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FOCUS | 7 Positive Solutions to Rein in Our Out-of-Control Police State Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7118"><span class="small">Carl Gibson, Reader Supported News</span></a>   
Monday, 01 December 2014 12:38

Gibson writes: "The decision to not indict Darren Wilson for killing Michael Brown was a catalyst for a mass movement all over the country for police accountability. Citizens in over 170 U.S. cities took to the streets last week to protest violent and out of control police forces in the wake of the grand jury decision. The solution won’t come from one specific policy, but from a wide array of reforms that will address the systemic issues that result in police acting with impunity."

People protest against the verdict announced in the shooting death of Michael Brown, in New York, November 25, 2014. (photo: Reuters/Eduardo Munoz)
People protest against the verdict announced in the shooting death of Michael Brown, in New York, November 25, 2014. (photo: Reuters/Eduardo Munoz)


ALSO SEE: Charges Dropped for Detroit Cop Who Fatally Shot 7-Year-Old Girl

7 Positive Solutions to Rein in Our Out-of-Control Police State

By Carl Gibson, Reader Supported News

01 December 14

 

he decision to not indict Darren Wilson for killing Michael Brown was a catalyst for a mass movement all over the country for police accountability. Citizens in over 170 U.S. cities took to the streets last week to protest violent and out of control police forces in the wake of the grand jury decision. The solution won’t come from one specific policy, but from a wide array of reforms that will address the systemic issues that result in police acting with impunity.

1. Repeal the Pentagon’s 1033 Program

Since the War on Drugs began during the Reagan administration, police departments have become increasingly militarized. The Department of Defense's Excess Property Program (DoD 1033) allows surplus military equipment to go to local and county police forces. This program is chiefly responsible for streets looking like war zones during national political conventions, global trade meetings, G8 summits, the Occupy movement and, more recently, the streets of Ferguson. NPR examined Pentagon records for the 1033 program and found that an alarming amount of armored vehicles, grenade launchers, assault rifles, helicopters, airplanes, and other high-tech military equipment is landing in the hands of improperly-trained local cops in towns with low crime rates. Repealing this program will result in local cops looking like local cops rather than soldiers patrolling Fallujah.

2. Mandate Body Cameras for All Police Officers That Can’t Be Turned Off While on Duty

Over 154,000 people have signed on to a campaign to equip all police officers with body cameras. If a police officers have to wear a body camera and have their actions recorded on video for all to see, it will result in those officers acting with more professionalism, knowing that their actions can’t be hidden from civilian eyes. This will result in less racial profiling, fewer instances of killing unarmed civilians, and more professional community policing as a result. These cameras must not be turned off while police are on duty, and strict penalties must be in place for officers who turn off body cameras while on the clock. Chief Tony Farrar of the Rialto Police Department, in California, conducted a study of police departments that used body cameras, and learned that there were 50 percent fewer uses of force with body cameras in place, and complaints against officers were down to 10 percent of what they were before the cameras were used.

3. Require Strict Training for Use of Lethal Force

When a Cleveland cop shot 12-year-old Tamir Rice to death in a park for playing with a toy gun, he did it within two seconds of arriving. There was no conversation asking him to put the gun down, no attempt to call for backup, and no attempt to subdue him with pepper spray or a taser. There’s no reason to give anyone a badge and a gun to keep the peace if they aren’t trained to know when it’s appropriate to use deadly force. Whether there’s an active shooter who’s threatening to hurt people, or a kid playing with a gun that may or may not be fake, it’s the officer’s job to know when to start shooting and when to de-escalate. Cities and states need to mandate that police go through additional training that teaches when lethal force is necessary and when it's not.

4. Make Police Officers Run for Office

Among the 75 U.S. cities with the largest police forces, 60 percent of those officers commute to work from another town and don’t even live in the community they serve. For example, the 53-member police force of Ferguson, Missouri, has only three Black members. This is in a community that’s 70 percent Black. And in 2013, those officers issued 32,975 arrest warrants in a town of only 21,135 people. When a police officers don’t live in the community they serve, they have no motivation to invest in the community and help it grow, only in meeting their own arrest quota. This fuels racial profiling, brutality, and unnecessary killings like the shooting of Mike Brown.

However, if police officers had to win the support of the people at the ballot box, they would naturally be more invested in the citizens they served and take a more community-based approach to policing. Imagine having someone knock on your door, tell you they’re running for one of the several police officer positions in your city ward, and try to convince you to vote for them. Police officers running for re-election would get to have their records examined in the public eye, and be forced to defend their actions to keep their jobs. It would truly make the position of police officer more devoted to public service, and help bridge the huge gap of distrust between citizens and police officers.

5. Form Civilian Review Boards with Power to Fire and Indict Police Officers

The mayor of Ferguson just established a civilian review board to monitor police in the wake of the Michael Brown shooting, but that should be just the beginning. This mass movement for police accountability should go to city councils and boards of aldermen everywhere, demanding local governments form a civilian review board to hold police officers accountable. These boards should include both male and female representatives of all ethnicities, and be proportional to the racial makeup of that city. And if you’re a current or former police officer, or have immediate family members who serve as police officers, then you aren’t allowed to serve on the board. Citizens with particular grievances present their case to the board, and the board looks at all available evidence to see if that grievance has merit. To have any power, these boards have to be able to suspend, fire, and/or indict police officers once a decision has been reached. Police in cities with effective civilian review boards will definitely think before pulling the trigger.

6. Do Away With Felonies for Nonviolent Crimes

California just passed a statewide ballot initiative to do away with felony charges for nonviolent offenses, which immediately qualifies nearly 10,000 incarcerated Californians for early release. California’s Proposition 47 reclassified low-level offenses like shoplifting, drug possession, and check fraud of $950 or less. Now, the state will hand out approximately 40,000 fewer felony convictions each year.

When fewer people are in jail, more people get a chance to live their lives without a jail sentence on their record. This logically means fewer people in desperate situations, who are locked into a cycle of having to commit economic crimes in perpetuity because of having to do time from one mistake that blemished a career for good. And as an added bonus, private prison companies will build fewer facilities, as many of them are only built with the promise of a 90 percent constant occupancy rate.

7. Impose Strict Penalties for Racial Profiling

In 2011, a friend and I were visiting a friend in Brooklyn when, out of nowhere, a police car pulled out in front of us and three officers pressed us up against the car and searched us at random. My friend, who is Black, was frisked for several minutes longer than I was. Neither one of us had any drugs or weapons on us, and the police left unceremoniously. As a White man, I can say I’ve never been stop-and-frisked by the NYPD since, despite visiting the city numerous times over the last three years.

The statistics back me up – out of every 10 stop-and-frisks conducted by the NYPD, 9 of those yielded no results. And data from the New York Civil Liberties Union shows that year after year, 80 to 85 percent of those unsuccessful stop-and-frisks are perpetrated against Blacks and Latinos. If cities everywhere were to penalize officers with unpaid leave who conduct 3 or more traffic stops, stop-and-frisks, or sudden detainments against non-White citizens that didn’t result in any charges filed per month, police would be much more careful who they target while on patrol. Call it the three-strikes rule, but for cops.

Too many police act as unaccountable paramilitary forces, and citizens who have taken to the streets to protest this are rightly upset. But these solutions will go a long way in turning police officers into community servants again. Let’s make our rage productive and meaningful and turn our protests into action.



Carl Gibson, 27, is co-founder of US Uncut, a nonviolent grassroots movement that mobilized thousands to protest corporate tax dodging and budget cuts in the months leading up to Occupy Wall Street. Carl and other US Uncut activists are featured in the documentary We're Not Broke, which premiered at the 2012 Sundance Film Festival. Carl is also the author of How to Oust a Congressman, an instructional manual on getting rid of corrupt members of Congress and state legislatures based on his experience in the 2012 elections in New Hampshire. He lives in Sacramento, California.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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FOCUS: Jay Michaelson | Dear Evangelicals: You're Being Had Print
Monday, 01 December 2014 11:18

Michaelson writes: "Dear Conservative Evangelicals, I drive a Prius, enjoy Vanilla lattes, and am married to a man. I know it's unlikely for me to be writing you this letter, and even more unlikely for you to read it. But unlike most of my Obama-loving, liberal friends, I am no longer afraid of you."

 (photo: Emil Lendof/The Daily Beast)
(photo: Emil Lendof/The Daily Beast)


Dear Evangelicals: You're Being Had

By Jay Michaelson, The Daily Beast

01 December 14

 

Why are you trying to solve a cultural problem with a political solution? Because the Republican Party is using you.

ear Conservative Evangelicals,

I drive a Prius, enjoy Vanilla lattes, and am married to a man. I know it’s unlikely for me to be writing you this letter, and even more unlikely for you to read it.

But unlike most of my Obama-loving, liberal friends, I am no longer afraid of you. It’s clear to me that “your side” is losing the battle for public opinion, and I know that many of you agree with that assessment.

So why am I writing you this letter? Because, also unlike my liberal friends, I’m actually on your side, in some ways. I’m an ordained rabbi, and someone deeply concerned with the vulgarization and sexualization of our society. You and I disagree about the solution to this problem, of course, but we agree that there is a problem.

The trouble is, you’re trying to solve cultural problems with political solutions—because politicians have convinced you to do so. I am referring here to establishment Republicans, which for 150 years have consistently been the party of the rich and ungenerous.

In the first half of the twentieth century, most Christians distrusted this party, controlled as it was by “urban bankers” and others opposed to the Jeffersonian values of rural America. But in the wake of the Civil Rights Act of 1964, the switch began—and by Ronald Reagan’s election in 1980, it was complete. Republicans catered to conservative social attitudes on racial integration, and eventually moved rightward on issues like abortion and feminism, too, although you know as well as I do that they never really believed in them. They just realized that they could gain power by uniting two very different groups: the same moneyed elites as always, and you.

Now, let’s see who has won, and who has lost, in the ensuing 34 years.

It’s clear that the rich—call them the 1 percent if you like, but I prefer to think of them as the moneylenders whom Jesus threw out of the Temple—have prospered enormously. In 1983, the wealthiest 1 percent were 131 times richer than the average American. In 2009, they were 225 times richer. In 2012, the top 20 percent made $13.5 trillion in income; the entire bottom 80% made $1 trillion.

These are disparities not seen since before the Great Depression. Whether for better or for worse, the ultra-rich have done extremely well in the 30 years you’ve allied with them.

How have you done, in the same period? Not well at all. Not only is gay marriage now the law for over two-thirds of Americans while the value of marriage in general has been declining for decades; not only are television, film, music, and video games more vulgar than we could have imagined in 1980; but more Americans are declaring themselves “Nones,” that is, people of no religious affiliation, than ever before in our history. Sure, some churches are expanding, but overall, your way of life is in steep decline. In short, you are losing horribly.

So, who is using whom here? Have the rich Republicans been good for you, or have you been good to them?

I look at the alliance you’ve forged with these people, and I don’t understand why you’re in it. Their agenda keeps winning, and yours keeps losing.

Moreover—and I don’t want to speak out of turn here—their agenda is even eating away at yours. What happened to the Christian concern to “love the least of these,” the most vulnerable, the most destitute? In my opinion, supply-side Republicans have convinced many Christians not merely that the welfare state is a bad idea, but that generosity itself is a vice, that public assistance equals dependence, and that giving the wealthy even more breaks is the way for benefits to “trickle down” to the rest of us.

That theory, by the way, has never been proven. When it’s been put into practice, it’s only made the ultra-rich richer. It’s done nothing for the middle class, the working class, and the poor. And its mean-hearted message, in my opinion, has corrupted the social gospel. Of course, prosperity is a good thing. But our current moment isn’t one of prosperity—it’s of inequality on the scale of ancient Rome.

Now, I’m not saying that you should jump on board with the Democrats’ agenda either. I’m saying that this Republican claim that you can build a Christian nation through politics is bogus, and only serves their goals.

You’re fighting the wrong fight. You should be making your case in culture, not in Congress. Look around. Atheism is highest in Europe, where there are established churches involved in the political process. But according to most historians, America is the most religious country in the Western world precisely because of the separation of church and state.

That “wall of separation” that liberals like to talk about? The original metaphor was: erect a wall to keep the garden of the church free from the wilderness of politics. The more you try to force your beliefs on others, the more people dislike you.

Of course, there are now multi-billion-dollar organizations dedicated to Christian politics. But how effective have they been? What has all that money bought?

I’ve worked in the LGBT movement for 15 years. At first, we, too, tried a political approach, talking about equal rights, civil rights, and so on. But the movement’s PR people found these messages weren’t working. So, in the 2000s, we shifted. We worked in the cultural arena instead, with pioneers like Ellen and Will & Grace. We went into churches and synagogues, testifying about our lives and our families. We changed people’s hearts, not their laws.

We also found messengers who could communicate the truth of our lives. Sure, there are radicals in the LGBT community who really are opposed to mainstream values—and some of them are my friends! But there are also moderates, even conservatives. The LGBT movement looked for places where we could find common ground, and focused there.

But because the public face of Christianity is now made up of the political operatives who can shout the loudest, your “wingnuts” are in center stage. I know that most Christians are not bigots or homophobes. I read the data, and I have Christian friends. But you have to admit: you’re putting your worst feet forward. Many of your spokespeople are loud and mean, because they can turn out the votes.

This all feeds into that devil’s bargain with the Republican Party. They stir you up about social issues in order to get you to the polls, and then they don’t really do anything about them. Because, in fact, they can’t. These are cultural questions, not political ones, and they have to be solved in the cultural arena.

To be clear, I’m not alleging any vast, right wing conspiracy to hoodwink Christians into voting Republican. I know that many of your values do, indeed, align with Republican policies.

But from the outside, from my side of the aisle, the situation seems very clear. The Republican rich are doing very well, and you’re losing badly. There’s only one conclusion I can draw from that: you’re being had.


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Coal's Costs Keep Adding Up Print
Monday, 01 December 2014 09:01

Excerpt: "We hear a lot about a war on coal. But, to borrow another trendy phrase, amnesty is the real threat — amnesty for the coal industry."

Coal miners. (photo: Justin Sullivan/Getty Images)
Coal miners. (photo: Justin Sullivan/Getty Images)


Coal's Costs Keep Adding Up

By Lexington Herald-Leader | Editorial

01 December 14

 

e hear a lot about a war on coal. But, to borrow another trendy phrase, amnesty is the real threat — amnesty for the coal industry.

How many more examples do we need of coal operators' lawlessness, aided and abetted by government apathy or impotence?

First, a stunning series by NPR and the Mine Safety and Health News this month detailed how 2,700 mine owners have gotten away with dodging nearly $70 million in safety fines.

Why should you care? Miners are injured in these delinquent operations at much higher rates than in those that pay their fines. Seven of the top 10 scofflaws, including West Virginia billionaire Jim Justice, control mines in Eastern Kentucky.

Then, last week, a ruling by Franklin Circuit Judge Phillip J. Shepherd laid bare the charade that is Kentucky's enforcement of coal industry compliance with the Clean Water Act. The judge described a state agency that barely even goes through the motions of enforcing the law.

Shepherd rejected a state-proposed settlement with what was one of Eastern Kentucky's largest producers of surface mined coal before going through bankruptcy, the West Virginia-based Frasure Creek Mining, which still has mining sites under permit in the state.

The company for years submitted false water monitoring data. Shepherd concluded there was either a scheme to commit fraud "or incompetence so staggering as to defy belief."

The Beshear administration's Cabinet for Energy and Environment chose to handle the 1,520 violations as paperwork errors, so did not investigate "substantive pollution violations" except in a very limited way and even that "tasked the staff significantly," wrote Shepherd.

"With only a handful of enforcement personnel, and a dwindling number of field inspectors, and with the position of Director of Enforcement unfilled since 2007, it is impossible for the Cabinet to effectively regulate permittees such as Frasure Creek who systematically violate" the Clean Water Act.

No wonder 93 percent of the Big Sandy River, the watershed where Frasure Creek does most of its Kentucky mining, is unfit to support aquatic life mainly because of surface-mining runoff.

The cabinet does not even know how many discharge outfalls are associated with the state's 2,200 coal general permits, Shepherd wrote. Therefore, the cabinet can't say whether coal companies are self-monitoring water pollution as required by federal law, much less whether they are violating their water pollution limits.

The massive violations were discovered by citizens who threatened to sue. The cabinet agreed to a consent decree under which Frasure Creek would pay $310,000. The cabinet also fought — and lost — all the way to the state Supreme Court to exclude citizens from any involvement in deciding the case.

Shepherd ruled the penalties were too small "to deter future violations" and sent "the message that cheating pays. This puts the many companies that comply with the law at a competitive disadvantage."

Hiring a new lab cost Frasure Creek an extra $30,000 a month. For a while, the company's quarterly reports appeared to be accurate with many more actual violations reported. Then, as if to prove Shepherd right, Frasure Creek started sending obviously false reports again. Citizen groups on Nov. 17 notified the state that they were again going to sue. The state insisted that it was already on top of any problems.

Shepherd said the settlement he rejected was unlikely to have changed Frasure Creek's behavior because the company gained more economic benefit from taking shortcuts than complying, making any fines or penalties "an acceptable cost of doing business."

It's the same for operators who increase profits by taking shortcuts on safety and health, putting lives at risk.

We also hear a lot about our economic dependence on cheap energy from coal. It's not cheap, though. The costs are high — they just get pushed onto someone else, the disabled or dead miners, or Kentuckians who depend on water, ruined by surface mining, that flows from the mountains across our state. How about a little amnesty for them?


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Patrolling the Boundaries Inside America Print
Sunday, 30 November 2014 14:33

Reich writes: "America is embroiled in an immigration debate that goes far beyond President Obama’s executive order on undocumented immigrants. It goes to the heart of who 'we' are. And it’s roiling communities across the nation."

Economist, professor, author and political commentator Robert Reich. (photo: Richard Morgenstein)
Economist, professor, author and political commentator Robert Reich. (photo: Richard Morgenstein)


Patrolling the Boundaries Inside America

By Robert Reich, Robert Reich's Blog

30 November 14

 

merica is embroiled in an immigration debate that goes far beyond President Obama’s executive order on undocumented immigrants.

It goes to the heart of who “we” are. And it’s roiling communities across the nation.

In early November, school officials in Orinda, California, hired a private detective to determine whether a seven-year-old Latina named Vivian – whose single mother works as a live-in nanny for a family in Orinda — “resides” in the district and should therefore be allowed to attend the elementary school she’s already been attending there.

On the basis of that investigation they determined that Vivian’s legal residence is her grandmother’s home in Bay Point, California. They’ve given the seven-year-old until December 5th to leave the Orinda elementary school.

Never mind that Vivian and her mother live during the workweek at the Orinda home where Vivian’s mother is a nanny, that Vivian has her own bedroom in that home with her clothing and toys and even her own bathroom, that she and her mother stock their own shelves in the refrigerator and kitchen cupboard of that Orinda home, or that Vivian attends church with her mother in Orinda and takes gym and youth theater classes at the Orinda community center.

The point is Vivian is Latina and poor, and Orinda is white, Anglo, and wealthy.

And Orinda vigilantly protects itself from encroachments from the large and growing poor Latino and Hispanic populations living beyond its borders.

Orinda’s schools are among the best in California – public schools that glean extra revenues from a local parcel tax (that required a two-thirds vote to pass) and parental contributions to the Educational Foundation of Orinda which “suggests” donations of $600 per child.

Orinda doesn’t want to pay for any kids who don’t belong there. Harold Frieman, Orinda’s district attorney, says the district has to be “preserving the resources of the district for all the students.”

Which is why it spends some of its scare dollars on private detectives to root out children like Vivian.

The bigger story is this. Education is no longer just a gateway into the American middle class. Getting a better education than almost everyone else is the gateway into the American elite.

That elite is now receiving almost all the economy’s gains. So the stakes continue to rise for upscale parents who want to give their kids that better education.

The competition starts before Kindergarten and is becoming more intense each year. After all, the Ivy League has only a limited number of places.

Parents who can afford it are frantically seeking to get their children into highly regarded private schools.

Or they’re moving into towns like Orinda, with excellent public schools.

Such schools are “public” in name only. Tuition payments are buried inside high home prices, extra taxes, parental donations, and small armies of parental volunteers.

These parents are intent on policing the boundaries, lest a child whose parents haven’t paid the “tuition” reap the same advantages as their own child. Hell hath no fury like an upscale parent who thinks another kid is getting an unfair advantage by sneaking in under the fence.

The other part of this larger story is that a growing number of kids on the other side of the fence are Hispanic, Latino, and African American. Most babies born in California are now minorities. The rest of the nation isn’t far behind.

According to the 2010 census, Orinda is 82.4 percent white and 11.4 percent Asian. Only 4.6 percent of its inhabitants are Hispanic or Latino, of any race. All of its elementary schools get 10 points on the GreatSchools 10-point rating system.

Bay Point, where Vivian’s grandmother lives, is 41.4 percent white, 54.9 percent Hispanic or Latino of any race, and 11.6 percent African America. Bay Point’s elementary schools are rated 2 to 4 on GreatShools’ 10-point scale.

Many of the people who live in places like Bay Point tend the gardens and care for the children of the people who live in places like Orinda.

But Orinda is intent on patrolling its border.

The nation’s attention is focused on the border separating the United States from Mexico, and on people who have crossed that border and taken up residence here illegally.

But the boundary separating white Anglo upscale school districts from the burgeoning non-white and non-Anglo populations in downscale communities is fast becoming a flashpoint inside America.

In both cases, the central question is who are “we.”


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Stop Hanging Pregnant Workers Out to Dry Print
Sunday, 30 November 2014 14:24

Lipsitz writes: "The Pregnant Workers Fairness Act currently before Congress would require employers to provide reasonable accommodations to pregnant workers who need them unless doing so would impose an undue hardship on the business — a standard that applies to workers with disabilities. But it faces a Congress that passes laws about as often as the Los Angeles Clippers win basketball games."

Representative Tammy Duckworth. (photo: AP)
Representative Tammy Duckworth. (photo: AP)


Stop Hanging Pregnant Workers Out to Dry

By Raina Lipsitz, ThinkProgress

30 November 14

 

Accommodation in the workplace should be the norm, not the exception

ep. Tammy Duckworth stands out in the U.S. Congress for three reasons: She has a disability, a uterus and a record of active military service in a recent war. She’s also the first Asian-American woman elected to Congress from Illinois.

This month she is in the news because her request to vote by proxy in the upcoming House Democratic caucus leadership and committee member elections was denied. Duckworth, who lost her legs serving in Iraq, was pregnant — in her third trimester. Because her doctor advised her not to travel at this late stage in her pregnancy, she appealed to her fellow Democrats to make a one-time exception to the caucus’ ban on proxy voting.

No dice, said House Minority Leader Nancy Pelosi and others. Pelosi can’t understand what all the fuss is about, given that she has urged Duckworth to savor the “most glorious experience” of becoming a mother. (Duckworth gave birth to a girl last week.)

Duckworth’s request was likely denied for petty political reasons. Duckworth supports Rep. Frank Pallone for a top spot on the Energy and Commerce Committee, and Pelosi backs Pallone’s opponent. Regardless of Pelosi’s true motives, her reasoning couldn’t be clearer: Motherhood may be a most glorious experience, but pregnancy is a voluntary inconvenience for which women should expect no accommodation.

For many pregnant women, Duckworth’s experience is a high-level, less physically taxing version of a depressingly familiar story. Six years ago Peggy Young, a former UPS employee, sued the company for denying her request for less strenuous work during her pregnancy. Instead of being granted accommodation, she was forced to take extended unpaid leave and lost her health insurance. Her case has undergone a number of appeals and is on its way to the Supreme Court (which may well issue a ruling with disastrous consequences for pregnant women).

At the time of Young’s original lawsuit, UPS classified pregnancy as an “off-the-job injury,” akin to hurting one’s back at home. Fascinatingly, the company had no problem permitting employees to switch jobs if they lost their commercial driver’s license because of a drunk-driving conviction. Careening around smashed in your off hours? No worries! Baby on the way? That’s your problem.

Earlier this year Bene’t Holmes, a 25-year-old single mother and Walmart employee who was then four months pregnant, asked her manager for job duties that were less physically demanding. A doctor had recommended she be put on light duty. Her request was denied. The next day she had a miscarriage at work. Holmes was denied a leave of absence to recover from the miscarriage and threatened with disciplinary action when she missed work. 

In many workplaces, employees such as Young and Holmes are expected to either take unpaid leave or keep doing what they normally do, no matter how dangerous or physically demanding it is. Many pregnant workers are denied water bottles, stools and extra bathroom breaks.

The Pregnancy Discrimination Act of 1978 was intended to prevent pregnant workers from being fired when their bosses discovered their condition. But courts have interpreted it in a variety of ways. Many Americans know by now that you’re not allowed to ask an employee whether she’s pregnant or if or when she plans to become pregnant. But there’s still a lot of confusion about whether employers are obligated to accommodate women if they are — and if so, what form that accommodation should take.

Thanks to legislation and legal action or threats of legal action, some stories of pregnant women at work have happy — or at least nondisastrous — endings. Sonica Smith, a sales associate at the clothing store Zara, was able to negotiate regular breaks to rest and use the bathroom during her pregnancy. Floralba Fernandez Espinal was reinstated after being forced out of her thrift store job.

Angelica Valencia, a 39-year-old pregnant woman who was forced out of her job in August by managers who refused to honor her doctor’s recommendation that she not work overtime, was recently offered her job back. Only someone badly in need of a job would return to a company that treated her so poorly. Forty-two million women in this country live in or near poverty. They need their jobs.

In October, UPS announced a policy change for its pregnant workers: Effective Jan. 1, the company will offer temporary light duty to pregnant workers as well as to those injured on the job. (Its current policy is to accommodate the latter but not the former.) The change is too late to help Young.

The Pregnant Workers Fairness Act currently before Congress would require employers to provide reasonable accommodations to pregnant workers who need them unless doing so would impose an undue hardship on the business — a standard that applies to workers with disabilities. But it faces a Congress that passes laws about as often as the Los Angeles Clippers win basketball games. The Equal Employment Opportunity Commission announced tougher rules designed to protect pregnant workers in July, but many women remain unaware of their rights and lack the resources to fight for them.

As for Duckworth, she is either resigned to being disenfranchised or smart enough to pretend she is. “The caucus chose not to allow me to vote via proxy,” she said in a statement. “I respect the process and very much appreciated my colleagues who made sure my request was considered.”

I can’t respect a process that forces a pregnant woman to choose between doing her job and following her doctor’s orders, especially when accommodation is as simple as granting the right to a proxy vote.

Pregnancy is risky, life altering, physically demanding and potentially rewarding. In a free and equal society, women who choose to undertake it would be treated like soldiers, not broken-down cars.

It’s time to can the platitudes about the glories of motherhood and provide pregnant women with the practical support they need and deserve. Basic decency demands it.


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