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This legislation seeks to move most state court class
actions into federal courts, posing a threat to basic
civil rights and unfairly blocking the disadvantaged members of society, including women and racial minorities, from obtaining relief from discrimination and unlawful practices. Class action litigation is one of the most important tools that women and people of color can use to help level the playing field. We must do everything we can to oppose this bill and to encourage senators to do the same.
Civil rights laws are intended to protect victims of discriminatory policies, ensuring that they can obtain relief from unlawful practices. The so-called Class Action “Fairness” Act of 2003 threatens to unfairly prevent victims of discrimination from seeking legal justice. If this bill is enacted, women’s ability to seek redress in a court of law will be severely restricted.
If passed, the act will allow the removal of almost all state class actions to the federal courts. This process will overload the federal courts, delaying the resolution of cases and making it more difficult for federal civil rights cases to be heard. The bill will also prohibit courts from granting settlements that award a named plaintiff a greater share of relief than is awarded to all other members of the class. In effect, this forces the named plaintiffs to forego full relief and compensation as the price for attempting to protect others in the class. The removal of state class actions to the federal courts, the backlog that will result, and the prohibition of granting full compensation to named plaintiffs will all serve to deter victims of discriminatory acts from filing class action suits. The changes that this bill attempts to make in the class action process will most seriously affect the marginalized and disadvantaged members of society, including women, as it seeks to deny them access to relief from discrimination and injury.
The legislation also attempts to decrease the role of local juries and judges in deciding whether or not a business should be held accountable for its discriminatory actions and policies. The areas in which proponents of the bill have expressed concern over the ability of juries to make responsible and reliable decisions are areas in which most of the citizens are Hispanic or African American. This further points to the attempts of the bill’s supporters to diminish the resources available to the disadvantaged members of our society.
Take action NOW at: www.capwiz.com/now/issues/alert/?alertid=1883431&type=CO.
The Columbus chapter of the National Organization for Women (NOW) meets 2nd Wed. 6:30- 8:30pm, program 6:30-7:45, business 7:45-8:30pm. Northside Branch Library on N. High Street. www.tgender.net/now/col/.
Civil rights laws are intended to protect victims of discriminatory policies, ensuring that they can obtain relief from unlawful practices. The so-called Class Action “Fairness” Act of 2003 threatens to unfairly prevent victims of discrimination from seeking legal justice. If this bill is enacted, women’s ability to seek redress in a court of law will be severely restricted.
If passed, the act will allow the removal of almost all state class actions to the federal courts. This process will overload the federal courts, delaying the resolution of cases and making it more difficult for federal civil rights cases to be heard. The bill will also prohibit courts from granting settlements that award a named plaintiff a greater share of relief than is awarded to all other members of the class. In effect, this forces the named plaintiffs to forego full relief and compensation as the price for attempting to protect others in the class. The removal of state class actions to the federal courts, the backlog that will result, and the prohibition of granting full compensation to named plaintiffs will all serve to deter victims of discriminatory acts from filing class action suits. The changes that this bill attempts to make in the class action process will most seriously affect the marginalized and disadvantaged members of society, including women, as it seeks to deny them access to relief from discrimination and injury.
The legislation also attempts to decrease the role of local juries and judges in deciding whether or not a business should be held accountable for its discriminatory actions and policies. The areas in which proponents of the bill have expressed concern over the ability of juries to make responsible and reliable decisions are areas in which most of the citizens are Hispanic or African American. This further points to the attempts of the bill’s supporters to diminish the resources available to the disadvantaged members of our society.
Take action NOW at: www.capwiz.com/now/issues/alert/?alertid=1883431&type=CO.
The Columbus chapter of the National Organization for Women (NOW) meets 2nd Wed. 6:30- 8:30pm, program 6:30-7:45, business 7:45-8:30pm. Northside Branch Library on N. High Street. www.tgender.net/now/col/.