The Torah teaches that G-d does not show favoritism (Deuteronomy 10:17). G-d does not discriminate, and we are asked to emulate that example. This command is made explicit (Deuteronomy 16:19): People are to be treated equally. When it comes to procedural justice, all (even the poor) are to be treated equally: “You shall not favor the poor and you shall not honor the great” (Leviticus 19:15). However, when it comes to social justice (dealing with legislative matters rather than judicial matters), the vulnerable must be given extra support.
The Torah makes it particularly clear that people are to be treated equally in the workplace as well. The foreign worker who worked in an Israelite community (ger toshav) was granted all of the same rights as the Israelite worker: “One law and one manner shall be for you and the stranger that lives with you” (Bamidbar 15:14-16). Today, unfortunately, this value has not been emphasized enough on the legislative, corporate, or grassroots levels. This is particularly distressing since access to equal employment opportunities is such an integral aspect of securing financial stability, opportunities for education, social mobility, crime, drug and alcohol abuse, and a litany of other opportunities and issues that affect quality of life and social justice.
Seeking redress for discrimination is a long, arduous process, and opposition may come from the government as well as from management. Title VII of the Civil Rights Act of 1964 was the first effort undertaken by Congress to address discrimination by employers on the basis of race, color, religion, sex, or national origin. The measure ensured that employers could not make discriminatory decisions about hiring, firing, advancement, demotion, or wages without facing possible prosecution. In 1971 the Supreme Court, in Griggs v. Duke Power Co., held that when an employment practice has a disparate impact on minorities, that is the practice is “fair in form, but discriminatory in operation,” the practice violates Title VII. However, in the late 1980s the Supreme Court issued a series of decisions (Wards Cove and Patterson) that undercut victims of employment discrimination and their rights for filing complaints and opportunity for redress. Congress quickly acted to counter the Court’s rulings and enacted the Civil Rights Act of 1991, which reestablished the broad scope of Title VII protections. It is this sort of broad congressional action that we must demand to further guarantee that the vulnerable are protected in the workplace today.
“>$3.3 million in damages. However, in 2007 the Supreme Court nullified the award on the grounds that Ms. Ledbetter had filed suit too late. The Supreme Court reasoned that Title VII of the Civil Rights Act of 1964 requires employees to file a complaint within 180 days (6 months) “after the alleged unlawful employment practice occurred.” The Court calculated the 180 days to have begun running from the day Ms. Ledbetter had received her last discriminatory paycheck or raise denial, not the date she discovered that she had been discriminated against. Incredibly, the ruling encouraged businesses to cover up discriminatory pay for 6 months, and then they would be beyond legal redress. Undeterred, Ms. Ledbetter lobbied Congress, and in 2009 Congress passed the “>virtually dismantled the ability of workers to file class-action suits against large corporations (in one case, Wal-Mart). In short, the Court resurrected the old (more than 100 years ago) and discredited legal doctrine of “freedom of contract,” which presupposes that a worker with no financial resources is on an equal plane with a billion-dollar corporation in bargaining ability. Today, women must again look to Congress to bypass judicial obstruction. The “>29 states allow people to be dismissed from their jobs because of sexual orientation and in 33 states no laws exist that prohibit employment discrimination based on gender identification. The Employment Non-Discrimination Act (ENDA; S.815/H.R.1755) is a proposed solution to prohibit this discrimination and “level the playing field.” A recent poll showed that “>88 percent of Fortune 500 companies already have policies prohibiting any type of discrimination against gay and lesbian employees. “>Valley Beit Midrash, the Founder & President of “>The Shamayim V’Aretz Institute and the author of ““>Rav Shmuly one of the top 50 rabbis in America.”
