Economic inequality

  • February 8, 2012

    by Nicole Flatow

    The U.S. Supreme Court’s decision last term rejecting a class action gender discrimination lawsuit against Wal-Mart was seen as a major blow to corporate accountability in discrimination cases. But the case is also proving its impact in areas outside of the employment or discrimination context.

    As Greenwire’s Lawrence Hurley reports, the Wal-Mart v. Dukes decision has been cited in several environmental decisions in both federal and state court, in just the first seven months since the case came down.

    Hurley provides details on three of the decisions, all of which deny class certification to plaintiffs attempting to band together to sue large companies that they allege had contaminated their water supplies.

    “The post-Wal-Mart court rulings so far also illustrate how keen the defense bar is to make the most of the Supreme Court case,” Hurley writes, quoting Richard Samp, a lawyer at the conservative Washington Legal Foundation.

    "The decision is being cited by virtually every defendant who is opposing class certification," Samp said.

    During a Senate Judiciary Committee hearing in June on the impact of Wal-Mart and a second case decided last term, AT&T v. Concepcion, University of Colorado law professor Melissa Hart warned:

  • February 6, 2012

    by Jeremy Leaming

    Judith L. Lichtman one of the nation’s leading -- and most successful -- advocates for equality says she has no intention of ceasing the work she loves anytime soon. And that is tremendous news for a nation where inequalities still loom large.

    In an interview with Kathryn Alfisi for Washington Lawyer, Lichtman (pictured) provides insight into her decades-long career of fighting pervasive racial and gender discrimination, as well as income inequality. She entered law school in the 1960s, which was not at any easy endeavor for women because of deeply held prejudices, and she faced hazing for it.

    Not terribly long after graduation, Lichtman launched what would become a tireless career as a civil rights activist. She started out investigating segregation and other forms of racial discrimination in southern cities.

    “Despite the requirements to integrate public accommodations in Title II of the Civil Rights Act of 1964, there remained many places where public accommodations were segregated,” Lichtman said. “We definitely needed to be cautious during the spring and summer of 1966. One could see segregation all around.”

    Later, Lichtman, a member of the ACS Board, would join the Women’s Legal Defense Fund, now the National Partnership for Women & Families, as its executive director. There she oversaw several landmark achievements, including the passage of the Family and Medical Leave Act (FMLA) during President Bill Clinton’s first few weeks in office.

    It took, Lichtman recalls, nearly nine years to enact FMLA.

    “We Americans always like to say that we’re a family friendly nation, but for that to be true, people need to be able to take time off for medical needs without fear of losing their jobs,” she said. “We were vilified at that time as really being social engineers, but today we estimate that FMLA has been used more than a 100 million times and is wildly popular.”

  • February 2, 2012
    BookTalk
    Richard Thompson Ford
    Rights Gone Wrong
    By: 
    How Law Corrupts the Struggle for Equality

    By Richard Thompson Ford, George E. Osborne Professor of Law at Stanford University


    Since the 1960s, the ideas developed during the civil rights movement have dominated American thinking about social justice. Courts and governmental agencies enforce legal prohibitions against discrimination; private businesses and universities follow suit, fashioning their own diversity policies. Even private individuals think about race relations in civil-rights terms: we aspire to the ideal of “colorblindness” and condemn the evils “discrimination” and “bias.” American civil rights legislation has been a model for other nations and the American civil rights movement has inspired important struggles against injustice, such as the South African anti-apartheid movement and the international movement for gay rights.

    When it comes to outright discrimination and overt prejudice, civil rights have been an astonishing success. But today’s most serious social injustices aren’t caused by bias and bigotry. For instance, in the context of race, they stem from segregation — a legacy of past racism but not by and large the result of ongoing discrimination — and the many disadvantages that follow from living in isolated, economically depressed and crime-ridden neighborhoods. In my new book, Rights Gone Wrong: How Law Corrupts the Struggle for Equality, I show that civil rights litigation and activism have hardly made a dent in these formidable obstacles. In fact, civil rights thinking can distract attention from the real problems, emphasizing dramatic incidents that aren’t good examples of the larger injustices.

    Civil rights haven’t been a panacea for the illness of social prejudice, but like a patient who keeps popping pills because the prescription isn’t working, we’re now at risk of an overdose. Civil rights litigation has exploded since the 1970s, far outpacing the growth in civil litigation generally. In 1991 the federal courts heard about 8,300 employment discrimination cases; in 2000 they heard over 22,000. Civil rights laws, properly framed and limited, serve a vital social purpose, but too many civil rights can be as bad as too few, and an overly aggressive civil rights regime can be as destructive as an ineffectual one.

  • January 31, 2012

    by Jeremy Leaming

    Discussion of the nation’s growing economic inequalities inevitably leads some pundits, notably on the Right, to assert that such talk is fueling “class warfare.”

    In his State of the Union address, President Obama spoke to that charge when he raised the need for the nation’s super wealthy to pay more in taxes. “You can call this class warfare all you want,” Obama said. “But asking a billionaire to pay at least as much as his secretary in taxes? Most Americans would call that common sense.”

    But the president’s assertion is unlikely to dissuade conservative pundits from whining about so-called “class warfare” anytime soon.

    Indeed, Media Matters For America has complied research detailing the Right’s obsession with “shouting class warfare,” whenever the president or others, for that matter, delve into discussion of the nation’s economic inequalities. 

    For example after the president’s State of the Union address, Rush Limbaugh claimed that the president’s use of the word “fairness” was “code for class warfare.”

    And likely not surprising, Limbaugh’s theme as Media Matters notes was echoed on Fox News. On the network’s “Fox & friends,” the hosts advocated for the poor to pay income taxes. “Kick in a buck, kick in something!” co-host Steve Doocy cried.

    Although class warfare has long been bandied about by the Right whenever talk of raising taxes on the wealthy occurs, the Occupy Wall Street protests and commentary from several economists and more moderate policy makers have intensified the class warfare rhetoric. Elizabeth Warren who advocated for the creation of the Consumer Financial Protection Bureau has been hit with it for her straightforward discussions of income inequality and the need for the nation’s uber-wealthy to start paying their fair share in taxes.

    As Media Matters notes, however, the Right is likely ramping up its class warfare rhetoric in light of statements from high-profile figures, such as billionaires Warren Buffett and Bill Gates, maintaining that their kind simply don’t pay enough in taxes.

  • January 27, 2012
    Guest Post

    By Hilary O. Shelton, Director, NAACP Washington Bureau & Senior Vice President for Advocacy and Policy


    In January, communities throughout the United States join together to commemorate the life and contributions of the Reverend Dr. Martin Luther King, Jr.  It is around Dr. King’s birthday when many schoolchildren embrace the Civil Rights Movement, recite parts of Dr. King’s “I Have a Dream” speech, and truly understand that they can be whatever and whomever they want to be.  

    Most of us know the tragic tale of Dr. King’s assassination on April 4, 1968, but far too many people don’t know that Dr. King’s final legislative victory is one of his most enduring but largely ignored achievements.  Much of his work during the Chicago Freedom Movement in 1966 was an initiative to ensure just and equal access to quality housing for African-Americans. Dr. King’s historic march in Marquette Park laid the groundwork for our nation’s fair housing laws.  One week after Dr. King’s death, Congress passed the federal Fair Housing Act, a law that protects us from discrimination in housing based on race, religion, color, sex, national origin, familial status and disability. 

    The Fair Housing Act codifies the affirmative responsibility to end segregation and promote integration throughout the United States.  The National Fair Housing Alliance’s (NFHA) issue brief released this week by ACS, “The Promise of the Fair Housing Act and the Role of Fair Housing Organizations,” discusses Dr. King’s quest for fair housing and how fair housing organizations do their part to keep The Dream alive. 

    Today, the Fair Housing Act is a well-crafted tool that must continue to be sharpened in a nation that continues to grow and diversify.  Census projections indicate that in less than 30 years, our nation will be made up mostly of people of color. Yet, the nation our children grow up in today remains strikingly similar in some respects to the nation Dr. King was trying to change.  At the end of every school day, most children of all backgrounds return to segregated neighborhoods.  In neighborhoods of color, there are significantly fewer opportunities for children to reach their true potential.