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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (June 21, 2002)
>une 21. 2002- 125 ü f M i u m news m is s ja s m in e ruthdotter listener • negotiator • edu cator • hom e ow ner • realtor CALIFORNIA n a decision with important implications for peo ple with HIV and other disabilities, the Supreme Court sided June 10 in significant part with employ ers in the case of Chevron v. Echazabal. T ie central issue was whether employers may deny positions to people with a disability when the disability makes the job harmful to their health. However, acknowledging the exis tence of expert testimony refuting Chevron’s position, the decision leaves for the trial court the issue of central importance to Mario Echaz abal: whether he is qualified to perform the job. Echazabal worked for various contractors at Chevron’s oil refinery in El Segundo from 1972 until 1996. In 1995, when he sought to work directly for Chevron, he received a job offer that later was withdrawn when a pre-employment medical test revealed a liver abnormality. Chevron’s reflexive reaction to Echazabal’s condition, which later was diagnosed as chronic hepatitis C, was suspicious. The evidence indi cated any chemicals hazardous to him would he dangerous for other workers. Expert investigation revealed nothing related to the refinery job that would endanger Echazabal, who had worked for years doing the type of work involved without any negative effect on his health. Chevron also argued in court that allowing him to become an employ ee would increase the cost of workers’ com pensation benefits and undermine employee morale. I Calvin Burdine ishment for gays than for straights. “Sending a homosexual to the penitentiary certainly isn’t a very' had punishment for a homosexual, and that’s what he’s asking you to do,” he said. “While a judge and jury weighed whether Calvin Burdine should live or die, his court- appointed lawyer slept,” said Diann Rust- Tierney, A C LU Capital Punishment Project director. “Rather than seeking a fair trial and ensuring that Burdine have the basic represen tation our Constitution guarantees, the state of Texas went all the way to the Supreme Court to *say that a sleeping lawyer was good enough.” Attorneys were pleased that the court declined to intervene. Its refusal to hear this case is both an acknowledgment and a reminder that the death penalty system is rife with prob lems, according to Rust-Tiemey. “The fact that Texas prosecutors can assert that a sleeping lawyer is adequate representation in a capital case is more evidence of a systemat ic problem that should he examined,” she said. “Texas should impose a moratorium on execu tions until this and other fundamental questions of fairness can he addressed.” DELAWARE A new poll released June 6 shows a majority of Delawareans oppose discrimination based on sexual orientation. The data also reveal that eight in 10 voters statewide are in favor of a bill that would provide protection against discrimination in employment, housing, pub lic contracts and public accommodations on the basis of sexual orientation. “The people of Delaware have made their views known, and the time is now to stand up and end discrimination," said Drew Fennell, American Civil Ruth Ann Minner Liberties Union Delaware executive director. “While close to 70 percent of voters believe the nondis crimination hill should he passed, an even higher number believe that a fair vote should take place. Wc urge the state Senate to he as responsible and fair as the people they represent.” The hill passed the Delaware House last year with a 21-20 vote. It is awaiting action in the Senate Small Business Committee, where it has been stalled since a Jan. 28 hearing. If House Bill 99 reaches the full Senate for a vote, it is expected to pass. Democrat Gov. Ruth Ann Minner has said that if it reaches her desk she will sign it into law. Delaware then would join the District of Columbia and 12 other states that prohibit discrimination based on sexual orientation: California, Connecticut, Hawaii, Massachu setts, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, Rhode Island, Ver mont and Wisconsin. The poll was conducted in May. L esbian Assem- b 1 y w o m a n Christine Kehoe introduced a bill June 13 to prohibit state agencies from contracting with businesses that dis criminate in the benefits offered to employees’ spouses as compared to employee’s domes tic partners. The legislation is close Christine Kehoe ly modeled on San Francisco’s landmark Equal Benefits Ordinance. “This bill is about equity in the work place,” said Geoffrey Kors, California Alliance for Pride and Equality interim exec utive director. “Two employees doing the exact same job with the exact same qualifica tions should pot be compensated differently simply because one is married while the other is in a domestic partnership. “The state of California recognizes this and has legislated equal treatment for state employ ees. It is now time to extend this equality to the employees of entities that contract with the state. It is simply unacceptable for tax dollars to he spent buying goods or services from compa nies that discriminate.” Kors, who came up with the original idea for the San Francisco ordinance and was instrumental in its passage and implementa tion, believes the effect of this legislation would he enormous. “Considering the number and types of businesses California contracts with, this law could impact hundreds of thou sands of employees,” he said. The San Francisco ordinance has been repli cated by numerous cities including Berkeley, Los Angeles, Oakland and Seattle and has been passed by the county of San Mateo. Assembly Bill 1080 is scheduled for a June 25 hearing before the Senate Judiciary Committee. JF1 Compiled by News Editor J im R apo STA, who can be reached at jim@justout .com. 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