For all his “post-partisan” bluster, Arnold is a right-wing Republican at heart. Sure, he sometimes calls the GOP a “obese person in denial”, but away from the glare of media lights he busies himself gutting public transportation, or removing folks from state commissions who don’t toe a firm right-wing line.
It comes as no surprise then that Arnold is now engaging in one of the core right-wing practices – trying to roll back civil rights legislation by gutting state enforcement power.
Sheila Kuehl, proving that she’s more than just a force for single-payer, has been trying to draw attention to a proposal by Secretary of Consumer Affairs Rosario Marin that would eliminate the Fair Employment and Housing Commission’s administrative law judges (ALJs) and instead make FEHC staff responsible for handling discrimination complaints. This would have a crippling effect on state civil rights laws.
As Sheila Kuehl explains, these ALJs are essential to the effectiveness of state civil rights protections:
In 1992, under Governor Pete Wilson, the Legislature specifically authorized the Commission to hire its own ALJs. This was done because the OAH, which had been hearing cases and which Secretary Marin and the Schwarzenegger administration want to put back in charge, had proven to be both uneconomical and ineffective. The legal staff of the Fair Employment and Housing Commission had been required to use its time and financial resources to revise and rewrite over 90% of all OAH decisions in this area as incorrect on both the law and Commission policy One decision would have overruled the Commission’s own regulations. Another allowed an employer to ban all women from his workplace.
In other words, staffers untrained in the nuances of the law and with other duties were being forced to handle these complaints, making them both ineffective workers and ineffective enforcers of the law. By eliminating the ALJs and returning enforcement to the staffers, Marin and the governor’s administration are in effect trying to prevent the proper enforcement of state anti-discrimination law.
A commentor on one of the California Progress Report’s articles on the issue notes that Marin has been pushing this change for a while:
Marin has been pushing this for a while, even though she keeps inventing new reasons for it. First they claimed they wanted to move the current judges to Sacramento, because Chief Justice Ron George asked to take over the FEHC’s San Francisco office space for court admin. When that lie was exposed, they claimed it was all about the cost saving. Then they worked out a back-room deal with the head of OAH — the ALJ’s at OAH would hear the cases, but the cases would only go to ALJ’s with no knowledge about civil rights.
Ken Scudder, a SF attorney, left this comment in the same thread:
I’ve always admired the ALJs who work with state boards and commissions; they have somehow managed to survive and to persevere in their efforts to provide fair hearings and adjudication to employees, injured workers, the disabled and sick. They’ve all been the targets of right-wing Republican attempts, over the past 25 years and more, to gut and silence any essential state action for administrative remedy of the injuries, discrimination, and injustice that is so frquently [sic] the lot of those without power or wealth.
Enforcement is THE KEY to civil rights law. Activists learned this the hard way – although a raft of anti-discrimination laws and constitutional amendments were passed in the 1860s and 1870s, when the federal and state governments refused to enforce them, segregation, discrimination, and widespread inequality was the result.
By the 1950s and 1960s activists had finally gotten government to recognize the need to pass stronger laws, but they still had to fight to get them properly enforced. The result on the federal level were laws like the Civil Rights Act of 1964, or the 1965 Voting Rights Act, which contained extremely strong enforcement provisions, like the EEOC and the Department of Justice oversight of elections in specific areas targeted by the Voting Rights Act.
California saw similar struggles. The fight for a state-level anti-discrimination law and adequate enforcement power consumed activists in the 1940s and 1950s. By the 1960s California had strong laws, even though the best of them – the Rumford Fair Housing Act – was repealed by voters in 1964. In the early 1990s, with the FEHC staff overworked and the law not receiving adequate enforcement, Willie Brown helped strengthen its work by creating the ALJ system that has since proved effective in protecting all Californians from unfair and illegal discriminatory practices.
The need for a strong FEHC and effective enforcement is still clear to many Californians. At a time when anti-Latino bigotry is on the rise, when GLBT Californians still face hostility and the governor’s refusal to accept their basic human equality, the last thing we need is a weakening of the ability of Californians to get justice and fair treatment.
As Kuehl notes, a strongly worded letter opposing the elimination of the ALJs was sent to Secretary Marin, and its signatories included:
Senate Pro Temps Perata, Speaker Nunez, Senator Kuehl, and the chairs of Senate Judiciary Committee, Senate Labor Committee, Senate Budget Committee, Assembly Labor Committee, Assembly Judiciary Committee, Assembly Budget Committee, Latino Legislative Caucus, Legislative Black Caucus, API Legislative Caucus and the Legislative LGBT Caucus.
Kuehl reports that “the proposal to dismantle the panel of Administrative Law Judges has been removed from the Commission’s agenda with no word on how the matter will, ultimately, be resolved.” But given the longstanding desire of the right-wing to have the FEHC defanged, we cannot be certain yet that we’ve beaten back this attack on Californians’ basic rights.
A little activism goes a long way, and more is needed to ensure that this proposal is and remains dead.
Contact:
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
e-mail
Rosario Marin, secretary of the State and Consumer Services Agency, (916) 653-4090.
George Woolverton, chairman of the Fair Employment and Housing Commission, (323) 935-6669.
And thanks to all the California Democratic legislators, from Perata and Núñez to Kuehl, Mervyn Dymally, John Laird, and many others who have fought to prevent Arnold from setting back the cause of freedom and equality in California.