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FOCUS: Supreme Court's Landmark LGBTQ Employment Decision Is Even Bigger Than Marriage Equality Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54703"><span class="small">David S. Cohen, Rolling Stone</span></a>   
Tuesday, 16 June 2020 12:06

Cohen writes: "Even in the middle of a resurging pandemic, it's important to remember that good things still exist. Today, the Supreme Court gave us that reminder in the form of a 6-3 decision that LGBTQ people are protected against employment discrimination."

Joseph Fons holding a Pride Flag, stands in front of the U.S. Supreme Court building after the court ruled that LGBTQ people can not be disciplined or fired based on their sexual orientation. (photo: Chip Somodevilla/Getty Images)
Joseph Fons holding a Pride Flag, stands in front of the U.S. Supreme Court building after the court ruled that LGBTQ people can not be disciplined or fired based on their sexual orientation. (photo: Chip Somodevilla/Getty Images)


Supreme Court's Landmark LGBTQ Employment Decision Is Even Bigger Than Marriage Equality

By David S. Cohen, Rolling Stone

16 June 20


It’s a game changer that could have reverberations in everything from education to housing

ven in the middle of a resurging pandemic, it’s important to remember that good things still exist. Today, the Supreme Court gave us that reminder in the form of a 6-3 decision that LGBTQ people are protected against employment discrimination.

To get colloquial for a second here — this is huge. When the Supreme Court ruled in 2015 that states could not ban same-sex marriage, it was a momentous step for equality. However, that ruling only applied to those gay and lesbian people who wanted to marry. For countless reasons, many LGBTQ folks will not want to marry over the course of their lives, so the 2015 decision, while symbolically important to all LGBTQ people, was only practically relevant to a subset.

Not today’s decision. Why? Because virtually every LGBTQ person will work over the course of their lifetime. And after today, every one of those people will work knowing that they are protected under federal law against being treated differently because of their sexual orientation or gender identity. Today’s decision is an unequivocal GOOD THING because it is a sea change for equality.

The ruling today was a combined ruling in three cases — two about discrimination against gay people and one about discrimination against a transgender person. Justice Neil Gorsuch, President Trump’s first appointee to the Supreme Court, wrote the opinion that covered all three cases. Chief Justice John Roberts and the Court’s four liberals joined Justice Gorsuch in the opinion.

The central dispute in the cases is over whether the term “sex” in Title VII (the federal anti-discrimination law that applies to workforces of 15 people or more) includes sexual orientation and gender identity. The law doesn’t mention “sexual orientation” or “gender identity” at all, but Justice Gorsuch said that doesn’t matter. He concluded that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

He then reasoned very simply to explain his conclusion. I don’t normally like big long quotes like this, but his explanation is very straightforward and instructive, so it’s worth reading:

“Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee’s sex, and the affected employee’s sex is a but-for cause of his discharge. Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee’s sex plays an unmistakable and impermissible role in the discharge decision.”

LGBTQ lawyers have been making this argument for decades, but lower courts have danced around it repeatedly, and the Supreme Court has never entertained it. All of the past LGBTQ rights rulings have relied on other principles, such as liberty, dignity, or that laws can’t be based on hatred. This ruling, though, takes a well-established principle in American law — that there can be no sex discrimination in most walks of life — and says what is entirely logical: this principle includes sexual orientation and gender identity discrimination because sex is an integral part of both.

Which is why today’s decision could have reverberations way beyond employment discrimination law. Other areas of federal law also prohibit discrimination based on sex — the Fair Housing Act prohibits it in housing; the Equal Pay Act prohibits it in your paycheck; Title IX prohibits it in education; the Equal Protection Clause of the Constitution prohibits it in government actions. Taking today’s ruling where it inevitably will lead means that each of these areas of law (and every other that applies to sex discrimination) should eventually prohibit discrimination against LGBTQ people as well. We’re not there yet, as future cases will have to decide these matters. But, based on today’s rulings, LGBTQ people should get more and more protections against discrimination in the near future.

For instance, just last week the Trump administration changed federal regulations that prohibited discrimination in health care based on LGBT status. Those were based on an interpretation of what discrimination based on “sex” was. With today’s ruling, the Trump change should eventually fall by the wayside, as the prohibition against sex discrimination should now apply to LGBT people for the same reasons as in today’s opinion.

Dissenting from today’s opinion were the Court’s two long-standing grumpy conservatives —Justices Samuel Alito and Clarence Thomas — as well as the Court’s newest member, Justice Bret Kavanaugh. Justice Alito wrote a very long dissent for himself and Justice Thomas claiming that the Justices in the majority opinion were legislating from the bench and that any change should come from Congress, not the court. Justice Kavanaugh wrote separately making the same point. But he also ended his opinion against LGBTQ on an oddly congratulatory note, applauding LGBTQ folks for their “extraordinary vision, tenacity, and grit” in using the law to improve their lives.

Two LGBTQ people who sadly will not be able to read Justice Kavanaugh’s praise or join in the celebration today are Aimee Stephens and Donald Zarda. They are two of the three named plaintiffs in the cases today. Zarda died in 2014, and Stephens died earlier this year. Both of their families continued their cases and will be celebrating in their honor today. But it’s a sad coda to today’s celebration that only Gerald Bostock (the other plaintiff in these cases) will be able to celebrate the monumental victory that these three people have brought to America.

And on that note, Justice Kavanaugh was correct. Today’s decision is a major victory for LGBTQ rights, perhaps the greatest in American history because of its broad sweep and undeniable implications. Every LGBTQ person in the country who works for an employer with 15 or more workers, even those who live in the most conservative parts of the country, is now protected against discrimination on the job. This basic human right should have been extended decades ago, but the long delay shouldn’t take away from the fact that now that it has happened, it is a victory for LGBTQ people and for all Americans who care about justice and fairness.

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FOCUS: What Is This Bullsh*t, Anyway? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Tuesday, 16 June 2020 11:07

Pierce writes: "Things have come so unstrung that I look out from the aquarium that is my life now and I don't recognize what I'm looking at anymore."

A police vehicle in New York City. (photo: ScreensPro)
A police vehicle in New York City. (photo: ScreensPro)


What Is This Bullsh*t, Anyway?

By Charles Pierce, Esquire

16 June 20


Things have come so unstrung that I look out from the aquarium that is my life now and I don’t recognize what I’m looking at anymore.

hat little I understood about this country is now completely obsolete. Things have come so unstrung that I look out from the aquarium that is my life now and I don’t recognize what I’m looking at anymore. The news is exotic and unfamiliar. My fellow citizens appear to be at the end of a very short rope. And, in general, the country seems unprepared for anything that might happen, and a lot of things are happening at once. There is now only one overriding question:

What is this bullshit, anyway?

Item: things got wildly out of hand in Albuquerque on Monday night. From the Albuquerque Journal:

The shooting occurred during a clash following a peaceful protest to remove the controversial sculpture, a monument that features conquistador Juan de Oñate. The FBI is assisting in the investigation, according to an APD spokesman. U.S. Sen. Martin Heinrich, meanwhile, called on the U.S. Department of Justice to investigate the shooting. The night began with peaceful protest and prayer but tensions began to escalate when protesters took a pickaxe to the statue and members of the heavily armed New Mexico Civil Guard, a civilian group, tried to protect the monument.

“Although we are still learning more about the situation, I am horrified and disgusted beyond words by the reports of violence at a protest Monday night in Albuquerque,” Lujan Grisham said late Monday in a statement. “The heavily armed individuals who flaunted themselves at the protest, calling themselves a ‘civil guard,’ were there for one reason: To menace protesters, to present an unsanctioned show of unregulated force. To menace the people of New Mexico with weaponry — with an implicit threat of violence — is on its face unacceptable; that violence did indeed occur is unspeakable.”

This is the second episode that I know of in which armed camo clowns gathered to protect a statue. (There was an earlier one in Brandenburg, Kentucky.) Now, someone has been shot. It’s only a matter of time before one of these episodes turns into a serious firefight in which unarmed demonstrators get caught between the police and the militia—and neither group, I feel safe in observing, is predisposed to support the demonstrators if things get wild all at once.

Gilbert Gallegos, a spokesman for the Albuquerque Police Department, confirmed that one man had been shot and had been transported to University of New Mexico Hospital in critical but stable condition. He didn’t identify him. Police Chief Michael Geier said in a statement that APD is “receiving reports about vigilante groups possibly instigating this violence...If this is true, (we) will be holding them accountable to the fullest extent of the law, including federal hate group designation and prosecution,” he added.

What is this bullshit, anyway?

Item: After a month of really bad reviews, the New York Police Department seems desperate to change the story. From CBS News:

The New York Police Department found no criminality after officers became sick Monday night from shakes they got at a Shake Shack in downtown Manhattan, Chief of Detectives Rodney Harrison tweeted early Tuesday. Sources told CBS New York it appears the incident was accidental, possibly the result of cleaning solution that wasn't properly removed from the shake machine. Harrison tweeted that, "After a thorough investigation by the NYPD's Manhattan South investigators, it has been determined that there was no criminality by Shake Shack's employees.” Police – and the police union -- initially suspected an employee may have contaminated the shakes with bleach.

What’s the big deal here? We’re not even a month distant from the moment when the president* suggested imbibing cleaning solvent to fight the pandemic.

Seriously, though, I guarantee you that this already is a dangerous urban legend within the NYPD—and its union—and that somebody, somewhere is going to pay a terrible price for it. This is really time for serious national leadership, which I seem to recall as having been something valuable. Instead, we’ve got a president* who seems to relish stoking this unrest, a supine Republican Party that’s just trying to get to November without disintegrating entirely, and general prayer rising in the country that we just get through another day without a mass casualty event, or yet another African-American citizen’s dying in dubious circumstances.

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The American Oligarchy Purrs Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=9643"><span class="small">Robert Reich, Guardian UK</span></a>   
Tuesday, 16 June 2020 08:26

Excerpt: "The president is the best thing that ever happened to the corporate elite, a distraction on the lines of the old Jim Crow."

Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)
Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)


The American Oligarchy Purrs

By Robert Reich, Guardian UK

16 June 20


The president is the best thing that ever happened to the corporate elite, a distraction on the lines of the old Jim Crow

amie Dimon, chief executive of JPMorgan Chase, took the knee last week before cameras at a branch of his bank. Larry Fink, CEO of giant investment fund BlackRock, decried racial bias. Starbucks vowed to “stand in solidarity with our black partners, customers and communities”. The Goldman Sachs chairman and CEO, David Solomon, said he grieved “for the lives of George Floyd, Ahmaud Arbery, Breonna Taylor and countless other victims of racism”.

And so on across the highest reaches of corporate America, an outpouring of solidarity with those protesting brutal police killings of black Americans and systemic racism.

But most of this is for show.

JPMorgan has made it difficult for black people to get mortgage loans. In 2017, the bank paid $55m to settle a justice department lawsuit accusing it of discriminating against minority borrowers. Researchers have found banks routinely charge black mortgage borrowers higher interest rates than white borrowers and deny them mortgages white applicants would have received.

BlackRock is one of the biggest investors in private prisons, disproportionately incarcerating black and Latino men.

Starbucks has prohibited baristas from wearing Black Lives Matter attire and for years has struggled with racism in its stores as managers accuse black patrons of trespassing and deny them bathrooms to which white patrons have access.

Last week, Frederick Baba, an executive at Goldman Sachs who is black, criticized managers for not supporting junior bankers from diverse backgrounds.

Meanwhile, behind the scenes – in the halls of Congress and the corridors of statehouses, in fundraisers and in private candidate briefings, in strategy sessions with political operatives and public-relations specialists – the CEOs who condemn racism lobby for and get giant tax cuts and fight off a wealth tax.

As a result, the nation can’t afford anything as ambitious as a massive Marshall Plan to provide poor communities world-class schools, first-class healthcare and affordable housing.

The CEOs resist a living wage and universal basic income. They don’t want antitrust laws jeopardizing their market power, thereby requiring consumers pay more. They oppose tighter regulations against red-lining or prohibitions on payday lending, both of which disproportionately burden black and brown people.

Perhaps most revealingly, they remain silent in the face of Donald Trump’s bigotry. Indeed, many are quietly funding the re-election of a president whose political ascent began with a racist conspiracy theory and who continues to encourage white supremacists.

This goes beyond mere hypocrisy. America’s super rich have amassed more wealth and power than at any time since the “robber barons” of the late 19th century – enough to get legislative outcomes they want and organize the system for their own benefit.

Since the start of the pandemic, the nation’s billionaires have become $565bn richer, even as 42.6 million Americans have filed for unemployment benefits. Job losses have disproportionately affected black Americans, and America’s racial wealth gap continues to grow.

The rich know that as long as racial animosity exists, white and black Americans are less likely to look upward and see where the wealth and power really has gone.

They’re less likely to notice that the market is rigged against them all. They’ll cling to the meritocratic myth that they’re paid what they’re “worth” in the market and that the obstacles they face are of their own making rather than an unjust system.

Racism reduces the odds they will join together to threaten that system.

This is not a new strategy. Throughout history, the rich have used racism to divide people and thereby entrench themselves.

Half a century ago, Martin Luther King Jr observed much the same about the old southern aristocracy, which “took the world and gave the poor white man Jim Crow. And when his wrinkled stomach cried out for the food that his empty pockets could not provide, he ate Jim Crow, a psychological bird that told him that no matter how bad off he was, at least he was a white man, better than a black man.”

Trump is the best thing ever to have happened to the new American oligarchy, and not just because he has given them tax cuts and regulatory rollbacks.

He has also stoked division and racism so that most Americans don’t see CEOs getting exorbitant pay while slicing the pay of average workers, won’t notice giant tax cuts and bailouts for big corporations and the wealthy while most people make do with inadequate schools and unaffordable healthcare, and don’t pay attention to the bribery of public officials through unlimited campaign donations.

The only way systemic injustices can be remedied is if power is redistributed. Power will be redistributed only if the vast majority – white, black and brown – join together to secure it.

Which is what the oligarchy fears most.

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Calling the Cops on Someone With Mental Illness Can Go Terribly Wrong. Here's a Better Idea. Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=50599"><span class="small">Sigal Samuel, Vox</span></a>   
Tuesday, 16 June 2020 08:26

Samuel writes: "In the US, at least one in four people killed by the police has a serious mental health problem."

Two police stand at their vehicle. (photo: Guardian Liberty Voice)
Two police stand at their vehicle. (photo: Guardian Liberty Voice)


Calling the Cops on Someone With Mental Illness Can Go Terribly Wrong. Here's a Better Idea.

By Sigal Samuel, Vox

16 June 20


What if we sent mental health experts instead of police?

e’ve seen it happen too many times. Someone calls 911 to report a disturbance next door or out in the street. The police show up. Things go awry, and the police shoot the person at the center of the disturbance — and it turns out that the person had a mental health issue. 

In the US, at least one in four people killed by the police has a serious mental health problem. Stories of these police killings have been in the headlines for years, with anguished family members decrying officers’ violence toward their loved ones. Now, with protests over police brutality going strong across the country, and calls to defund the police becoming increasingly mainstream, many Americans feel there has to be a better way to handle 911 calls.

Some people say there is: Instead of sending police to deal with non-criminal emergencies, why not send mental health experts? And instead of pouring more money into police budgets, why not redirect funds to programs that would get those experts out on the streets?

Oakland, California, is the newest city to explore this approach, which has already been tried to good effect in Oregon and, farther afield, in Sweden. 

Rebecca Kaplan, Oakland’s citywide council member, successfully advocated last year for $40,000 from the city budget to be spent on a study on how best to implement the Oregon model there. The study investigated questions like: What’s the best way to complement existing mental health services without competing against them? Where in Oakland do most 911 calls related to mental illness originate? In which neighborhoods does it make most sense to concentrate a pilot program?

This month, as the city council debated the budget for the coming year, that study was presented to a meeting of the Oakland Police Commission. Council members discussed the possibility of launching a pilot called MACRO (the Mobile Assistance Community Responders of Oakland). The goal is to launch the pilot next year with funding from the city budget, and although supporters are not yet sure what its size and duration will be, they’re hopeful it’ll make a big difference to Oakland’s overpoliced community of people without homes. They were among those who first called for a non-policing approach. 

Other cities from Portland to New York are keeping a close eye on what happens in Oakland, because they’re also interested in potentially implementing this approach. If the model takes off nationwide, it could be an effective way to reduce needless suffering for millions of Americans who have mental illness.

The non-policing approach has been tried elsewhere — and it works

In 2015, Stockholm started test-driving an ambulance devoted entirely to mental health care. It looks like a regular ambulance on the outside, but instead of stretchers, it’s got cozy seats — perfect for a therapy session on wheels. Two mental health nurses and one paramedic travel on board. Most of the emergency cases they handle involve people at risk of suicide; sometimes, they involve people having a psychotic episode. 

The idea is that making these experts available boosts the quality of care, avoids needless escalation by law enforcement, and minimizes the stigma attached to people with mental illness.

“It used to be the police who handled these kinds of calls,” Anki Björnsdotter, who works as a mental health nurse aboard the ambulance, told Vice. “But just the presence of the police can easily cause a patient to feel like they’ve done something wrong. Mental illness is nothing criminal so it doesn’t make sense to be picked up by the police.”

During its first year, the ambulance was requested 1,580 times and attended to 1,254 cases. That means the single vehicle was tasked with zipping all around Stockholm to handle 3.4 cases per day. 

“It has been considered a huge success by police, nurses, healthcare officials, as well as by the patients,” said Fredrik Bengtsson, who’s in charge of mental health emergencies at Stockholm’s Sabbatsberg Hospital. 

In Eugene, Oregon, the group handling such calls is called Cahoots (Crisis Assistance Helping Out on the Street). This nonprofit was founded by social activists way back in 1989, but it’s been garnering more attention in recent years as the police’s sometimes violent and even lethal treatment of people with mental illness has sparked a public outcry

Cahoots handles non-criminal crises involving people who are homeless, disoriented, or intoxicated, have a mental illness, or are enmeshed in an escalating dispute. Here’s how the Wall Street Journal explained their work: 

The program in Eugene is unique because Cahoots is wired into the 911 system and responds to most calls without police. The name Cahoots was intended to be a humorous nod to the fact that they are working closely with police. Cahoots now has 39 employees and costs the city around $800,000 a year plus its vehicles, a fraction of the police department’s $58 million annual budget. They are also paid to handle calls for neighboring Springfield.

“It allows police officers to … deal with crime, but it also allows us to offer a different service that is really needed,” said Lt. Ron Tinseth of the Eugene Police Department.

In contrast to police officers who typically seek to project authority at all times, Cahoots employees dress in black sweatshirts, listen to their police radios via earbuds, and speak in calm tones with inviting body language.

In 2017, Cahoots handled 17 percent of the police calls in Eugene, according to the Journal. “When I’m talking to a more liberal group of people, I’ll make the argument it’s the compassionate thing to do, it’s the humane thing to do,” said Manning Walker, a Cahoots medic. “When I’m talking to a conservative group, I’ll make the argument that it’s the fiscally conservative thing to do because it’s cheaper for us to do this than for the police and firefighters.” 

Oakland plans to launch a pilot program inspired by Cahoots. It will see a mental health counselor and an EMT respond to some 911 calls instead of police. 

Anne Janks from the Coalition for Police Accountability, an organization that advocates for constitutional and transparent policing in Oakland, told me she hasn’t encountered any critics of the plan to adopt the Cahoots model. “It’s actually been heartening for those of us who’ve been doing political organizing for a while — we’ve been joking that we’ve never worked on something before where everyone’s supporting it,” she said.

“The Cahoots program has proven successful in Eugene to treat those struggling with mental health issues with dignity and respect, and to direct them to services that are more appropriate than spending time in police custody,” said Kaplan, Oakland’s citywide council member. “I believe this is a good model to test in Oakland, and I look forward to sharing the results.”

Already, Cahoots is working with a number of cities — Olympia, Washington; Denver, Colorado; New York; Indianapolis, Indiana; Portland and Roseburg, Oregon — to see how they might be able to implement the non-policing model. With any luck, this approach, which is both more empathetic and more cost-effective, can help reduce suffering for millions of people.

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Corporations Are Claiming "Black Lives Matter." That Would Be News to Their Workers. Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54699"><span class="small">Toni Gilpin, Jacobin</span></a>   
Monday, 15 June 2020 13:11

Excerpt: "How much do black lives matter to America's leading corporations? Not enough to put any real money on the table for their workers."

Striking workers at a McDonald's in Milwaukee, Wisconsin, rally in 2012. (photo: Joe Brusky/Flickr)
Striking workers at a McDonald's in Milwaukee, Wisconsin, rally in 2012. (photo: Joe Brusky/Flickr)


Corporations Are Claiming "Black Lives Matter." That Would Be News to Their Workers.

By Toni Gilpin, Jacobin

15 June 20


How much do black lives matter to America’s leading corporations? Not enough to put any real money on the table for their workers.

ever underestimate the American business community’s capacity for hypocrisy.

That’s one of the lessons to be drawn from the explosive reaction to George Floyd’s murder. As demonstrators began flooding streets, corporate PR departments flew into rapid response mode, issuing a flurry of agonized, apologetic pledges to do more to combat racism and inequality.

Such statements may, on a personal level, be sincere: the depth of righteous pain and anger expressed by African Americans has induced widespread soul-searching, even in executive suites. Yet this high-profile hand-wringing is used to uncouple the outpouring of outrage from capitalist practices that are now, and always have been, at the intertwined roots of racial and economic injustice.

As they nimbly co-opted the language of the protests, moreover, corporate leaders offered up “solutions” to structural racism that won’t diminish managerial control or redistribute power in the workplace, meaning their proposals won’t promote actual structural change of any sort. With a few well-publicized contributions and some new rounds of diversity training, business elites hope to emerge from the present crisis with their privilege, and their profits, intact.

“Tragic, painful and unacceptable,” so Walmart CEO Doug McMillon described George Floyd’s death. “The inequitable and brutal treatment of black people in our country must stop,” an Amazon tweet proclaimed. “We do not tolerate inequity, injustice or racism,” McDonald’s announced, with CEO Joe Erlinger insisting, “when any member of our McFamily hurts, we all hurt.”

To address this “hurt,” McDonald’s announced it will donate $1 million to the NAACP and the National Urban League and promised “tangible goals related to diversity.” Many corporations made similar commitments. Amazon said it will give $10 million to “organizations supporting justice and equity,” and Walmart pledged $100 million over five years to create “a new center on racial equity” aimed at promoting “economic opportunity and healthier living.”

But such contributions, publicized with much fanfare, in fact are chump change to these immensely powerful corporations. For Walmart, $100 million over the next five years represents less than 1/250 of one percent of the nearly $3 trillion in income it expects to rake in during that period. Put another way, its gift would translate to a mere $13 extra a year, for the next five years, to each Walmart employee in the United States.

And American CEOs are wealthy almost beyond imagination: Amazon’s Jeff Bezos, the world’s richest person, is worth $150 billion, a figure so much larger than the average median household income of $63,000 that it requires special graphics just to illustrate it.

A Real Fix

If these companies really want to address inequality and improve opportunities for African Americans, there’s a fix readily at hand: they could simply give more money to their own employees, a substantial percentage of whom are black and largely concentrated in low-wage occupations. African Americans, in general, earn less than white workers in this country do, and the jobs they hold are more unstable and less likely to offer benefits, all crucial factors that contribute to our persistent racial wealth gap.

Walmart, with a U.S. workforce of one and a half million, is both the nation’s largest employer overall and the largest employer of African Americans; nearly half of Walmart workers are people of color. Yet Walmart, Amazon, and McDonald’s don’t pay livable wages. Benefits, when offered at all, are paltry (the lack of paid sick leave has become especially visible in COVID times). Schedules are unpredictable and job security tenuousWorking conditions are onerous.

How much do black lives matter to America’s leading corporations? Not enough to put any real money on the table.

Also not to be taken seriously: the desire for “dialogue” expressed by these big business titans and all that “listening” they say they’ll do. There is one meaningful and time-honored way to ensure that workers will truly be heard: through a union. Unions democratize workplaces, giving employees the collective voice necessary to put them on a more equal footing with management, to ensure their concerns are heeded.

For people of color, unions are especially valuable, literally. While unions are financially advantageous for all workers, “the gains from union membership in terms of pay, benefits, and stability are more pronounced among nonwhite families than among white families,” one recent study notes. African Americans who are unionized make more money and are more likely to have benefits like health care and employer-supported retirement plans, translating to greater savings and home ownership levels. Union membership, in other words, is critical to narrowing the racial wealth gap.

So unions clearly empower African Americans—yet WalmartAmazon, and McDonald’s are unabashed union-busters. In order to crush organizing efforts (very often led by people of color), these companies invest far more in lawyers, consulting firms, and employee surveillance than they’ll ever dish out to promote “diversity.”

For Bezos, Erlinger, and McMillon, and the other CEOs who follow their lead, genuine “justice and equity” for their workers would come at too high a cost: allowing unions in would require them to relinquish the total control that they now exert over their enterprises.

This particular form of hypocrisy may not be much scrutinized by mainstream media, which are, after all, also corporate enterprises. Much recent coverage of business initiatives to address inequity has omitted issues like fairer compensation or union representation. A lengthy New York Times article—“Corporate America Has Failed Black America”—doesn’t mention unions at all and allots only a few sentences to low-wage workers; the main focus is the dearth of African Americans in top management.

And in a stunning act of appropriation, the New York Stock Exchange observed a moment of silence to honor George Floyd. This took place just as the stock market roared back into full recovery, thus alleviating the real anxieties of the 1%, an irony that drew little notice.

Will corporate executives get away with this sleight-of-hand, purporting to be troubled by the structural racism and economic inequality that they, in fact, perpetuate and benefit from? It’s through this sort of misdirection, and by narrowing the “legitimate” terms of debate, that capitalists, as the early labor historian Selig Perlman once noted, exert their “effective will to power” and “convince other classes that they alone, the capitalists, know how to operate the complex economic apparatus of modern society.”

After George Floyd’s death, Black Lives Matter activists and their allies refused to allow business as usual, and through massive protests and direct action achieved the extraordinary: exposing to the world the brutality and racism that define American policing. For the moment, though, it seems that CEOs are maintaining their authority over the “complex economic apparatus of modern society.”

Union supporters must stand up and assert their own “effective will to power,” to ensure that the practitioners of economic oppression are called to account—and forced to make concessions—as well.

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