>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later was withdrawn when a pre-employment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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