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January 25, 2002/12 Shevat 5762, Vol. 54, No. 19
Bill would protect minorities
RABBI ROBERT KRAVITZ
Special to Jewish News
We've just celebrated the birthday of the Rev. Dr. Martin Luther King Jr. with parades, lectures, special programs, newspaper articles and tributes on radio and television. As a civil society we have celebrated our civil rights.
Prior to the enactment of the 1965 Federal Civil Rights laws, prejudice could be (and was) legislated. Today our country is better for the passage of this legislation and for the change in thinking it prompted.
Problems do, however, arise as times change. The Arizona Civil Rights Act enacted in 1965 has, with minimal modifications, stayed the same since the 20th century. Now is the time to update our state statutes.
Civil rights laws in Arizona contain a patchwork of inconsistent or inadequate relief for those whom they are intended to assist. Further, Arizona's employment discrimination law is not consistent with federal employment law.
As supporters of civil rights, we need to work together to urge passage of House Bill 2342 to remedy these problems.
HB 2342 would add mental disability as a protected class to Arizona's employment law. Did you know that we Arizonans have the unique yichus (relationship) of being in the company of Mississippi and Alabama as the only states that do not provide employment protection for people with mental disabilities?
Next, HB 2342 will add the new class "Sex" to our public accommodations law, providing equal access to services to both men and women. It was not so long ago that we Jews were an excluded class, or were told that hotels and other places of public accommodation had "no vacancies." This is not a bill just for "them." It strikes to our core as Jews.
Additionally, for employers with 15 or more employees (consistent with federal law), HB 2342 would allow for a jury trial and compensatory and punitive damages for victims of employment discrimination. This would assist those who are victims of discrimination in their job setting.
Finally, HB 2342 would afford greater relief for people who experience discrimination in voting and public accommodations. Arizona's 1965 civil rights laws provide only for a $300 penalty for violators. Then, only an administrative hearing is available prior to going to court.
Under HB 2342 the state attorney general could act against these types of egregious violations and seek up to a $5,000 penalty for each incident.
We have the opportunity to change the civil rights laws to comport with federal law. We have the challenge before us to update our Arizona civil rights laws to ensure that the victims of these employment and public accommodation violations are given relief for their proven claims of discrimination.
Ours is the responsibility to ensure that the needs of the minority (of which we are an integral part) are protected, along with the concerns of the majority. HB 2342 will protect us all and will make the words of King a reality also in the 21st century.
Rabbi Robert Kravitz is the executive director of the Arizona chapter of the American Jewish Committee.
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