Illinois Deserves the Truth

Illinois News Roundup

Down in the southern Chicago suburb of Harvey, a terrible tragedy has the family of a fifteen-year-old girl seeking justice through the courts. After a school bus driver made the kids on her watch get off the bus and walk home, the girl was abducted and raped repeatedly by three masked men.  Her family is trying to hold the bus company and driver accountable for their negligence.

...

This recent article from BusinessWeek is a disturbing read.  Lesson learned: before you pay a hospital bill, make sure it’s for services you actually owe.

...

Chicago-based drug-maker Abbott got caught falsely reporting drug prices and has to pay Texans back $28 million.  These guys wouldn’t appear on our blog so often (like here) if they’d just stop defrauding people.

...

The Equal Employment Opportunity Commission filed discrimination lawsuits in Illinois against two corporations.  One claims that management at Chicago’s Swissotel hotel mocked and eventually fired a learning-disabled janitor.  According to the other, a Rockford Wal-Mart illegally fired an employee because of her epilepsy.

Chicago Urban League Utilizes the Courts to Fight Discrimination

The Chicago Urban League filed a lawsuit against Illinois yesterday, saying our system of funding schools through property taxes is racially discriminatory and unconstitutional.  From an AP article,

Illinois' current system of funding exacerbates the state's segregated housing problem, especially in Chicago, said Lisa Scruggs, a lawyer for the group. Because homes in neighborhoods with high percentages of minorities have lower values than homes in white neighborhoods, schools in minority districts get less funding.

"The basic fact that you have a distinction between low property-wealth districts and high property-wealth districts, ultimately that leads down the road to gaps in education performance," Scruggs said.

The disparity in funds is real.  The Chicago Reporter collected a list of stats that'll raise your eyebrows.  One example:

Due to the primary reliance on local property tax revenue for school funding, there are massive cumulative gaps in per-pupil spending, particularly in poor or minority communities. The 6,413 students who started elementary school in Evanston in 1994 and graduated from high school in 2007 had about $290 million more spent on their education than the same number of Chicago Public Schools students.

The Urban League wants the state to institute a fairer funding system.  Whether or not you agree with them, everyone should recognize the importance of being able to ask these kinds of questions.  For years, people have used the civil justice system to do just that and to further other civil rights causes.  This is just the latest example.

"Tort Reform" and Racial Prejudice

The Center for Justice & Democracy today announced the publication of "The Racial Implication of Tort Reform" in the most recent edition of the Washington University Journal of Law & Policy.  25 Wash. U. J.L. & Pol’y 161 (2007).  The groundbreaking law review article, by CJ&D Executive Director Joanne Doroshow and CJ&D Policy Analyst Amy Widman, finds, “Whether discussing the impact of typical ‘tort reform’ proposals or the broad rhetoric used to support restrictions on legal rights, racial prejudice lurks behind the ‘tort reform’ movement.”

The article focuses on five major areas: laws that limit the rights of patients injured by medical malpractice; caps on compensation; restrictions on class actions; attacks on jurors by business groups; and laws that weaken the ability of those injured by racial violence to sue hate groups.  Go to CJ&D's website for the full news release, article, fact sheets, etc.!

In Chicago, Unfair Housing and Unequal Opportunity

The National Commission on Fair Housing and Equal Opportunity held its first hearing in Chicago yesterday.  Yes, housing discrimination is still a huge issue.   The nation's housing crunch has affected basically every demographic group, but predatory lenders especially targeted black and Hispanic borrowers.  Chicago markets were pretty much the worst in this respect, so it is only fitting that we host the first meeting. 

And, for those who don't think discrimination plays a big role in the foreclosure crisis, a quote from our own equal opportunity housing champion Lisa Madigan:

"[The foreclosure crisis] isn't the natural result of a slumping economy, and it isn't the result of homeowners taking on more than they can handle," she said. "This crisis is the direct result of unfair, deceptive and discriminatory lending practices by the lending industry."

Walmart Busted

The Wall Street Journal reported (subscription required) that Walmart has settled a disability lawsuit brought by the Equal Employment Opportunity Commission (EEOC) on behalf of a disabled pharmacy technician that was fired from her job.  The employee, who had worked for Walmart since 1993, was injured after sustaining a gun shot wound to her spine at another job in 1994.  Because of her injuries, she was forced to walk with a cane.  Walmart claimed that she could not perform her job with or without reasonable accommodation, which the EEOC investigation found false

As part of the settlement Walmart will pay the victim $250,000 and institute policy changes to its employment practices.

This is yet another example how lawsuits help bring about positive changes for all employees. 

There may be hope yet for the Supreme Court

Cross posted from The Pop Tort by John Guyette

From an AP story:

The Supreme Court found in favor of workers who were retaliated against after reporting race and/or age discrimination to their employer.  

The court, by a 7-2 vote, said a provision of the Civil Rights Act of 1866 covers claims of retaliation that follow complaints about discrimination on the basis of race. 

In a 6-3 ruling, the court likewise held that the part of the major anti-age bias law covering federal employees also protects them from retaliation after complaining about discrimination.

But lets not go too overboard praising this court.  Most of the time, they're more like the court in the satirical TV show, Boston Legal, before whom James Spader's character argued in a recent show. While his case concerned the death penalty, justifiably wound-up Spader told the "Roberts court" exactly what he thought of them - on the corporate side of things, too!  If only.  Check it out, for a truly vicarious thrill.

Walgreen Settlement - Better Shape Up!

Here is yet another example of how the civil justice system helps us all.

A judge approved a settlement to a racial discrimination suit filed on behalf of 14 current and former African American employees of Chicagoland's Walgreen. The suit alleged that Walgreen would place their black mangers, management trainees and pharmacists in low performing stores or in stores in majority black areas, as well as deny these employees promotions based on race.  Under the terms of the settlement current and former black employees will split $20 million for damages and the company has to implement new employment policies to ensure fairness in employment and hiring practices.

Walgreen employs 230,000 people in its company.  Now all of these people will benefit from better and more fair place to work thanks the brave people who stood up against wrongdoing.

Family of Boy Only Wants Justice

What can victims of crime do when the perpetrator isn’t being investigated? This is the question being asked by the family of a Hispanic teenager who was hit and killed by a white driver. The driver isn’t facing criminal charges so the family is taking civil action. The Tribune reports that the family is filing a wrongful death lawsuit in hopes of urging law enforcement to hold the driver accountable or investigate their allegations of racial discrimination.

Predators becoming the prey

Lisa Madigan jumped into the nationwide housing fracas when she issued subpoenas to Countrywide Home Loans and Wells Fargo to investigate racial discrimination in how they gave out high cost loans. These two companies are already feeling the heat over their predatory lending practices, but I guess now they’ll have to answer to civil rights groups, too.

Here is a link to the study that led Madigan to take action, the Chicago Reporter’s “The high price of home ownership.” Apparently we live in the “high cost” loan capital of the country, a fact that African Americans and Latinos know disproportionately well.

This industry obviously needs a lot more transparency.  Hopefully the AG’s office really sinks its teeth into these guys for the sake everyone who has been scammed.

House passes discriminating non-discrimination legislation

Yesterday should have been a landmark moment for the gay, lesbian, bisexual, and transgender community.  Instead, the House passed a compromised Employment Non-Discrimination Act (ENDA) that protects the "GLB" and leaves the "T" out in the cold.  It is not a strong statement against discrimination in the workplace, and it fails to protect all workers.

This legislation prohibits an employer from discriminating based on actual or perceived sexual orientation.  Unfortunately, there is no protection against discrimination based on gender identity.  Civil rights groups and GLBT advocates are outraged by the political maneuvering.

I won't even get into the disturbing blanket exception for religious groups.  For a good perspective of these problems with ENDA, check out Kia Franklin's thoughts at TortDeform.