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The Forum > General Discussion > Discrimination? The American solution

Discrimination? The American solution

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Lilly Ledbetter was a supervisor at Goodyear Tire and Rubber’s plant in Gadsden, Alabama, from 1979 until her retirement in 1998.
Men in her plant doing similar work, were paid 15 to 40 percent more.
When she learned about the discrimination she filed suit and was awarded more than $3 million by a jury BUT in a 5-4 decision, the Supreme Court threw out the case, ruling that she should have filed her suit within 180 days of the date that Goodyear first paid her less than her peers

http://www.now.org/issues/economic/070530equalpay.html

Soon women organizations, trade unionists, human rights activists and and progresive politicians start to fight for a new bill which will protect employees from discrimination in workplaces
Speaker Pelosi and Reps. Miller and DeLauro Join Lilly Ledbetter and Civil Rights Leaders to Urge Support on Equal Pay Bills
http://www.civilrights.org/press/2009/ledbetter.html

On a vote of 250-177, the House of Representatives passed the bill (The Lilly Ledbetter Fair Pay Act), which sailed through the Senate 61-36.
Under the Lilly Ledbetter Fair Pay Restoration Act, victims of pay-based discrimination will now have the right to file a complaint to the government within 180 days of their most recent paycheck, as opposed to within 180 days of their first unfair paycheck.
http://www.reuters.com/article/politicsNews/idUSTRE50Q77Z20090127

The Ledbetter Act was the first bill signed into law by Obama.
"There are no second-class citizens in our workplaces and that it's not just unfair and illegal - but bad for business - to pay someone less because of their gender, age, race, ethnicity, religion or disability." said Obama
The new measure also applies to those who seek redress for pay discrimination based on race, religion, disability or age.
http://www.guardian.co.uk/world/2009/jan/30/obama-lilly-ledbetter-equal-pay

In Australia the victims of discrimination must claim their rights WITHIN 6 months of the day the discrimination occurred instead of 6 months from the last payment.
Unfortunatle we are not ready to fight against the discrimination in workplaces.
Americans show us the way to find our rights in workplaces but we do not care very much for women's, and minority's rights.
Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Saturday, 23 May 2009 10:00:55 PM
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A good outcome and good reporting AS a good story and fair outcome too.
But with it you wipe out years decades in fact of the Australian union movement/ labor movements fight for equality and fairness.
We you say have done nothing?, it is true the union movement no longer has the power it once had but it fights still.
It is true that battles today are less noisy than some from the past.
I am aware you, and of others who think my more conservative, openly anti extremist , or even very left views are a weakness.
Not true, unions are still working to undo the damage of radicals, to service members who long ago found they have little in common with true left ideals.
Australians can be proud of past generations of unionists gains and fights won even lost and assured of future ones.
look closely at the workchoices fight, we won , look at the history of the ACTU and the quality of its leadership team.
Look into the leadership roll some of our biggest unions young, extremely so, leaders and know we are in safe hands.
I do know your heart, its a good one but plowing these fields[ Australia] for a socialist utopia is a waste of effort.
Complements on the standard of your post cut and paste?
Posted by Belly, Sunday, 24 May 2009 12:56:25 PM
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Belly
When I say "we are not ready" I mean to change the law from within 6 months from the day the discrimination occurred TO 6 months from the last payment.
When I said "Americans show us the way to find our rights in workplaces but we do not care very much for women's, and minority's rights" YOU UNDERSTAND THAT I speak for the last 3-4 months, the law signed from OBAMA.
Of cause I try to press a little bit! Is this bad. I am interested to change the law, to follow the Americans, they did a dood job about discrimination in workplaces and we should follow them IMMEDIATLY!
Belly if you thing that we are ready to fight LET'S PROVE IT, LET'S START A CAMPANE TO CHANGE THE LAW.
Not only words, I prefer acts!
Americans althought they are more conservatives they changed the law about the discrimination in workplaces.
It is time for changes in Australia too..
I am ready to fight for it!
Are you? If yes, have got any specific suggestions?
Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Sunday, 24 May 2009 2:59:40 PM
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Dear Antonios,

In this country I think that we have the best
working conditions in the world. ( That's probably why
so many people want to come here).

Australia has Federal and State industrial laws, which
set minimum standards for employment. The Workplace
Relations Act 1996, is the main Federal law covering
workplaces in Australia. It includes maternity and
parental leave, equal pay for equal work, generally provides
for minimum wages, annual and sick leave and so forth.

There are State Anti-Discrimination laws already in place
(vary from State to State) they generally are
based on the ground of - age, gender, race, religion, et
cetera. We also have Occupational Health & Safety Laws
that provide a Safe and Working environment.

Compared to other countries - especially
the US - Australia's working conditions are very good
indeed.
Posted by Foxy, Sunday, 24 May 2009 3:04:12 PM
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@Foxy
What do you say?
I can not recognize you!
How a women can know that the man who do the same work with her takes more money from her?
If she learned it late she can not claim her rights, only for the last six months.
Do you know how big is the discrimination in workplaces and how many victims claim their rights?
Do not you that many Australian women paid less from the men for the same work? why they do not claim their rights?
THEY DO NOT CLAIM THEIR RIGHTS BECAUSE THEY DO NOT KNOW THE PAYMENT FROM THE MEN OR MAINLY BECAUSE THEY AFRAID IF THEY CLAIM THEIR RIGHTS THEY WILL LOSE THEIR JOB!
Do not forget that Australia comes first in part time and casual works, where OF CAUSE are working mainly women. They do not have big choices and shut up their mouth.
If we change the law and instead of within 6 months from the time the discrimination occurred we have six months from the last payment THEN ALL WOMEN, AT THE END, WHEN THEY WILL NOT NEED AND SCARE FROM THE EMPLOYER THEY WILL CLAIM THEIR RIGHTS IN THE COURT.
If employers knew, as in America, that they will pay hard if they discriminate against any employee, then they will care to be ok, according to the law.
Foxy, as you found last time I keep a distance from you and others because I started to believe that you are not free to say and do what you want.
I AM FREE I need little time for family reasons but I will fight... I am sure most people are honest and they understand me and many of them will agree that we have to change the law to protect employees from discrimination in worcplaces, as AMERICANS did , even republicans suported this law.
I understand some will speak for a socialist step and other rubish things, but I do not think they will convince many people that democrats or some republicans are socialists.
Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Sunday, 24 May 2009 3:58:46 PM
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Dear Antonios,

I lived and worked in the United States for over nine
and a half years. And there is no comparison to
living and working in Australia. Not only are we
better skilled in this country (more of a generalist
education and training - rather than the extreme
specialisation that goes on in the US), but our
general benefits are far superior. For example, in the
US - after the first year of working with a company -
you got one week's annual leave, and five days sick
leave. After working for two to ten years - you get
two weeks leave and five days sick leave. And after ten
years of working for the company - you got four weeks
long service leave. Compare this to Australian
conditions.

In Australia there are minimum wages set by the Government.
Then there are wage awards for various trades, for job
classifications in Federal, State, and Local Governments.

The trend today is to negotiate with the employer an
acceptable wage - based on the job description and
qualifications required.

For some people - the less negotiated, the longer guarantee
of employment.

I hope this makes sense.
Posted by Foxy, Sunday, 24 May 2009 7:04:59 PM
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Always handy to play the victim card. It would be a bit novel to take up a few responsibilities and contribute to your workplace and country instead of trying to bleed it. This discrimination cry has gone beyond a joke. Grow up a bit and stop thinking the world owes you a living.
Posted by runner, Sunday, 24 May 2009 11:36:10 PM
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AS I note the difference in further posts from you here.
Lets ignore runner that is not worth the time.
Foxy is spot on.
Now reality screams at me to tell you that fight is on, it always has/will be.
But mate you will not like it, many do not like me for it, but extremism and radicals, lie,ers and fraudsters have long ago hurt union brand name

The lights on the hill are no longer a kero lamp, wages and conditions are so good many, far too many, workers take the gains without being part of unions.
The fight for equality began in this country a union fight before you and I where born.
The future fight is going to be forever.
Unions of old could not survive in todays world.
Once just seeing your official by the roadside or on the farm, on the docks or in a factory was enough.
Now workers often take no interest in unions, not because they are not radical, but because they believe they are too radical.
One day if it is possible I may tell the truth about extremist damage done to the brand name union.
Posted by Belly, Monday, 25 May 2009 5:51:54 AM
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Foxy
In this thread we speak for the discrimination in workplaces and how Americans solved this problem. Do you mean that there is no discrimination against women, against migrants, against muslims, against asians, against aged people, against unionists, against homosexuals, against aborigines, against diseble people in workplaces?
Belly
" wages and conditions are so good many, far too many, workers take the gains without being part of unions." If I did know that you are a unionist I will think that you are a top officcer from employer's association! As unionist do you try to write more members or to leave the union. If there are many unionists like you then I know why the union movement is so weak and become weaker.
LASTS YEARS WE HAD A TREMENDOUS ATTACK ON WORKING CONDITIONS FROM THE FROM THE HOWARD GOVERNMENT AND OUR PROBLEMS BECOME EVEN WORST OF CAUSE THE INTERNATIONAL FINANCIAL CRISIS.
Foxy and Belly you are out of touch from the working conditions in Australia.
As you can understand I am with blue colars, women, migrants, labors from religious minorities, aged plabors, unionists, homosexuals, aborigines or disable people.
I AM WITH THE VICTIMS FROM DISCRIMINATION IN WORKPLACES!

runner
I say that American democrats and some republicans found the best solution to fight discrimination in workplaces, let's copy them!

Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Monday, 25 May 2009 9:18:08 AM
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Dear Antonios,

Each of us can only speak from our own
experiences. And, I've told you about my
working experiences in both the United
States and in this country - as far as
working conditions and benefits go.
There's no comparison. Even Americans
that come and work in this country admit
how good it is here.

Discrimination exists in every country.
In this country there are laws in place.
However - discrimination has to be proven.
It isn't enough to generalise and use sweeping
statements - you have to have concrete evidence,
and a solid case,
before anything can be done.
Posted by Foxy, Monday, 25 May 2009 10:23:27 AM
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The difference between the USA and Australia is how Australians lack the ability to instruct their elected representatives.

Indeed in the USA they can even sack them ;-)

Citizen initiated instruction is desirable, indeed IMHO an essential requirement, in order for government to be fully democratic.

Citizen Initiated legislation/referenda are possible in the USA.

Australia's constitution appears to enable this, yet we find great reluctance amongst our representives, our legislators, to accept the supremacy of the people of Australia.

Our legislators are autocrats fearful of losing their current dominance of our legislative process.

The presence of such accountability process in USA is why it rarely is used, for their legislatures and executives prefer avoid outside instruction so become more democratic, more responsive, to views of their citizens.

As such process slow to ensure significant electorate involvement, also giving politicians time to satisfy their electorates. Result is the need to complete usage of the process is reduced.

Re unions.

Union movements do better when addressing issues of interest in the wider community with benefits to more than just their members.

Here our union movements generate their wider moral authority, which they lose often when pursuing their smaller interests.

Issue for union movements is not whether possess power, rather whether their arguments hold moral strength amongst wider community.

Strength is greater when the interests are wider.

.
Posted by polpak, Monday, 25 May 2009 11:27:26 AM
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Foxy,
you send three posts on this thread and you did not understand that I say we must change the Australian law because it does protect the victims from discrimination in workplaces.
Our law "within 6 months" from the day the discrimination occurred is good for employers who victimize their employees but BUT NOT GOOD FOR THE VICTIMS OF ANY KIND OF DISCRIMINATION IN WORKPLACES.
When the American Supreme Court ruled that she should have filed her suit within 180 days of the date that Goodyear first paid her less than her peers" what exactly happened in Australia ," within 6 months" women organizations, trade unionists, migrant organizations, progresive politicians from democratic and republican party fought and change the law, from now in America will have "within 6 months from the last payment". That means employers are responsible for ALL THEIR ACTS AND NOT ONLY FOR THE LAST 6 MONTHS, THAT MEANS EMPLOYEES CAN CLAIM THEIR RIGHTS FROM THE FIRST DAY THEY EMPLOYEED AND NOT ONLY FOR THE LAST 6 MONTHS.
Foxy
Do not tell to me "In this country there are laws in place." I know that! I say to you that THAE LAW ABOUT DISCRIMINATION IN AUSTRALIA IS UNEXEPTABLE and we should change it as the Americans did. I write simple things.

polpak
"Strength is greater when the interests are wider" I agree with you. But you did not write anything about my suggestion to change the law about discrimination in workplaces. I supposed you agree but I prefer it very clear I like the people who are ready to fight for their ideas. Are you?
Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Monday, 25 May 2009 11:39:09 AM
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Dear Antonios,

I'll try to keep it simple for you.

Firstly you've got everything backwards.

Kindly read your own last website - that you
gave us in your opening post about Lily Ledbetter
and her equal pay case that President Obama signed
into law. The website that you gave was taken from
The Guardian tabloid in the UK.

Read it please!

Previously discrimination claims in the US had to
be filed within 180 days of the first offense.
Which meant that file claims could expire before
workers realized they were being treated unfairly.

Under the new law (that President Obama signed) women
now have 6 months after receiving any discrimination
pay cheque. This brings the American law in line with
the 6 month policy of Australian legislation.

What was available in Australia all along, has only
just now been passed in the US.
Basically - it now gives people in the US more time
to lodge their claims.

I hope this clear things up for you.
Posted by Foxy, Monday, 25 May 2009 8:12:37 PM
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Foxy You are WRONG, there is a HUGE differences between the American and Australian law.
In Australia we have various anti discriminations laws the Board can only investigate complaints about events that occurred in the six months immediately before the complaint was lodged or in the best case 12 months immediately before the complaint was lodged.
With Anerican law there are not time limits , when the even occurred,(as in Australia) may be 1 year before or maybe 30 years before, it depends on the last payment from the employer, 6 months before the last payment.
For example in America If I resigned or sucked from my job 4 months before I can go to American court and claim all the money which I lost in the 30 years of cause discrimination.
With the American law "a violation occurs with every paycheck that continues a discriminatory practice", "each new discriminatory paycheck triggers a new 180-day statute of limitations"
Under the bill, the 180-day clock would start ticking when a discriminatory decision is adopted, when a person becomes subject to that decision or when a person is affected by that decision, including with each new paycheck.
The Australian law does not go backward more than 12 months!

ANTI-DISCRIMINATION ACT 1991 - SECT 138
138 Time limit on making complaints
(1) Subject to subsection (2), a person is only entitled to make a complaint within 1 year of the alleged contravention of the Act.
In NSW is 12 months
Amendments to the NSW Anti-Discrimination Act 1977
Time limit extension - Section 89B(2)(b)
Previously, the Board could only investigate complaints about events that occurred in the six months immediately before the complaint was lodged,
Now complainants will have 12 months to lodge a complaint. This brings the ADA into line with Federal legislation administered by the Human Rights and Equal Opportunity Commission.

Time limits
Complaints to the ADB under the ADA = 6 months
Complaints to HREOC under the DDA = 12 months
And Federal 12 months,

Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Tuesday, 26 May 2009 2:38:53 AM
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OK gloves are of AS do not dare tell me I am not unionist or out of touch with workers.
50 years, that,s how long I have worked for a liveing.
Now 63 years old but feeling 40, I started at 13, well yes oldest country sons in big family,s had little choice we needed to eat.
At first a Communist it took only a few years to teach me that was the wrong way.
Socialist for a time, but life learning showed me that name has been blacked and will NEVER be supported by majority.
Union? at 13 starting work at midnight packing lettuce for a 2am trip to markets.
I was sacked, by the bosses wife, she had ordered me to spend my wages on a hair cut and a shirt!
I had other plans, food for my family [half a sugar bag of corned mutton flaps 4 loaves of bread and a small packet of Rothmans for my hero, my dad
Unionists saw me right, that union has been my home ever since, sometimes AS I have been in 3 at once delegate for all.
Elected delegate.
I speak now in terms not aimed at hurting you, the reverse is true.
Extremist, left wing unions, are the reason for falling membership.
Too many say unions are all militant.
Too many never hear the voice of moderation, it comes from workers.
If our case is fair we win without radical action.
Our membership grows most on the bones of extremist unions.
NO not poaching! being told its your union or none Belly, give me a card.
service first second and third but trust and ability to hear membership too not comrade rubbish.
I am away for a day, touring remote country jobs, bet you no one I meet will say I do not understand unions.
See AS I preach no sermons, push no wheel barrow just listen and fix anything I can, being members mate helps.
You do not have to scream to be a unionist till death.
Posted by Belly, Tuesday, 26 May 2009 5:28:27 AM
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Foxy
You are clearly wrong but I am wrong too... I am closer to the truth but I do not write the whole truth, not because I want to lie but because I do not know the truth!
I take the information from jurnalists, or politicians, I trust some of them in some degree. But jurnalists and politicians do not know enouph the legal system, which in really is not a system but a HAOS!
The Australian ant disrimination law (many laws) put time limit to claim your rights, before was 6 months now in most cases changed to 12 months.
The new American anti discrimination law is better than the Australian anti discrimination law because each payment extent the 6 months time limit to claim your rights that means you can claim your rights from a discrimination happened 40 years before.
THE VICTIMS OF DISCRIMINATION MUST HAVE THE ABILITY TO CLAIM THEIR RIGHTS WITHOUHT TIME LIMIT AND EMPLOYERS NUST BE RESPONSIBLE FOR THEIR ACTS.
As I was reading the Lilly Ledbetter story I found "Although it has been rarely commented on, the jury that heard all the facts had awarded Ledbetter three million dollars in damages, but the trial judge cut that amount to only $360,000 because of a limitation that was inserted in the Civil Rights Act of 1991, during the first Bush administration, which put a cap on damages for sex discrimination, regardless of the facts"
This law is an other one which remains unchanged, that means even if a woman go back 50 years the maximum money she can take is $360,000!
What about migrants, aged labors, etc what is the limit for ther and under what law?
Politicians do not know how big and what rubish is in the legal system, ONLY IF THE WHOLE SYSTEM COMBLAY WITH THE BASIC PRINCIPLE OF THE NEW LAW AND IF ALL OTHER LIMITS REMOVED, ONLY THEN WE CAN SPEAK FOR REAL SUCCESS.
SORRY I DO NOT KNOW WHAT LIMITS THERE ARE IN THE AMERICAN LEGAL SYSTEN!
The problem is much more complex than i thought

Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Tuesday, 26 May 2009 11:23:29 AM
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Dear Antonios,

I'm a bit confused as well about all this.

I'm going to have to do much more investigation,
and reading on the subject. As you said - it's
a far more complex issue than we both realized.

Anyway, I'll let you know if I find out anything
useful - and Thanks for raising this issue.
Posted by Foxy, Tuesday, 26 May 2009 2:35:14 PM
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Belly,
The truth is that I was not fair with you but sometimes you bite me! (with the extremist!, I AM NOT!)
Now about the working conditions, I think you are unionist in well paid employees, may be public servands or a closed job with good conditions.
BUT in private sector, in most cases last years the working conditions became worst, not better as you said.
Last years labors are under attack from howard's government, no choice law, from the big problems in many industries of cause the cheap chinese products, many Australian industries closed down or transfered overseas, of cause the indernational financial crisis many employees lost their job or they are under the permanent thread to lose their job, we have new problems of cause the limits physical reasourses as oil etc plus the problems from the climate change.
All these problems have negative effect on the working conditions, on the labors plus the feeling that western countries are on dicline, that china, india are the new economic powers and of cause their very low working costs they will create to us even bigger problems!
I feel bad when a unionist say me we are very good when in realy we are bad and we are going to become worst!
Antonios Symeonakis
Adelaide
Posted by ASymeonakis, Wednesday, 27 May 2009 1:12:09 AM
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