to find that the scaffolding had been previously inspected. "There's no possible way our inspectors can go to every site,"Beauregard said. "We have over 200,000 work sites in North Carolina. We have approximately 75 to 100 inspectors employed. So it's physically not possible to go to every single site."
(Photo: Danica Jorden)
2014 was the North Carolina construction industry's most deadly year, according todata from the state Department of Labor. Nineteen people lost their lives working in construction in 2014, or 43 percent of the 44 work-related deaths statewide. Falls accounted for 13 of those deaths. The death rate was nearly double that of 2013.
According to the Bureau of Labor Statistics, Latinos are overrepresented in the construction industry, holding 24 percent of all construction jobs. But visits to construction sites in North Carolina reveal that Latinos are far more present at the front lines: scaling walls, down in holes and operating dangerous equipment. A closer look at the statistics shows that Latinos make up only 14 percent of first-line supervisors and 9 percent of managerial positions. Furthermore, BLS statistics show that from 2010 to 2013, fatalities for Latino construction workers rose 20 percent, while during the same period, deaths for non-Latinos fell.
In 2013, the AFL-CIO published a report on Latinos in the construction industry in New York. "A disproportionate number of Latinos and immigrants are disproportionately killed in fall accidents in New York, according to a new study by the Center for Popular Democracy, because they work in construction in relatively high numbers; are concentrated in smaller, nonunion firms; and are over-represented in the contingent labor pool," according to the report.
In New York, skyscrapers have been around for more than a century, and laws were written to regulate the construction industry and protect workers high up in the sky. The longstanding Scaffold Law was enacted in 1885, but is recently under attack. Construction companies have been working hard to amend it, saying it is one-sided in not protecting the industry from workers' own negligence. According to a 2013New York Times article:
They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state's economic growth.
But also in 2013, industry publication Durability + Design conversely reported that the industry had just been successful in reducing its penalties regarding a significant 2009 mast climber accident that resulted in fatalities.
Nearly five years after three EIFS applicators fell to their deaths from a high-rise construction site in Austin, TX, a judge has ordered the scaffolding company in charge to pay $17,150 in fines. Mast Climber Manufacturing Inc. d/b/a American Mast Climbers, of Whitney, TX, contested the 2009 citations (eight serious, one willful) issued for safety hazards after the accident. The penalties originally totaled $86,800. In the Jan. 29 ruling, Administrative Law Judge Ken S. Welch affirmed the willful violation and two serious violations involving lift equipment set up at the site. The parties agreed to settle three serious violations, and the judge vacated the rest.
In right-to-work North Carolina, people in general have more limited recourse in the workplace and the courts, and immigrants may be at a distinct disadvantage when asserting their rights. A 2012 study entitled "Employer provision of personal protective equipment [PPE] to Latino workers in North Carolina residential construction" states its "results suggest that the residential construction subsector generally fails to provide [Latino] workers with PPE at no cost, as is required by regulation."
Working side by side on a narrow platform high above the street on March 23, the men who lost their lives and their injured companion worked for at least three different companies. Brazilian Anderson Almeida and Elmer Guevara from El Salvador worked for Associated Scaffolding and Equipment, while José Hernández of Honduras and José Luís López from Mexico worked for Juba Aluminum/ Janna Walls and Kea Contracting. These subcontractors were employed by the site's general contractor, Choate Construction. The property is owned by Dominion Realty.
According to the Southern Poverty Law Center (SPLC), using multiple subcontractors is a way to hide worker abuse as well as shield companies from culpability.
[W]orkers who try to stand up for their rights often find themselves frustrated by multiple layers of subcontractors and middlemen - an arrangement that seems designed to insulate corporations at the top from accountability for the mistreatment of workers. The same phenomenon was seen repeatedly in New Orleans with contractors working to clean up the city after Hurricane Katrina.
In a federal ruling, the SPLC won a case against Del Monte on behalf of agricultural workers, successfully arguing that "... the labor contractor and the workers were really employees of the Del Monte subsidiary and that the company was indeed responsible for any wage abuses that could be proven. The federal ruling was an important milestone for workers, but the fact remains that most Latino farmworkers in the South have little or no access to legal representation."
Speaking to television news station Notícias 40 in Durham, Olvia López tearfully explained that her husband José Luís, father of their three children, had expressed fear about the conditions at his job, but felt he had no choice but to go to work. The station also indicated that José Hernández leaves behind a wife and two young children who depend upon him in Honduras, where he had intended to return in November, while Anderson Almeida had a partner, child and stepchild. The family of Elmer Guevara has instructed the hospital to withhold information about their loved one at this time.
In a growing memorial, a cardboard sign erected near the Charter Square buildingread, "While we run from a corrupt government, we put our lives on the line in the chase of the American dream. RIP fellow dreamers."
It may have been placed by the NC Dream Team, made up of Dreamers, like the brave Viridiana Martínez, Loida Silva and Rosario López, who held a hunger strike in 2010 not far from the site of the accident. After Viridiana qualified for the Dream Act, or DACA (Deferred Action for Childhood Arrivals), she went on to report from inside an immigration detention facility and helped identify and liberate women who were eligible for US residency. Dreamers are the children of immigrants who were born abroad but grew up in the United States and want to continue their education as Americans.
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2020 Democrats Band Together To Call For Puerto Rico Debt Cancellation
2020 Democrats Band Together To Call For Puerto Rico Debt Cancellation
Ana Maria Archila, co-executive director of the Center for Popular Democracy, welcomed the legislation. “The vast...
Ana Maria Archila, co-executive director of the Center for Popular Democracy, welcomed the legislation. “The vast majority of Puerto Rican debt is owned by actors who invested knowing full well that Puerto Rico could not pay,” she said. “There’s no way for Puerto Rico to recover if it has to use public money to pay hedge funds.”
Read the full article here.
Fed Up Says It Unjustly Lost Rooms at Jackson Hole Meeting
Fed Up Says It Unjustly Lost Rooms at Jackson Hole Meeting
A coalition of community and labor groups known as “Fed Up” said 39 members planning to stay at the hotel hosting the...
A coalition of community and labor groups known as “Fed Up” said 39 members planning to stay at the hotel hosting the Federal Reserve’s prestigious annual retreat in Jackson Hole, Wyoming, were unfairly singled out when their 13 room reservations were canceled.
The group, which is pressing the U.S. central bank to appoint more minorities and women to its leadership, said most of its attendees would have been black and Latino. It has filed a complaint with the U.S. Department of Justice and other government officials. The group believes it lost the rooms because of “specific targeting of the Fed Up coalition.”
Fed Chair Janet Yellen is the first woman to lead the U.S. central bank and it remains under pressure to become more diverse. Democratic presidential nominee Hillary Clinton joined calls for reform in May and the central bank has taken fire from Republicans, who warn its low interest rate policies risk inflating another asset bubble.
The Fed Up coalition, which wants rates to stay low to boost hiring and lift wages, has discussed its concerns with Fed officials, including Esther George, president of the Kansas City Fed, which hosts the annual Jackson Hole monetary-policy conference in late August.
Faced with criticism that it doesn’t look out for the interests of poorer Americans, the Fed has been making efforts to change. The Kansas City Fed said on Thursday that it will hold a conference on the challenges low- to moderate-income communities face on Sept. 7-8 at its headquarters.
Booking Error
Alex Klein, vice president and general manager of Grand Teton Lodge Company and Flagg Ranch, said the reservations were canceled because “an error in the booking system” resulted in the Jackson Lake Lodge being oversold by 18 rooms. “We worked proactively and diligently with guests to relocate them to our nearby Flagg Ranch property,” he said in a statement.
The Kansas City Fed has a contract to provide rooms for guests at the symposium and “has no input regarding any decisions that the Lodge makes outside of its contract with us,” said bank spokesman Bill Medley.
The symposium, which gathers policy makers and economic-thought leaders for a three-day retreat in the heart of the Grand Teton mountains, is probably the most important event of its kind on the central-banking calendar. Yellen will attend and plans to address the conference on Aug. 26. This year’s meeting, which is invitation only, is focused on the topic “Designing Resilient Monetary Policy Frameworks for the Future.”
The hotel, while remote, is open to the public and Fed Up representatives have made the trip for the past two years. In 2015, Fed Up held an alternative conference at the Lodge which was addressed by Nobel-prize winning economist Joseph Stiglitz.
By Steve Matthews & Jeanna Smialek
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Democratic Lawmakers Say Fed Should Increase Its Diversity
Democratic Lawmakers Say Fed Should Increase Its Diversity
The predominantly white male composition of Federal Reserve leadership is facing criticism from Democratic elected...
The predominantly white male composition of Federal Reserve leadership is facing criticism from Democratic elected officials who believe the institution doesn’t adequately reflect the demographics of the nation it is meant to serve.
The legislators said in a letter to Federal Reserve Chairwoman Janet Yellen on Thursday that central bank leaders also are drawn too frequently from business and financial backgrounds. The letter to Ms. Yellen received support from the leading Democratic candidate for the White House, Hillary Clinton.
Eleven senators and 116 members of the House of Representatives signed the letter, which was organized by Sen. Elizabeth Warren of Massachusetts and Rep. John Conyers Jr. of Michigan. No Republicans participated, although they were given the opportunity to do so.
“Given the critical linkage between monetary policy and the experiences of hardworking Americans, the importance of ensuring that such positions are filled by persons that reflect and represent the interests of our diverse country, cannot be understated,” the letter said. “When the voices of women, African-Americans, Latinos, and representatives of consumers and labor are excluded from key discussions, their interests are too often neglected.”
While the Fed has made “some progress” on diversity issues, the central bank has “considerable work to do” to comply with its legal mandate to represent the interests and diversity of the American people, the letter said.
The Fed said in a statement that it “is committed to fostering diversity—by race, ethnicity, gender, and professional background—within its leadership ranks.” It added that when it comes to the members of the regional boards, “by law, we consider the interests of agriculture, commerce, industry, services, labor, and consumers. We also are aiming to increase ethnic and gender diversity.”
The Fed also cited a rise in both racial and gender diversity on the regional Fed boards, with 46% of all directors now meeting the label of “diverse.”
In February, Ms. Yellen also addressed the issue in testimony to Congress, saying officials in Washington are “constantly attentive in its oversight of the reserve banks to the issue of diversity of representation on those boards. And it has improved considerably.”
The legislators’ letter follows a report earlier in the year from the Center for Popular Democracy’s left-leaning Fed Up Coalition, which took a look at the Washington-based Fed governors, regional bank presidents and boards of directors overseeing the 12 regional banks. That report flagged the fact that even as the Fed is now led by a woman, three of five current governors are men, and all are white. Of the 12 regional Fed bank presidents, 11 are white, two are women, and one is Indian-American. The last black person to hold a top leadership role at the Fed was Roger Ferguson, a vice chairman who left in 2006.
Fed governors are nominated by the president and are subject to Senate approval. Regional Fed bank presidents are nominated by their local boards by members representing firms not regulated by the central bank, subject to the approval of the Fed board in Washington.
The Clinton campaign said the central bank is indeed ripe for change. “The Fed needs to be more representative of America as a whole,” it said in a statement, adding that “commonsense reforms—like getting bankers off the boards of regional Federal Reserve banks—are long overdue.”
Much of the criticism over Fed diversity centers on the make-up of the regional bank boards of directors, which are populated by members of the private sector and oversee the operations of the Fed banks.
The makeup of Fed bank president ranks has been criticized for other reasons as well. The leaders of the New York, Philadelphia, Dallas and Minneapolis branches have all worked for investment bank Goldman Sachs in some capacity.
The Federal Reserve in recent years has faced criticism from both sides of the political spectrum. Many on the right have been angered by the central bank’s aggressive stimulus actions and its role in bailouts of the financial system, and some have wanted to audit the central bank’s process for making monetary policy and force the Fed to set policy based on an explicit and simple rule.
On the left, some have said the Fed has pursued policies that have promoted income inequality and the interests of the financial sector. The low level of diversity has become a more prominent concern in recent months in part because of the report from the Fed Up Coalition.
Meanwhile, former Minneapolis Fed President Narayana Kocherlakota said in a blog post in January that a lack of black representation at the Fed appears to have left central bankers insufficiently attuned to the economic troubles of the African-American community.
The Fed has become an issue in the presidential campaign. Last week, presumptive Republican nominee Donald Trump said he likely would replace Ms. Yellen if he were president. On the Democratic side, Sen. Bernie Sanders of Vermont has long been a critic of the Fed.
By MICHAEL S. DERBY
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