Is Iowa Discriminating
A class action lawsuit has been filed against the state of Iowa and it alleges black workers are being discriminated against. To date, there are thirty two plaintiffs who've filed, though lawyers say that number will likely increase and Judge Robert J. Blink ruled that even if the number doesn't grow, it still constitutes as a class action suit.
We asked A. Harrison Barnes, attorney and LegalAuthority.com founder, what the lawsuit was about. He said the plaintiffs are saying Title VII of the Civil Rights Act of 1964 has been violated. The suit says that "racial bias in the state's hiring and promotion system – stemming in part form the state abandoning its affirmative action obligations creates hurdles in the form of shifting, subjective standards and known discriminatory selection criteria". Further, the suit accuses the state of placing "astronomical odds" against blacks seeking equal opportunities.
The plaintiff's attorney, Thomas Newkirk of Newkirk Law Offices, located in Des Moines, Iowa, is seeking on behalf of his clients past and future wages, compensatory damages and legal fees. Further, he wants the state to put safeguards in place that would eliminate future discrimination. The state, in a statement released through the attorney general's office, is denying all of the charges but that the class action status will allow it to focus on one single suit versus several small ones. The LegalAuthority.com founder says this will keep the focus tight and the proceeding streamlined.
A. Harrison Barnes says this is just the latest of lawsuits Iowa has faced in recent years. In 2009, a man filed a discrimination suit against the University of Iowa's Law School and says he was not hired, despite an "impressive academic and professional record", because of his age. That case has not yet been settled.
The Civil Rights Act of 1964 precludes any form of discrimination related to employment based on an individual's race, color, religion, sex or national origin. Since this was enacted, every decade sees a one hundred percent increase in the number of discrimination lawsuits filed in the country – and the number continues to rise. Even more alarming is the number of hate groups that continue to grow in the U.S. According to the Southern Poverty Law Center, in 2000 alone, these groups increased by at least ten percent. Further, the wage gap between men and women managers widened between 1995 and 2000 for seven out of ten industries. Finally, Iowa is not the only government agency that's been sued for similar allegations. In 2002, the Social Security Administration agreed to pay millions to settle a lawsuit filed by more than 2,200 black male employees who were discriminated against for both their race and sex.
The trial against Ohio is tentatively set for September 12, 2011. In the meantime, the attorneys continue to anticipate more plaintiffs will continue to come forward.
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