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Review of the Arkansas Civil Rights Act of The Arkansas Civil Rights Act of states in part:. This right shall include, but not be limited to:.
The right to obtain and hold employment without discrimination; The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges or any place of public resort, accommodation, assemblage, or amusement; The right to engage in property transactions without discrimination; The right to engage in credit and other contractual transactions without discrimination ; and The right to vote and participate fully Beautiful adult seeking dating Parkersburg the political process.
The opportunity to obtain housing and other real estate without discrimination because of religion, race, color, national origin, sex, disability, or familial status, as prohibited by this chapter, is recognized and declared to be a civil right. During the legislative session, a new section covering housing discrimination was added to the law.
The Arkansas Civil Rights Act of provides some civil rights protections, but the law is not substantially equivalent to federal civil rights laws, and procedures, remedies, and judicial review of actions are not equivalent to those under federal guidelines. The act also lacks an enforcement mechanism. According to officials of the U. The U. The Arkansas Act also does not meet the requirements set forth under the laws and regulations enforced by HUD prohibiting age discrimination in housing, and it fails to have an enforcement mechanism.
According to Judge Wendell L. Griffen of the Arkansas Court of Appeals, the Arkansas Act is not enforced by any state agency with civil rights responsibilities. Claude Rogers said effective civil rights legislation should at a minimum do the following:. Rogers said some states have been progressive in their lawmaking by including discriminatory practices based on income, height and weight, and sexual orientation. In its review of the Arkansas Civil Rights Act, concerns were expressed to the Advisory Committee that the act is not substantially equivalent to federal laws.
Most persons interviewed and participants who spoke or submitted written information for the fact-finding meeting either supported state civil rights legislation and a state enforcement agency or opposed Ladies seeking real sex Hayti Heights. There was not much gray area on this point. This is evident by the defeat of comprehensive state hate crime laws proposed in by the Legislature and the defeat of other efforts to safeguard the human rights of citizens.
Although Governor Mike Huckabee has publicly renounced the practice of discrimination and said his administration is inclusive, a of persons and representatives of organizations such as ACORN, the state NAACP, and Catholic Immigration Services believe the current administration has been generally inactive and dispassionate on civil rights Mtn Caucaia milfs. In the minds of some community representatives, the administration has not gone beyond the acknowledgment that civil rights problems exist, and it has failed to implement the changes needed.
The questions then become, What has the administration done to make its vision of civil rights a reality? What are the different views and pros and cons of establishing substantially equivalent civil rights legislation and a state human rights agency?
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Joe Franklin, who spoke on behalf of the governor, stated:. That day the three of them symbolically held open the doors for nine African American students who had been shut out of that school 40 years earlier. I think today we come to say once and for all that what happened 40 years ago was simply wrong.
It was evil, and we renounce it. Kaplan, in those states with deferral agencies to the EEOC, there has always been a coalition of political forces that enabled such legislation to pass. He said this environment does not exist in Arkansas. He believes there is enough legislation on the books to adequately Housewives looking hot sex NE Verdigre 68783 civil and human rights issues.
He contended that more legislation will only arouse hostility. Moreover, with the exception of employment discrimination, he said, there are very few housing or public accommodations discrimination complaints filed in Arkansas. There are very few lawsuits filed. Most of these things are either mediated or handled at an administrative level at HUD.
The same is true with public accommodations. For example, we know that Sears is not treating somebody who is a customer badly on of race, sexual preference, or gender. Kaplan said that there are other legal and technical factors involved in proving discrimination cases and that plaintiffs would be best served by using federal civil rights laws rather than state laws. Therefore, attorneys are exceedingly selective about the employment civil rights cases they will handle; and some do not take Housewives wants real sex Mapleton Utah 84664 at all.
Relatively few cases are decided for the plaintiff at trial. Kaplan observed that bringing a claim of discrimination at the state level provides no legal advantage or relevant precedent because state judges look to federal law for guidance on civil rights cases.
Kaplan said:. The Arkansas civil rights statute, while it is not self-effectuating, is a very Find sex now Garner Arkansas and comprehensive statute. And if only it were universally loved and adopted, it would make a difference, but I think that there are many places where it could be, I suppose, more effectively enforced and where education might make a difference, where having some discussion in the nature of dialogue on race, that the President has tried to develop, might have some considerable impact.
James W. Moore, an attorney in Little Rock, exclusively represents employers in their defense against employment discrimination charges. A state agency, he said, would be just another unnecessary Naughty housewives wants hot sex Torrance of bureaucracy added to existing federal and state enforcement procedures that are available to persons alleging discrimination. Moore said if legal costs are a concern, plaintiffs may also file an employment discrimination complaint in federal court for a state cause of action based on the Arkansas Act without delay.
In our view we do not feel that there is such a need. The Arkansas business community, which is comprised mostly of employers of less than employees, believes that we do not need another civil rights enforcement authority to protect the employees from workplace discrimination. Department of Justice, the U. Department of Labor, the Arkansas Civil Rights Act ofthe Arkansas Department of Labor, and a very skilled and sizable aggressive Civil Rights Bar, which represents plaintiffs here in Arkansas, which is a relatively small state from a population standpoint.
While lawyers have prospered over the last 30 years with the expansion of civil rights legislation, this is hardly a rationale for another agency in an Local sluts wanting sexy fucks of law which is already saturated with legislation and regulatory agencies.
Moore believes outreach and educational programs for employers are the best approaches to preventing and reducing discrimination in the workplace. Senator Bill Lewellen has been on the forefront calling for statewide civil rights legislation. Consequently, a law was passed that was not substantially equivalent to federal antidiscrimination laws and had many limitations in rights, remedies, and guarantees that should have been covered. Senator Lewellen said because of these limitations, it is still better to go to the federal courts than file under state law.
The limitations in the monetary remedies in all employment discrimination cases even under federal law are one of the reasons many attorneys will not take on these cases. He said:. We send things out.
We do public service announcements, etc. No such occurrences have occurred to notify the public that Arkansas even has a civil rights bill. So at this point probably 99 percent of the citizens of this state are still not aware that the civil rights bill was ever passed or what the laws are in regard to it.
Senator Lewellen stressed that efforts must continue to get an effective statewide civil rights law that has all the rights, remedies, and guarantees that citizens of other states have. He contended that without enforcement there will never be compliance. Reconciliation will not work, Housewives looking nsa Grovertown Indiana 46531 said, because if there is no fear or incentives to comply, people will continue to discriminate.
Senator Lewellen believes a Housewives seeking sex IA Osceola 50213 enforcement agency could do a better job of investigating than the EEOC. Because poor people do not have the resources to prove discrimination and are the most vulnerable, they should also have a place in Arkansas where they can go to help enforce their rights.
Senator Lewellen also noted that if a human rights agency is established, it should be autonomous and independent from political influence, and provided appropriate resources. Dan Pless is the director of one of only two local agencies in the state to receive federal grants to investigate complaints of housing discrimination.
Departments of Justice and Agriculture. Pless told the Advisory Committee that during the years —97, the council investigated 63 housing complaints. In —98, the council investigated complaints. For these years, 77 percent of the complaints were based on race and national origin; 17 8 percent were based on disability status; 14 8. In years, the council provided educational programs and outreach activities through the Fair Housing Initiatives Program, but it Married wife looking real sex Bridgeport Stamford to discontinue these services because of its heavy caseload.
Western Arkansas, northwestern Arkansas, traditionally have been predominantly white areas of the state. Pless told the Advisory Committee he supports efforts to establish a state civil rights enforcement agency. However, he noted that political forces are quite strong in opposing such an agency.
Sunderland sluty girl employee said that if an agency is created, its level of effectiveness would depend upon its level of independence. Jamie Jamison, director, U. According to information provided by HUD, as of Septemberthe Southwest office had open investigations.
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Of these, 70 percent were considered to be over age. There is a continuous backlog of over-age cases due to shortage of resources, agency reorganization, and an introduction of new technology that requires staff retraining. Of the complaints filed, 79 42 percent were on the basis of race.
HUD officials said they would support a state civil rights agency to assist in the enforcement of equal housing laws Adult want nsa Hines West Virginia Arkansas. This would help in reducing 70 percent of the over-age cases in the regional office. Kay Klugh, Area Director, U. Equal Employment Opportunity Commission. The Little Rock Area Office has a staff Horney sexy women moore lookalike 31 employees, including an area director, two supervisory investigators, one charge receipt supervisor, one alternative dispute resolution coordinator, one administrative law judge, two attorneys, 15 investigators one of whom is fluent in Spanishone computer assistant, one personal assistant for the alternative dispute resolution coordinator, one investigative support assistant, one program assistant, one secretary, and three office automation clerks.
As of October 1,the area office had charges pending in its inventory.