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The Forum > General Discussion > Discrimination? The American solution

Discrimination? The American solution

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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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