Civil Rights Act of 2004: Equality and Justice for All

Civil Rights Act of 2004: Equality and Justice for All

February 11, 2004

Statement of NOW President Kim Gandy

As we pause this week to celebrate the birthday of suffragist and abolitionist Susan B. Anthony, the National Organization for Women is proud to join our allies and congressional leaders in announcing the introduction of "FAIRNESS: The Civil Rights Act of 2004." This Act is a fitting and affirmative response to the significant erosion of rights we thought were protected by prior Civil Rights legislation.

Women were appalled at the hurdles erected by the Supreme Court for students who suffered sexual harassment at school (Gebser) and the barriers to enforcing the race discrimination prohibitions of Title VI of the Civil Rights Act (Sandoval). We were dismayed when the Court said in the Circuit City Stores case that employees could be required to waive their constitutional right to bring employment discrimination cases to court and instead be forced to submit to arbitration.

We were taken aback by the Kimel decision, allowing states to shield themselves from damages in age discrimination cases. And we have been appalled by Supreme Court holdings barring victims of discrimination from receiving attorneys fees (Buckhannon), preventing undocumented workers from obtaining relief from state violations of the Fair Labor Standards Act (Arden v. Maine), and denying lost wages to undocumented workers who were illegally fired for joining a union (Hoffman Plastics). And that's just the beginning.

This new Civil Rights Act seeks to address the inequities created in those decisions, and more. It will finally give victims of discrimination based on sex, disability or religion with the same rights and remedies as those available for other forms of unlawful discrimination. NOW particularly applauds this bill's enhancement of the enforcement provisions of the Equal Pay Act.

By enacting this FAIRNESS Act, Congress can take a step toward insuring equality of justice for all. As the United States government seeks to enshrine basic freedoms under law for the people of Iraq and Afghanistan, we must not forget those whose rights have been eroded at home.