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Tuesday, December 1, 2020

New Jersey Employers Gain Defenses to Fire Certain Workers under Proposed Federal Guidelines


In what is not good news for employees working for religious organizations, a Federal agency, the EEOC, in November issued proposed updated guidelines for its Compliance Manual on Religious Discrimination. These proposed revisions to the Compliance Manual follow case law on religious discrimination, including US Supreme Court opinions such as those issued in the Court’s July 8, 2020 ruling in Our Lady of Guadalupe Sch. v. Morrissey-Berru.

In this


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Tuesday, November 24, 2020

Part VII, the 15th and 24th Amendments, Voter Suppression and Poll Taxes


After the Civil War ended in 1865, some states passed harsh laws that severely limited the rights of black people, segregated them, restricted the kind of property black people could own, including restricting them to only own property within a city limit to prevent them from earning money through farming on their own, forced them into involuntary servitude, and if they escaped they would be arrested. It was not until 1868 that the 14th Amendment attempted to halt the states’ statutes restrictions of rights of  blacks to give them equal protection under the law. However,  it wasn't until the 15th Amendment, ratified in 1870, that states were specifically prohibited from restricting the rights of voters based on race.

The 15th Amendment

The 15th Amendment states:

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Post Civil war period of Reconstruction ended seven years subsequent to the 15th Amendment in 1877.


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Tuesday, November 17, 2020

Part VI, 1936 Green Book: The Black Travelers’ Guide to Jim Crow America and the Freedom Riders


Jim Crow laws and the rise of the KKK in the beginning of the 20th century made any stepping out of Jim Crow culture dangerous. Well into the 20th century, it was dangerous to violate Jim Crow when shopping, traveling or walking in states that had government mandated apartheid.  Even in the North where there was not official government mandated apartheid, Blacks were not spared the discrimination of oppressive Jim Crow culture and faced much discrimination when traveling. Apartheid and Jim Culture flourished in many states well into the 20th century, making a dangerous passage for blacks who veered outside of its neighborhoods and cultural sociological boundaries.

The 1936 Green Book: The Black Travelers’ Guide to Jim Crow America

For three decades, a guide called The Negro Motorist Green Book first published in 1936, provided Blacks with advice on safe places to eat and sleep when they traveled through the  United States.


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Wednesday, November 11, 2020

Part V, Forced Labor and Black Codes Post 14th Amendment


The roots of government ordered apartheid in the United States was not just during slavery but continued beyond the passage of the 13th Amendment which abolished slavery, and apartheid and Jim Crow continued into the 20th century.

Apartheid is a government law, policy, or legal system of segregation or discrimination on grounds of race. Post the 13th Amendment in 1865, apartheid in the US became legally enacted through harsh black codes, Jim Crow laws. 

Three years later, in 1868 after the passage of the 14th Amendment which attempted to stop states’ restrictions of rights of Blacks, apartheid, euphemistically known as “Jim Crow”  nevertheless continued. This government ordered strict-segregation-by-race was established by statutes and ordinances that detailed and limited every aspect of a black person’s life, restricted their civil rights, limited their freedom of movement, where they could walk, prohibited their use of parks and from entering other places.


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Monday, November 2, 2020

New Jersey Employee, I Am Only Minority in My Workplace, Is Lack of Diversity Illegal?


If you are the only minority in a protected class in your workplace, you may wonder if such a lack of diversity is illegal. It is not necessarily illegal. Whether or not it is actionable depends on numerous facts, but one lawsuit has recently been brought against a federal agency to have more transparency in data as to diversity in the workplace, to enable them to identify enforcement priorities as to civil rights in employment. Several States have filed a lawsuit against the Equal Employment Opportunity Commission ( EEOC) over the EEOC’s policy that limits states’ access to employer data on workplace diversity. These states allege that this data is critical for them to be able to enforce discrimination laws by identification of civil rights violations.


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Tuesday, October 27, 2020

Part IV, Post Supreme Court Brown v. Board of Education, Apartheid Continued


It was not until the 1954 that the Supreme Court overturned the Plessy v. Ferguson 1896 decision and the "separate but equal" doctrine, yet government mandated apartheid continued in many states.

Brown v. Board of Education

In Brown v. Bd.


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Tuesday, October 13, 2020

Part III, Apartheid Subsequent to 14th Amendment


For continuity,  you may read about the history of apartheid and Jim Crow laws in the September 22th and October 6th articles.

The 13th Amendment to the Constitution abolished slavery in the United States in 1865. However, government mandated apartheid continued in many states through Jim Crow laws.

The 14th Amendment to the Constitution

Legally enforced segregation by race restricting every aspect of a Black person’s life relegating them to  inferior conditions, education, services and restrictions of their rights, including where to live and their voting rights, continued in many states.

 


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Tuesday, October 6, 2020

Historical Racism Part II, Post Civil War Apartheid and Jim Crow


For continuity,  Part I of this article may be reviewed here.

Post-Civil War: Jim Crow

Following the abolition of slavery, there still existed government mandated segregation by race and oppression due to race across the board. Apartheid, euphemistically known as “Jim Crow” in the United States, began in the 1870's post slavery at the end of the period of Reconstruction. “Jim Crow” laws were government mandated racial segregation in all public facilities in the states of the former Confederate States of America and in some border states and other states. Jim Crow laws were outlawed, theoretically in 1964 with the Civil Rights Act, although some still were in effect.


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Tuesday, September 22, 2020

Historical Racism Part I


Centuries of racial oppression and strife unfortunately have not been eliminated within this 21st century. Persisting cultural racism exists in many of this country’s institutional and business practices including in high-end professional occupations. There is a close proximity in time to the institution of slavery to persons living today. There is an even closer temporal proximity to the the time of “Jim Crow” or government mandated apartheid. Unfortunately, deeply ingrained cultural racial ideology, has a persisting existence in present time despite the passage of Civil Rights Statutes.


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Tuesday, September 15, 2020

My NJ Boss Fires Older Women but Not Older Men


https://www.eeoc.gov/reports/state-age-discrimination-and-older-workers-us-50-years-after-age-discrimination-employment.

Older women may experience more age discrimination in the workplace than men. Sex discrimination and age discrimination go hand-in-hand and are a workplace reality for many older female workers.


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Tuesday, September 8, 2020

My NJ Employer Doesn’t Like My Hairstyle, CROWN Act


Centuries of racial oppression and strife unfortunately have not been eliminated within a few generations. Despite the passage of civil rights statutes making it illegal to discriminate based on race, cultural racism still has a persisting existence manifesting in many of this country’s cultural ideologies and institutional and business practices. The implementation of anti-discrimination statutes often fail when the statute does not list specific examples of such underlying cultural bias. The passage of laws to outlaw cultural bias, which do define specific examples of systemic racism, is helpful to nudge the country forward toward eliminating centuries’ old underlying cultural bias.

One such law to outlaw cultural bias is the CROWN Act, signed by NJ Gov.


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