Recently in Worker Rights
H.R. 3721 corrects the unnecessary lawmaking of the Supreme Court. H.R. 3721 overturns Gross and restores the law to what it was prior to the decision, by allowing older workers to prove age discrimination by showing that age was a motivating factor in the decisions made by their employer, but not necessarily the sole factor.
Protections against age discrimination are especially important to workers who may be facing layoffs in an uncertain economic climate. The court’s ruling specifically means that victims of age discrimination face a higher legal burden of proof than those alleging race, sex, national origin or religious discrimination.
Witnesses:
- Gail E. Aldrich » Member AARP Board of Directors
-
Eric Dreiband »
Former General Counsel of the U.S. Equal Employment Opportunity Commission
Partner
Jones Day Law Firm -
Michael Foreman »
Clinical Professor and Director of the Civil Rights Appellate Clinic
Dickinson School of Law
Penn State University University Park, PA - Jack Gross » Plaintiff in Gross v. FBL Financial Services Des Moines, IA
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In November 2008, after three years of organizing, the California Public Employment Relations Board certified the post-doctorial scholars union at the University of California. Despite this, the University of California system and the post-doctoral scholars, represented by the UAW, have been unable to reach a first contract.
Witnesses:
- Honorable John Burton » Former Member of the United States Congress and former President Pro Tempore of the California State Senate
- Dwaine Duckett » Vice President for Human Resources University of California
- Dr. John-Paul Ferguson » Assistant Professor Stanford University Graduate School of Business
- Bradley W. Kampas » Attorney Jackson Lewis LLP San Francisco CA
- Mr. Mike Miller » International Representative United Auto Workers
- Dr. Ludmila Tyler » Postdoctoral Researcher Plant and Microbial Biology Department University of California at Berkeley
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Among other provisions, the Protecting America’s Workers Act (H.R. 2067) and proposed changes to legislation, would update workplace whistleblower protections by mirroring other modern whistleblower statutes, such as the Consumer Product Safety Improvement Act. The bill would also ensure that victims and their families are kept informed about investigations of fatalities and incidents involving serious injuries or illnesses.
Witnesses:
- Jordan Barab » Deputy Assistant Secretary of Labor for Occupational Safety and Health Washington, D.C.
- Lloyd B. Chinn » Partner Proskauer Rose LLP New York, New York
- Tonya Ford » Niece of Robert Fitch, a worker killed at an Archer Daniels Midland plant Lincoln, Nebraska
- Neal Jorgensen » whistleblower formerly employed at Plastic Industries Preston, Idaho
-
Dr. Celeste Monforton »
Assistant Research Professor
Department of Environmental and Occupational Health The George Washington University Washington, D.C. - Dennis J. Morikawa » Morgan, Lewis & Bockius LLP Philadelphia, Pennsylvania
- Lynn Rhinehart » General Counsel AFL-CIO Washington, D.C.
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The Public Safety Employer-Employee Cooperation Act of 2009 would provide basic labor protections for state and local public safety workers. Identical legislation passed the House of Representatives in 2007 on a bipartisan vote of 314 to 97.
Witnesses:
- Chuck Canterbury » National President Fraternal Order of Police
- Ellis Hankins » Executive Director North Carolina League of Municipalities Raleigh, N.C.
- Mayor David S. Smith » Lancaster, Ohio
- Doug Stafford » Vice President National Right to Work Committee Arlington, Virginia
- Douglas L. Steele » Partner Woodley & McGillivary Washington, D.C.
- Jim Tate » Firefighter and President Fort Worth Professional Firefighters Fort Worth, Texas
- Marshall Thielen » Police officer and President of the Fairfax Coalition of Police and Vice President of Region 10 International Union of Police Associations Fairfax, Virginia
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At least 50 million American workers currently do not have access to paid sick leave, many in lower-wage industries that have direct contact with the public such as food-service, hospitality industry, schools and health care fields. The Centers for Disease Control estimates that a sick worker will infect one in ten co-workers. As a result, the CDC and other public health officials have advised employers to be flexible when dealing with sick employees and to develop leave policies that will not punish workers for being ill.
On November 3, U.S. Rep. George Miller (D-CA), chairman of the committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, introduced the Emergency Influenza Containment Act (H.R. 3991). The temporary legislation will guarantee up to five paid sick days for a worker sent home or directed to stay home by an employer for a contagious illness, such as the H1N1 flu virus.
For more information on the bill, click here.
Witnesses:
- Dr. Georges Benjamin » Executive Director American Public Health Association
- A. Bruce Clarke » President and CEO Capital Associated Industries
- Debra Ness » President National Partnership for Women and Families
- Dr. Anne Schuchat » Assistant Surgeon General of the United States, and the Director of National Center for Immunization and Respiratory Diseases Centers for Disease Control and Prevention
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The Employment Non-Discrimination Act (H.R. 3017), introduced by Rep. Barney Frank (D-MA), would prohibit employment discrimination, preferential treatment, and retaliation on the basis of sexual orientation or gender identity by employers with 15 or more employees. Currently, it is legal to discriminate in the workplace based on sexual orientation in 29 states and in 38 states based on gender identity.
Witnesses:
- U.S. Rep. Tammy Baldwin (D-WI) »
- U.S. Rep. Barney Frank (D-MA) »
- Hon. Stuart J. Ishimaru » Acting Chairman U.S. Equal Employment Opportunity Commission
- William Eskridge » John A. Garver Professor of Jurisprudence Yale Law School
- Vandy Beth Glenn » fired from her Georgia state legislative job when she told her supervisor she was transitioning from male to female
- Camille Olson » Partner Seyfarth Shaw LLP
- Craig Parshall » Senior Vice President and General Counsel National Religious Broadcasters Association
- Rabbi David Saperstein » Director The Religious Action Center
-
Brad Sears »
Executive Director
Williams Institute
UCLA School of Law
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Congress passed the Occupational Safety and Health Act in 1970 with the goal of assuring safe and healthful working conditions to all American workers. Nearly 40 years later, while workplace health and safety has improved, many workers remain at risk of death, injury or illness while on the job.
Witnesses:
- Rebecca Foster » stepmother of Jeremy Foster who died as a result of a workplace safety violation Danville, Ark.
- Lawrence P. Halprin » Partner Keller and Heckman LLP
- Margaret Seminario » Safety and Health Director AFL-CIO
- David Uhlmann » Professor and Director of Environmental Law and Policy Program University of Michigan Law School
Witnesses:
- Mr. Jose Luciano Sanin Vazquez » Escuela Nacional Sindical Medellin, Colombia
- Ms. Yessika Hoyos » Bogota, Colombia
- Dr. Jose Nirio Sanchez » Bogota, Colombia
- Ms. Maria McFarland » Senior Researcher Human Rights Watch Washington, DC
- Mr. James M. Roberts » Research Fellow for Economic Freedom and Growth The Heritage Foundation Washington, DC
Witnesses:
- Donna Dolan » Chair New York State Paid Family Leave Coalition New York, New York
- Julienne Condos » Director of Program & Development for Rehabilitation St. Charles Hospital Rocky Point, New York
- George Blekas » Outside Field Technician Verizon Manorville, New York
- Barbara Wankoff » Director of Workplace Solutions KPMG Montvale, New Jersey
Witnesses:
- Kathryn Gibney » Principal San Pedro Elementary School San Rafael, California
- Janet Murguia » President National Council of La Raza
- Simon Romo » Chief Counsel New Mexico Child Protective Services
-
James Spero »
Acting Deputy Assistant Director
Office of Investigations U.S. Immigration and Customs Enforcement
Witnesses:
- The Honorable Leon R. Sequeira » Assistant Secretary for Policy U.S. Department of Labor Washington, DC
-
William L. Carlson, Ph.D. »
Administrator
Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor Washington, DC - Bruce Goldstein » Executive Director Farmworker Justice Washington, DC
- Javier Riojas » Attorney/Branch Manager Texas RioGrande Legal Aid Eagle Pass, Texas
- John Young » Past Executive Director New England Apple Council Goffstown, New Hampshire
-
Dr. Andrew Sum »
Director/Professor
Center for Labor Market Studies
Northeastern University Boston, Massachusetts - Bill Beardall » Director Equal Justice Center Austin, Texas
The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on the federal Occupational Safety and Health Administration’s lack of adequate enforcement and oversight of workplace safety and health conditions within large, multiple-facility corporations.
Witnesses explored events at the Cintas Corporation, the largest uniform supplier in North America. In 2007, a worker died at the company’s Tulsa facility despite previous evidence, known to both OSHA and Cintas, of similar hazards at other Cintas facilities and industrial laundries. The death resulted in the largest service sector fine in OSHA’s history and was followed by additional citations of similar problems at other Cintas facilities.
Witnesses:
-
Randy Rabinowitz »
Member
American Bar Association Occupational Safety and Health Law Committee - Ron Taylor » Partner Venable LLC
- Emmanuel Torres » Son of Eleazar Torres-Gomez who died at Cintas’s Tulsa facility in 2007
-
Frank White »
Senior Vice President
Head of Health, Safety, and Environmental Practice ORC Worldwide
Witnesses:
- The Honorable Victoria Lipnic » Assistant Secretary for Employment Standards U.S. Department of Labor Washington, D.C.
-
The Honorable Pat Schroeder »
Former U.S. Representative (D-CO)
Original sponsor of the Family and Medical Leave Act Washington, DC - Chante Lasco » New Mother Easton, Maryland
- Jennifer Hunt » Airline Attendant Richmond, Virginia
- Brenda Cossette » Testifying on behalf of the Society for Human Resource Management Alexandria, Virginia
- Debra Ness » President National Partnership for Women and Families Washington, DC
Witnesses:
-
Frank A.S. Campbell »
Senior Counsel
Office of Legal Affairs United States Department of Justice - Floyd Clarke » Vice President MacAndrews & Forbes Holdings, Inc.
- Joe Ricci » Executive Director National Association of Security Companies
- Donna Uzzell » Chairwoman National Crime Prevention and Privacy Compact Council
- Mark deBernardo, Esq. » Jackson Lewis, LLP
- Weldon Kennedy » Vice Chairman Guardsmark, Inc.
Witnesses:
- Jamie Leigh Jones » Former Halliburton Employee San Diego, California
- John Alchevsky » Chief Volunteer Fire Company #1 Jackson Township, New Jersey
- Mark de Bernardo » Partner Jackson Lewis, LLP
-
Michael Foreman »
Co-Chair
Employment Discrimination Task Force Leadership Council on Civil Rights - Kathryn Piscitelli » Member Egan Lev & Siwica, P.C.
- Alfred Robinson, Jr. » Shareholder Ogletree Deakins
- Michael Serricchio » Retired Sergeant Air Force Reserves Stamford, Connecticut
- Philip Stittleburg » Chairman National Volunteer Fire Council Denver, Colorado
- George Wood » Employment Specialist Attorney Littler Mendelson
- The Honorable Carolyn McCarthy » U.S. Congresswoman Fourth District of New York
Zainab Al-Suwaij »
Executive Director
American Islamic CongressRichard Foltin »
Legislative Director and Counsel
American Jewish CommitteeJudy Goldstein
Speech Therapist
Lakewood, New JerseyMichael Gray »
Labor & Employment Partner
Jones DayHelen Norton »
Associate Professor of Law
University of ColoradoJames Standish »
Director of Legislative Affairs
Public Affairs and Religious Liberty Department
Seventh-day Adventist ChurchItems Submitted for the Record
HR Policy Association Statement »
Witnesses:
-
Hon. Steny H. Hoyer (D-MD) »
Majority Leader
U.S. House of Representatives
Chief Sponsor of H.R. 3195 - Andrew Imparato » President and CEO American Association of People with Disabilities
- Carey McClure » Plantiff in ADA Lawsuit v. General Motors
- Robert L. Burgdorf » Professor of Law University of the District of Columbia
-
David K. Fram, Esq . »
Director
ADA & EEO Services
National Employment Law Institute Washington, DC
Witnesses:
- Robert J. Battista » Chairman National Labor Relations Board
- Wilma B. Liebman » Member National Labor Relations Board
- Professor Matthew W. Finkin » Harno-Cleary Chair in Law University of Illinois
- Feliza Ryland » Former Employee of Grosvenor Resort Orlando, Florida
-
Charles Cohen »
Partner
Morgan, Lewis, Bockius, LLP
Former Member (1994-96) National Labor Relations Board Washington, DC - Jonathan P. Hiatt » General Counsel AFL-CIO Washington, DC
Witnesses:
-
Craig Becker »
Attorney for Evelyn Coke
Association General Counsel Service Employees International Union - Manuela Butler » Home Health Care Worker Brooklyn, New York
- Henry Claypool » Washington Office Director Independence Care Systems
- William A. Dombi » Vice President for Law National Association for Home Care
- Alfred B. Robinson, Jr. » Shareholder Ogletree Deakins LLP
- Dorie Seavey » Director of Policy Research The Paraprofessional Healthcare Institute
Witnesses:
- Honorable Christopher Dodd » U.S. Senator for the State of Connecticut
- Honorable Hillary Rodham Clinton » U.S. Senator for the State of New York
- Honorable Darrell Issa » U.S. Representative for the 49th District of California
- Sarah Wade » Chapel Hill, North Carolina
-
Jessica Perdew »
Deputy Director
Government Relations National Military Family Association Alexandria, Virginia - Christine Vion-Gillespie » Society of Human Resource Management Cary, North Carolina
- Debra L. Ness » President National Partnership for Women & Families Washington, D.C.
Witnesses:
- Congressman Barney Frank 4th Congressional District of Massachusetts
- Congresswoman Tammy Baldwin » 2nd Congressional District of Wisconsin
- Congressman Emanuel Cleaver » 5th Congressional District of Missouri
- Michael Carney » Police Officer Springfield, Massachusetts
- Brooke Waits » Dallas, Texas
- Mark Fahleson » Attorney Rembolt Ludtke LLP Lincoln, Nebraska
- Lee Badgett » Research Director Williams Institute at UCLA School of Law Los Angeles, California
- Helen Norton » Associate Professor of Law University of Colorado School of Law Boulder, Colorado
- Nancy Kramer » Founder and CEO Resource Interactive Columbus, Ohio
- Kelly Baker » Vice President of Diversity General Mills, Inc. Minneapolis, Minnesota
Larry Lorber »
Partner
Proskauer Rose
Washington, D.C
Witnesses:
- Paul DeCamp » Wage and Hour Administrator Department of Labor Washington, DC
- Bob Williams » Fed-Ex Employee Berlin, MA
- Sara Stafford » President Stafford Construction Services Inc.
- Christine Walters » Consultant Five L Company Glyndon, MD
- David Socolow » New Jersey Commissioner of Labor
Witnesses:
- Congressman Patrick Kennedy » First District of Rhode Island
- Congressman Jim Ramstad » Third District of Minnesota
-
Rosalynn Carter »
Former First Lady of the United States
Chairwoman Carter Center’s Mental Health Task Force Atlanta, Georgia -
David Wellstone »
Son of Former U.S. Senator Paul Wellstone
Co-Founder
Wellstone Action Saint Paul, Minnesota - Sean Dilweg » Insurance Commissioner State of Wisconsin Madison, Wisconsin
- Amy Smith » Vice President Mental Health Association of Colorado Denver, Colorado
- Steve Melek » Actuary Milliman, Inc. Denver, Colorado
- Neil Trautwein » Employee Benefits Policy Counsel National Retail Federation Washington, DC
- Jon Breyfogle » Executive Principal Groom Law Group Washington, DC
Items Submitted for the Record:
Witnesses:
- Maria McFarland » Principal Specialist on Colombia Human Rights Watch
- Daniel Kovalik, Esq. » Associate General Counsel United Steelworkers
- Edwin Guzman » Former Sergeant National Army, Republic of Colombia
- Francisco Ramirez » President Sintraminercol
- Ambassador Otto J. Reich » President Otto Reich Associates, LLC
Protection and Money: U.S. Companies, Their Employees, and Violence in Colombia »
Subcommittee on Health, Employment, Labor, and Pensions & Subcommittee on Workforce Protections Joint Hearing with the Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight & Subcommittee on the Western Hemisphere
Thursday, June 28, 2007
Witnesses:
- Lilly Ledbetter » Plaintiff in Ledbetter v. Goodyear Former Goodyear Employee
- Wade Henderson » President and CEO Leadership Conference on Civil Rights
- Prof. Deborah Brake » University of Pittsburgh School of Law
- Neal D. Mollen » On Behalf of the US Chamber of Commerce
Witnesses:
- Mary Bauer » Director of the Immigration Justice Program Southern Poverty Law Center Montgomery, Alabama
- James S. Holt » President and Principal James S. Holt & Co., LLC Washington, D.C
-
Ray Marshall »
Former U.S. Secretary of Labor
President Emeritus
LBJ School of Public Affairs University of Texas Austin, Texas - Baldemar Velasquez » Founder and President Farm Labor Organizing Committee (FLOC)
- Jonathan P. Hiatt » General Counsel AFL-CIO AFL-CIO (Statement Provided for the Record)
Witnesses:
- Congressman Dale Kildee » 5th Congressional District of Michigan
- Kevin O’Connor » Assistant to the General President International Association of Firefighters (IAFF) Washington, D.C.
- Wayne Seybold » Mayor Marion, Indiana
-
Paul Nunziato »
Police Officer
NY/NJ Port Authority
Vice President
Police Benevolent Association (PBA) New York City, New York - Professor William Banks » Syracuse University Syracuse, New York
- R. Theodore Clark, Jr. » Partner Seyfarth Shaw, LLP Chicago, Illinois
- Neil Reichenberg » Executive Director International Public Management Association for Human Resources Arlington, Virginia
Witnesses:
- Jeffrey Wigand » Mt. Pleasant, Michigan
- John Simon » Lake Villa, Illinois
- Richard Fairfax » Director of Enforcement Occupational Safety and Health Administration Washington, DC
- Richard Moberly » Assistant Professor University of Nebraska College of Law Lincoln, Nebraska
- Lloyd Chinn » Partner Proskauer Rose New York, New York
- Tom Devine » Legal Director Government Accountability Project Washington, DC
Witnesses:
- Roger King » Jones Day San Diego, California
- Sarah Fox » AFL-CIO Washington, D.C.
- Lori Gay » Salt Lake City, Utah
- Bill Tambussi, Esquire » Cooper University Hospital Camden, New Jersey
Witnesses:
- Catherine Ruckelshaus » New York, New York
- Cliff Horn » A. Horn, Inc. Barrington, Illinois
- John J. Flynn » President International Union of Bricklayers and Allied Craftworkers Washington, D.C.
- Richard R. Shavell » Shavell & Company, P.A. Boca Raton, Florida
Witnesses:
- Panel I:
- Ivo Camilo » California
- Jennifer Jason » Florida
- Teresa Joyce » Florida
- Keith Ludlum » North Carolina
- Panel II:
- Nancy Schiffer » Lawyer AFL-CIO Washington, DC
- Gordon Lafer » Professor University of Oregon
- Harley Shaiken » Professor University of California-Berkeley
- Charles Cohen » Chamber of Commerce Washington, DC
Witnesses:
- Panel I:
- Congresswoman Louise Slaughter » Sponsor of the Genetic Non-Discrimination Information Act (GINA) 28th Congressional District of New York
- Congresswoman Judy Biggert » Lead co-sponsor of the Genetic Non-Discrimination Information Act 13th Congressional District of Illinois
- Panel II:
- Karen Rothenberg » Dean and Marjorie Cook Professor of Law University of Maryland School of Law Baltimore, MD
- David Escher » Former employee Burlington Northern Santa Fe Railroad Reno, NV
-
Harriet Pearson »
Vice President
Corporate Affairs and Chief Privacy Officer IBM Corporation Washington, DC -
Burton J. Fishman »
Partner
Fortney Scott LLP
Genetic Information Nondiscrimination in Employment (GINE) Coalition