Luis Anglero Jr., Al Sharpton & Ferguson / Safe Work Environment Act Report

Luis Anglero Jr., Al Sharpton & Ferguson / Safe Work Environment Act Report

This column appears in the December 18 – 24 edition of the Hartford News… Criminal charges against police brutality victim Luis Anglero Jr. were dropped last week. Luis was the victim of a barbaric taser attack by Hartford Police detective Shawn Ware that was caught on video, but Ware was cleared by an internal HPD ‘investigation’. As nationwide protests continue in response to the extrajudicial killings of Mike Brown, Eric Garner and Tamir Rice, Luis’ case is yet another example of the need to dismantle the system that protects the police from being held accountable for brutality and murder. Luis should never have been charged in the first place and Ware should have been charged with assault. This is not a time for celebration: the system that victimized Luis twice is still in place and inflicting pain and terror on people of color in this city as you read these words. I have spoken to North Hartford mothers and grandmothers who told me horrific tales of their children/grandchildren being brutalized by the police, but these residents are terrified of coming forward because they rightfully fear that their loved ones will face retaliation from cops in the streets. The only reason that Luis’ case drew attention is because it was caught on tape. He must now deal with the trauma and fear of knowing that he can be attacked by the police and NOTHING will be done to hold them accountable.

The United Nations Committee Against Torture recently released a report slamming the United States for its failure to address police brutality and murder. http://www.democracynow.org/2014/12/3/united_nations_panel_slams_us_record Last week Democracy Now! reported on the record of criminal convictions against the New York Police Department. “According to the New York Daily News, NYPD officers have killed at least 179 people over the past 15 years. Of those 179 incidents, only three led to an officer indictment, and only one led to a conviction. For that one conviction, the officer served no jail time.” We cannot pray our way out of the state sponsored violence against Black people in the U.S. The Community Party will introduce our Trayvon Martin Act (written by Mary Sanders) in 2015. https://hendu39.wordpress.com/2014/07/21/community-party-trayvon-martin-act-bill-language/ Rep. Matt Ritter’s racial profiling bill, which will also be introduced during the session, will include our traffic stop receipt provision. https://hendu39.wordpress.com/2014/10/23/rep-matt-ritters-essay-on-his-2015-legislative-objectives/ Check out our Resources section for Black Agenda Radio and The Real News Network reports on President Obama surrogate and former FBI informant Al Sharpton’s attempt to hijack the Ferguson movement with his Farce on Washington last weekend. Here’s an excerpt from the BAR report. “Dr. Marsha Coleman-Adebayo, the noted whistleblower and activist with Hands Up Coalition DC, said the Sharpton rally was an attempt to co-opt the growing movement. ‘The Obama administration has used a surrogate, Rev. Al Sharpton, to help corral that kind of energy and those kinds of issues back into the political system where those kinds of passions can die an unnatural death.’ ” TRNN interviewed Ferguson youth activist Erika Totten and other protestors.

Sen. Gary Holder-Winfield will introduce the Community Party’s Safe Work Environment Act in 2015. https://hendu39.wordpress.com/2014/04/06/coming-in-2015-safe-work-environment-act/

In the coming months we’ll share information on the legal aspects of workplace bullying. Workers must educate themselves about the law in order to empower themselves. A study found that 15% of total adult suicides in the U.S.are related to abusive workplace conduct, which the Department of Health and Human Services says is the equivalent of domestic violence. http://www.weeklystandard.com/blogs/hhs-workplace-bullying-domestic-violence_764508.html

This week we’ll share Part 2 of a three-part series from the Undercover Lawyer website (http://www.undercoverlawyer.com/) on the definition of a hostile workplace environment.

*****

What is the Definition of a Hostile Work Environment? (PART 2 of 3)

August 24, 2011 By UndercoverLawyer 1 Comment

A Bully Boss Can Turn What Was Once a Great Work Place into a Hostile Work Place

Step One to Fighting Back: Understand Employment At-Will

In a previous post, a 52 year old nurse, Lenora, felt sick and distressed about the hostile work environment her new supervisor (and former co-worker) was subjecting Lenora to. The new supervisor and head nurse, Michelle, was acting like a tyrant, but only toward Lenora and not the other nurses. Feeling alone and dreading going into work, Lenora stayed home and called her brother-in-law, a corporate employment lawyer named Curt.

Curt explained that an illegal hostile work environment has to be based on a protected class like race, religion, national origin, gender, disability or age.

Lenora was even more despondent, because she and Michelle were both women, so Lenora doubted the law would protect her. In Lenora’s mind, Michelle was simply “out to get me.”

Don’t Quit Your Job Before You Learn the Exceptions to Employment At-Will
Curt met Lenora for lunch near his downtown office. “So you don’t I should just quit before she fires me?” Lenora said to Curt as she pulled a chair up to their table.

“Not at all,” said Curt. “I’ve been thinking about your situation, and I think you just may be in a protected class. Now you are both women, and nursing is still a predominately female profession, so your gender won’t work. I know you’re 52. How old is this awful person Michelle?”

“She’s in her mid 30’s I’d say. I think she’s 34. This whole Head Nurse title has really gone to her head.”

“Well, how many other nurses are there over 40 years old that Michelle supervises?” said Curt.

“Just me and Clara. Clara’s about to quit though,” said Lenora.

“Why is she about to quit?”

“Because Michelle cut her hours back and gave Clara all nights on every schedule since becoming Head Nurse. Clara needs to be working days so she can watch her grandson at night.”

“Lenora,” said Curt, “has it occured to you that this 30-something boss of yours has a big problem with employees who are older than she is, and that’s why she’s out to get you and Clara?”

“I hadn’t. I just thought she had it in for me. But you’re right. It could be age. But why do we have to diddle around with this protected class business? So what if it’s not illegal, what she is doing is wrong. I’m going to turn her in to human resources.” Lenora smiled to herself at the thought of Michelle getting called into H.R. to explain the reason for her unfair attacks.

“Lenora,” Curt said, “Human Resources will side with Michelle. They will tell you nothing is wrong. They will spin the whole situation around make it about your job performance.”

“That’s impossible,” said Lenora, “what that bitch is doing is so obviously unfair. She’s going to ruin the whole place for everyone. How could they try to make it about me? I do a good job. I always have.”

“It’s good that you’ve always done well there. That will help,” said Curt. “But you have to understand that H.R. is not concerned about making sure that Michelle treats you ‘fair’. The law doesn’t require ‘fair’ and they know that. It may sound strange, but the law doesn’t guarantee that your boss treats you nice, or fair, or even respectful. Michelle can terminate you right now, for any reason she wants, or for no reason at all.”
Learn to Look for Exceptions to Employment At-Will That Can Apply to You

Learn to Look for Exceptions to Employment At-Will That Can Apply to You

Employment “At Will” Means Employment “At Whim”

“I hate lawyers” said Lenora. “Where do you get this crap?”

“Listen” said Curt, “I know it sounds harsh, but employment at-will is the starting place for all employment law in the United States. It means that an employer can terminate any employee at any time for any reason, even a bad reason or no reason, just so long as it’s not an illegal reason. In other words Michelle could let you go on a whim, and there’s nothing illegal about it. She could let you go for a ridiculous reason like you were one minute on a day there was a major traffic accident right in front of you on the way to work. Or she could fire you because you use the word ‘fabulous’ too much.”

“I hate that word,” said Lenora. “Michelle says it a lot.”

“Yes, well the point is that she could terminate you for any conceivable idiotic reason, or she could just walk up to you and say ‘your fired’ for absolutely no reason at all. And it would be perfectly legal.

“Well that sucks” said Lenora. “And that’s stupid. No one gets fired for no reason at all. There’s always a reason. And it’s usually because the person screwed up or is lazy.”

“Well I agree with you,” said Curt. “But there is an exception to employment at will that makes a bit of sense. And that is, Michelle can’t fire you for an illegal reason. That’s why I brought up age discrimination. Firing someone because of their age is illegal. Age is a protected class that you might be able to use here to protect yourself.”

“So Curt, you are telling me that little bitch Michelle could fire me on a whim, for no reason what so ever, and the law says she is in the right. But if she fires me because I’m older than her, the law says I’m in the right?”

“Right. But listen, I can tell you how to use age to protect yourself. You can fight back against Michelle. You just have to drop the notion that you are going to get her in trouble for being “unfair” and accept that you have to get her in trouble for doing something that looks to outsiders like age discrimination. I have to get back to the office, but we can talk on the phone later if you want. I’ll tell you more about protected classes, the ‘illegal reasons’ for terminating an employee.”

“Okay Curt, let’s talk later. But I still don’t like this. I want to take Michelle on, head on, and get her in trouble for how she’s ruining my career that I’ve worked so hard for.”

“Don’t do it,” said Curt. “Just trust me. You don’t want to take this to H.R. yet. Let me explain protected classes first and then you can really fight back, with the law on YOUR side.

*****

Follow CP on Twitter @CommunityParty1 for state, national and global headlines and updates on the Trayvon Martin, Safe Work Environment and Jane Doe Acts. Visit our No Sellout blog for the archive of CP Hartford News columns ( https://hendu39.wordpress.com/) and Northend Agent’s for selected columns. http://www.northendagents.com/ Check out the CP Facebook page. https://www.facebook.com/CommunityPartyAction Listen to WQTQ 89.9 FM for CP’s public service announcement on our social justice platform. Contact us at 860-206-8879 or samuelssloflo@aol.com

Resources

The Real News Network – Al Sharpton – Led March Alienates Youth Activists:

http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=12829

Black Agenda Radio report on Al Sharpton’s Farce on Washington:

http://blackagendareport.com/node/14567

first and then you can really fight back, with the law on YOUR side.

*****

Follow CP on Twitter @CommunityParty1 for state, national and global headlines and updates on the Trayvon Martin, Safe Work Environment and Jane Doe Acts. Visit our No Sellout blog for the archive of CP Hartford News columns ( https://hendu39.wordpress.com/) and Northend Agent’s for selected columns. http://www.northendagents.com/ Check out the CP Facebook page. https://www.facebook.com/CommunityPartyAction Listen to WQTQ 89.9 FM for CP’s public service announcement on our social justice platform. Contact us at 860-206-8879 or samuelssloflo@aol.com

Resources

The Real News Network – Al Sharpton – Led March Alienates Youth Activists:

http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=12829

Black Agenda Radio report on Al Sharpton’s Farce on Washington:

http://blackagendareport.com/node/14567

Margaret Kimberley – Don’t March with Sharpton:

http://blackagendareport.com/node/14564

Malcom X Grassroots Movement report on the extrajudicial killing of Black people:

http://www.operationghettostorm.org/

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