Efforts to Wipe Out MCAD’s Administrative Process Still Pending

Committee Hearing has taken place.  But you may still send your letters opposing this bill to house Chair Peter V. Kocot, Room 22; Senate Chair Kenneth J. Donnelly, Room 413D; State House, Boston, MA 02133.

Massachusetts’ anti-discrimination law – 151 B – provides an administrative process to help eradicate discrimination. A key aspect of this process allows individuals to file a complaint with the MCAD and ask for an investigation without needing to hire a lawyer and go to court. If a person has individual representation and wants to go to court, they may do so.   But, the existing statute leaves the decision as to whether to look for relief via the administrative process or the courts up to the person filing the complaint.

>>Proposed House 1739 would wipe out the MCAD’s administrative enforcement powers by allowing respondents to opt-out of MCAD procedures entirely and force the matter into court. This proposed legislation would effectively over-rule the case of Stonehill College v. MCAD, 441 Mass. 549 (2004) which makes it clear that the MCAD’s administrative enforcement powers are exercised in the public interest and cannot be nullified or avoided.

>>H 1739 would also require plaintiff’s to pay $250 before they could file a complaint, clearly limiting the ability of the most vulnerable of workers to seek the help intended by 151 B, the Massachusetts anti-discrimination law.

>>JALSA members have a long personal association with 151B. Our CLSA leaders wrote this legislation, encouraged its passage, and have worked for years to fund this agency and protect this public policy to eliminate discrimination.

>>ACTION Needed

The hearing on this proposed legislation before the Joint Committee on State Administration and Regulatory Oversight is today, February 27, at the Weymouth Town Hall. Assuming few of you have the luxury of a last-minute run to Weymouth, please send your letters opposing this bill to

House Chair Peter V. Kocot, Room 22;

Senate Chair Kenneth J. Donnelly, Room 413D;

State House, Boston, MA 02133.

There is also an organizational letter being prepared. If you would like to see that letter with the prospect of your organizational signature, please email Sheila Decter or call the JALSA office, 617-227-3000.

The hearing today  in Washington — supposedly about religious institutions and birth control coverage -is a travesty.  Only religious representatives that are against birth control are being allowed to testify.   The Blunt amendment would allow any employer to decide what tests, procedures, coverage they wish to provide.  Any aspect of health coverage can be judged a “moral” issue.  This effort to allow all insurance companies to suspend birth control coverage is only part of what would be impacted by this amendment.   That one of Massachusetts’ senators is willing to be a co-sponsor of this proposal is unacceptable.  Call Senator Scott Brown’s office and tell him we do not accept this kind of attack on women’s health.  Call his Senate office at (202) 224-4543 or (617) 565-3170 .

VICTORY

Trader Joe’s and The Coalition of Immokalee Workers

Sign Fair Food Agreement

The CIW has thanked tens of thousands of Fair Food activists around the country who helped make this tremendous step forward possible, especially those who had planned actions in over 40 cities this coming weekend. In light of this great news, all actions planned for this weekend are cancelled.

Congratulations JALSA members who have participated in these efforts.

Instead of delivering letters sharing our concern, please take a moment to congratulate Trader Joe’s for having joined the Fair Food program.

The Fair Food Program is a groundbreaking approach to social responsibility in the US produce industry that combines the Fair Food Code of Conduct – a set of labor standards developed in a unique collaboration among farmworkers, tomato growers, and the food industry leaders who purchase Florida tomatoes – with a small price premium to help improve harvesters’ wages.

The announcement that the Susan Komen Foundation was not going to fund Planned Parenthood was of great concern to all of us who care about the efforts to find a cure for breast cancer, the efforts to support reproductive rights, and the broader issue of the health needs of women. The outpouring of support for Planned Parenthood and women’s health needs was heartwarming.

However, much remains to be seen at both the Susan Komen Foundation and in the country at large. Will women across the country tell their congressional representatives that they will not be quiet or passive in the face of congressional de-funding of women’s health services? Will women and men who care about their wives and daughters tell prospective political candidates that they will not put up with new restrictions on health services, birth control, and abortion (83 state laws in 2011 restricting access to abortion services “Guttmacher Institute” via Sarah Kliff, Washington Post’s Wonkblog. Eight states now prohibit private insurance plans from covering abortion. )   Will the advice of the Food and Drug Administration to allow the morning-after pill Plan B be directly available at drugstore and supermarkets continue to be thwarted by the Administration?

No wonder the Susan Komen Foundation thought no one would pay attention.