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RIGHTS STUFF
A Publication of the Bloomington/Monroe County Human Rights Commission
July 2023 Newsletter
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Featured in this Newsletter:
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Community and Local News
- Rev. Forrest Gilmore and MCCSC Equity Ambassadors Awarded the 2023 Human Rights Awards
Get to Know Your BHRC: Erin McAlister
In July, We Celebrate...
New Legislation
- Pregnant Workers Fairness Act
Child Labor Violations
- 14 California Locations of Subway Restaurants Facing Child Labor Law Violations
- Sonic Drive-In Restaurants Charged with Over 170 Child Labor Violations in Nevada
National Origin Discrimination
- Florida Nursing Home Sued After Rescinding Job Offer to Haitian Woman
Age Discrimination
- Texas Car Dealership Sued for Age and Disability Discrimination
- New Jersey Electrical Contractor Sued for Age Discrimination
Disability Discrimination
- Munster, Indiana Hospital Sued for Disability Discrimination
- City of Dayton Reaches Settlement in Disability Discrimination Case
Sexual Orientation Discrimination
- New York Pizzeria Charged with Harassing a Transgender Employee
Sex Discrimination
- Ohio Plastics Manufacturer Settles Sex Discrimination Suit in Excess of $250,000
- Michigan Farming and Produce Supplier Sued for Sexual Harassment
Fair Pay
- Chicago Gaming Parlor Chain Settles Pay Discrimination Suit for Nearly $93,000
- California Vineyards Ordered to Pay Nearly $361,000 in Penalties and Back Wages
Racial Discrimination
- Former Owner of Domino's Pizza Franchise Settles $150,000 Racial Harassment Lawsuit
Book of the Month
TED Talk
Newsletters Galore!
Complaint of Discrimination
Commission/Staff
- About the Commission
- Upcoming Meetings
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Rev. Forrest Gilmore and MCCSC Equity Ambassadors Awarded the 2023 Human Rights Awards
The Bloomington Common Council welcomed Human Rights Award Winners Rev. Forrest Gilmore and MCCSC Equity Ambassadors in the June 6 meeting. BHRC Chair Ryne Shadday presented recipients with their awards in Bloomington City Council Chambers on behalf of the BHRC. Judy Owens, nominator for Rev. Gilmore, outlined "his dedicated work in serving and empowering Bloomington's homeless and at-risk population," proving him worthy of the affirmative vote for a single nominee by the Bloomington Human Rights Commission. As stated by Shadday in the awards ceremony, “the people of Bloomington, and beyond, have a lot to be thankful for [in] Reverend Gilmore…. We can all be thankful that this person calls Bloomington his home.”
This year, in addition to the award for a single nominee, the Commission voted to award MCCSC Equity Ambassadors with a group award. “You can achieve and do great things, along with bringing about change in society. And that change begins right here with the work you are doing in our schools in the community you live in,” remarked Shadday during the presentation of this award. Kirstin Milks, the nominator for the group of MCCSC high schoolers, stated a level of passion the students have shown in creating and enacting a new racial equity policy to be enacted throughout the school system, calling them "a worthy group of young people." Please join us in congratulating our 2023 Human Rights Award winners, as well all nominees.
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Get to Know Your BHRC: Erin McAlister | |
 |  | After growing up in a small, southern Indiana town, Commissioner Erin McAlister graduated from IU with a Bachelor’s Degree in Sociology and African-American Studies and received a Certificate in African Studies. She then left in search of international human rights work and more diversity on the east coast. She lived in the greater Washington, D.C. area for over 15 years and had the opportunity to live in and travel to nine countries on the African continent for approximately two years. She worked with the Robert F. Kennedy Memorial Center for Human Rights, facilitated the Sudan Working Group (including Human Rights Watch and Amnesty International), the United Nations (UNIC, UNEP, and UNDP), and Johns Hopkins Medical Institutions. She attended the World Conference Against Racism in Durban, South Africa in 2001, representing the RFK Center. While living in the D.C. area, Erin became the mother of three children, Max (17), Myles (13), and Mariah (11). Though she had planned never to return to Indiana, as a single mother with three young children, the escape from domestic abuse made returning to her home state a necessity. After spending several years focusing on healing the trauma and wounds her children experienced, she returned to the work she’s most passionate about – human rights. She is currently serving as the Vice-Chair of the BHRC and the Director of Operations for My Sister’s Closet of Monroe County and is a Reiki Master Practitioner.
Why did you want to serve on the BHRC?
I have worked in the field of human rights for most of my life, working for reputable organizations such as the Robert F. Kennedy Memorial Center for Human Rights, Sudan Working Group, and the World Resources Institute and collaborating with United Nations agencies (UNIC, UNDP, UNEP) and the World Bank. In various capacities, including the appointed facilitator of the Sudan Working Group, I led coalitions of non-profit and non-governmental organizations, such as Human Rights Watch, Amnesty International, and the UN. In my personal time, I participated in advocacy work on Capitol Hill and in protests throughout DC and volunteered for the Ethiopian Community Development Corporation & the Movement for the Survival of Ogoni People, helping people affected by war and discrimination, including the Lost Boys of Sudan and the Ogoni People in the Niger Delta. I represented the RFK Center at the World Conference Against Racism in South Africa in 2001 and visited 8 other countries within 4 separate trips to the African continent.
My work paused while raising 3 children as a single mom. Once my children were old enough and had both observed and been a victim of racial discrimination, I had a strong desire to return to the work about which I'm most passionate. Joining the BHRC and becoming Director of Operations for My Sister's Closet of Monroe County has allowed me to continue work in this field.
I believe that my personal and professional experiences are such that I can make positive contributions to the BHRC and the Bloomington community more broadly. I look forward to being able to do more public education and outreach.
What are the issues you wish to address?
I am passionate about virtually all human rights issues. If there is a group who is being discriminated against, I feel that it is my duty to stand alongside them and add my voice to theirs in whatever way is most needed at any point in time. That said, due to my education, professional background, and personal experiences, racial discrimination, and the rights of women (especially single mothers in poverty) and children are most important to me. I believe that we in Bloomington have significant work to do as far as public education and more appropriate responses to incidents of discrimination in our community.
What else do you do in your job/life that is relevant/connected to the work on human rights?
Professionally, I currently work with My Sister's Closet of Monroe County as the Director of Operations. In this capacity, I advocate for the rights of women, particularly single mothers in poverty and whom have experienced all kinds of trauma and challenges. As a single mother of biracial children, I also have sought out opportunities to have open dialogue with teachers, educators, and my children's friends about the racial incidents they have observed and personally experienced. Also, personally, I seek out friendships and groups that are diverse and support human rights efforts in the community, as often as I can.
What makes the city of Bloomington a great place to live for you?
I loved Bloomington as an IU college student. So, when I had to return to Indiana because of domestic abuse, after being away for 17 years (in 9 African countries and the Washington DC area), Bloomington was the best choice for my three young children and me. It provides a bit more diversity than other parts of the state and offers a lot of cultural events and community support. With children, who were used to a large city with significant African-American and international populations, Bloomington seemed to provide the best of both worlds.
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Independence Day - July 4
The 33rd Anniversary of the Americans with Disabilities Act - July 26
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Join us on July 4!
247 years ago, our forefathers passed the Declaration of Independence and our wonderful nation was born. In 1777, Philadelphia organized the first official celebration of Independence Day and ended the celebration with a display of fireworks and thus a tradition unfolded. July 4 became an official Federal Holiday in 1870, with the provision to pay federal employees for this holiday coming into play in 1941. Though it wasn’t always a day to stay home and barbeque, we still celebrate this holiday in many of the same ways as our ancestors: speeches, ceremonies, parades, and fireworks! We couldn’t be happier to celebrate with you, so be sure to come see our Commissioners in Bloomington’s Annual Fourth of July Parade!
For more information: bloomington.in.gov/parks/events/fourth-of-july-parade
and history.com/topics/holidays/july-4th
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The ADA Turns 33 on July 26!
On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act into law, prohibiting discrimination against individuals with disabilities in all areas of public life. The five sections of the ADA’s reach (Employment, State and Local Government, Public Accommodations, Telecommunications, and Miscellaneous Provisions) ensure that anyone with a disability has the opportunity to enjoy equal access to the world. Whether you find yourself on a playground, in a grocery store, or riding a bus—the ADA’s existence ensures that anyone with a disability can also enjoy that space! How can you help us celebrate?
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Use the hashtags #ThanksToTheADA and #ADA33 on social media to share what the ADA means to you
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Visit www.adaanniversary.org to find ways to celebrate and advocate within your community
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Tune in for an episode of ADA Live!, a free monthly show broadcast on the internet.
- Come to the local celebration! The Council for Community Accessibility will be celebrating the 33rd Americans with Disabilities Anniversary. It's going to be on Saturday, July 29th, from 9:00 a.m. – 12:00 p.m., at the City Hall, Fernandez Plaza (next to Farmers' Market). The Council for Community Accessibility, Monroe County Public Library, Stone Belt, Indiana Institute for Disabilities and Community, Down Syndrome Family Connection, SICIL, Special Olympics, Johnson Christian Village, the Bloomington Human Rights Commission, and others will be there with games, activities, information, and more. The Wheelie Women from the MALL (Mobility Aids Lending Library) will be there, as well, to determine what mobility aids might work best for someone in need. Come, do some of the activities and games, get a cookie from Baked!, and talk with people with disabilities and those that support them.
For more information: adata.org/ada-anniversary
*ADA Graphic courtesy of: ADA National Network (adata.org)
1-800-949-4232
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Pregnant Workers Fairness Act
On June 27, the Pregnant Workers Fairness Act was officially put into effect by the EEOC, requiring employers with 15 or more employees to provide “reasonable accommodations” to workers experiencing pregnancy, childbirth, or related medical conditions. If it does not cause an undue hardship on the employer, the accommodation is now covered under the PWFA. Examples of pregnancy-related accommodations include modifying food/drink policies for affected employees, providing a stool for employees who would normally be expected to stand, and modifying shift hours to accommodate conditions, such as morning sickness or fatigue. Additional regulations surrounding this act will take effect on December 29, 2023, until which time the Act is still in effect and the EEOC welcomes feedback and questions from workers and employers alike!
For more information: tinyurl.com/PregnantWorkersAct
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14 California Locations of Subway Restaurants Facing Child Labor Law Violations | |
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The U.S. Department of Labor has obtained a preliminary federal court injunction forbidding 14 locations of Subway, a popular restaurant chain, from violating child labor laws, threatening and retaliating against workers, and obstructing a federal investigation. This injunction comes after allegations were made regarding employees as young as 14 being directed to operate dangerous equipment and work longer and later hours than are permitted by law, as well as the owner issuing hundreds of bad payroll checks, failing to pay employees on a regular basis, and keeping tips left by customers. Allegations have also arisen claiming that the owner of the affected locations has interfered with the Department of Labor’s investigation in multiple ways. Unpaid wages are estimated to total over $265,000, not including the bad check fees incurred by the banks of employees who have cashed or deposited their payroll checks into their accounts.
For More Information: tinyurl.com/SubwayChildLabor
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Sonic Drive-In Restaurants Charged with Over 170 Child Labor Violations in Nevada
The U.S. Department of Labor has found over 170 child labor violations in six Reno-area Sonic Drive-In locations. Children as young as 14 were forced to work longer and later hours than permitted by federal child labor regulations and were assigned to operate manual deep fryers, which are considered hazardous machines and are prohibited for children under the age of 16 to operate. The DOL ordered the operator of the affected locations to pay over $71,000 in civil penalties, nearly $300 in back wages and liquidated damages for two young workers previously denied overtime pay. It was also determined that the company hired one employee under the legal working age of 14 years old, in conjunction with over 15,000 other children employed in violation of child labor regulations.
For more information: tinyurl.com/SonicChildLabor
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NATIONAL ORIGIN DISCRIMINATION | |
Florida Nursing Home Sued After Rescinding Job Offer to Haitian Woman | |
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A nursing home in Hobe Sound, Florida, has found itself at the center of a lawsuit claiming discrimination on the basis of national origin after an applicant’s job offer was rescinded. The Haitian applicant was asked to meet with the company's owner after she accepted the position, a meeting that included the owner, voiced worries that the applicant would show favoritism to other Haitian employees and that Haitian rituals and voodoo would come into the workplace. The day after this meeting occurred, the applicant’s job offer was rescinded. The EEOC is seeking monetary damages for the prospective employee, including front pay, compensatory and punitive damages, and injunctive relief to prevent the companies from further discriminatory actions.
For More Information: tinyurl.com/EEOCvHobeSoundNursing
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Texas Car Dealership Sued for Age and Disability Discrimination | |
Pete’s Car Smart, in Amarillo, Texas, has allegedly discriminated against a woman based on her age and disability. According to the suit filed by the EEOC, the 18-year employee underwent heart bypass surgery in 2021 and, before she could return from her temporary leave of absence, the owner made several derogatory remarks about her age and health, including giving her the ultimatum stating she needed to retire or she would be fired. The EEOC is seeking back pay, reinstatement or front pay, compensatory and punitive damages, and injunctive remedies prohibiting further discriminatory behavior.
For More Information: tinyurl.com/EEOCvTexasCarDealership
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New Jersey Electrical Contractor Sued for Age Discrimination
Hatzel & Buehler, Inc. has been sued by the EEOC for discriminatory hiring and recruiting practices. Workers aged 40 and over were passed over for project manager and estimator positions in the company’s New Jersey branch. The vice president who requested these practices be implemented also allegedly discriminated against this age group in recruitment efforts and failed to retain applicant and onboarding records, violating federal law. Pre-litigation settlement efforts proved to be unsuccessful and the EEOC is actively pursuing this case.
For more information: tinyurl.com/HatzelBuehlerAgeCase
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DISABILITY DISCRIMINATION | |
Munster, Indiana Hospital Sued for Disability Discrimination
The EEOC has filed suit against Munster Medical Research Foundation, Inc. for failing to accommodate an employee with a disability. A registered nurse, who had been injured and was given lifting restrictions, was terminated due to her injury. The employee had expressed interest in several vacant positions for which she was qualified, but the hospital, operating under the name of Community Hospital, terminated her rather than provide the accommodation. The EEOC is seeking back pay, compensatory and punitive damages, and other relief, such as an injunction to prevent further discriminatory acts.
For More Information: tinyurl.com/EEOCvCommunityHosp
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City of Dayton Reaches Settlement in Disability Discrimination Case
The Department of Justice has reached a settlement with the City of Dayton, Ohio in a disability discrimination case concerning the Dayton Police Department (DPD). DPD officers were charged with discrimination after making a traffic stop and forcibly removing a paraplegic man from his vehicle to conduct a drug search using a dog, causing injury to the complainant. According to the investigation, the Complainant informed the officers of his disability and informed them that he did not have a wheelchair in his vehicle and was therefore unable to exit the vehicle as requested. The Complainant requested a supervisor be contacted to advise the officers on a proper course of action. The officers did not call a supervisor, pulled the man out of his vehicle, threw him on the ground, handcuffed him, and dragged him to the police car, causing injury to the Complainant.
In addition to general relief requiring the DPD to comply with and implement amended policies to ensure compliance of ADA regulations, the DPD agreed to provide ADA-specific training to all police officers and submit semi-annual written reports to the United States regarding all aspects of the agreement.
For More Information: tinyurl.com/DOJDaytonOhio
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SEXUAL ORIENTATION DISCRIMINATION | |
New York Pizzeria Charged with Harassing a Transgender Employee
T.C. Wheelers Bar and Pizzeria has been charged by the EEOC after an owner harassed a transgender employee. The owner of the Tonawanda, New York, restaurant repeatedly harassed a transgender male employee by making insulting remarks, asking offensive questions about the employee’s gender transition, and engaging in and allowing employees and patrons to misgender the employee. After several complaints to management about the harassment, the employee was forced to quit to escape the behavior and toxic work environment. The EEOC is seeking back pay, compensatory and punitive damages, and injunctive relief to prevent further discriminatory actions.
For More Information: tinyurl.com/NewYorkPizzeriaCase
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Ohio Plastics Manufacturer Settles Sex Discrimination Suit in Excess of $250,000 | |
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A plastic bottles and containers manufacturing company has agreed to pay $252,768, along with other relief, to settle a sex discrimination suit charging that female employees were not hired or promoted to fill positions as machine operators. Pretium Packaging, LLC told female employees interested in the position that they were not eligible, while selecting less-qualified male employees and external applicants for the position. Personnel records were also found to be maintained. The two female employees who applied for the operator positions and were not selected for interviews will be paid over $125,000, while female employees who may have been interested in the position will be paid $2,500 each. Pretium will also establish a $75,000 scholarship with the Ohio Chapter of Women in Manufacturing, as well as interview graduates from the program to fill such positions as machine operators, supervisors, and managers.
For More Information: tinyurl.com/PretiumPackagingSexDisc
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Michigan Farming and Produce Supplier Sued for Sexual Harassment
Pero Family Farms Food Company’s Benton Harbor location has been sued by the EEOC for subjecting a female employee to harassment based on her sex. A forklift driver, with whom the affected employee had a previous relationship, made continuous threatening, discriminatory, and harassing comments to the employee. When the employee complained to management, the forklift driver was moved to a different shift and counseled regarding his behavior. When this did not stop the harassment, the national Human Resources director was confronted by the employee and responded by telling her that she would need a restraining order. After a protective order was issued, the forklift driver was terminated but remained eligible for rehire. The EEOC is seeking compensatory and punitive damages.
For More Information: tinyurl.com/EEOCvsPeroFarms
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Chicago Gaming Parlor Chain Settles Pay Discrimination Suit for Nearly $93,000 | |
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Female district managers of Lacy’s Place, a company that owns and operates over 30 video game parlors in Illinois, were found to have been paid less than their male counterparts for at least five years. A female manager who complained of this disparity was also fired in retaliation for her complaint. In addition to $92,964 in monetary relief, the four-year consent decree requires the company to develop and implement a written policy that prevents sex-based pay discrimination and retaliation in the future, conduct anti-discrimination training, and conduct a pay equity study of current pay rates for members of a district management team. Additionally, written reports must be submitted to the EEOC every six months.
For More Information: tinyurl.com/LaceysPlacePaySettlement
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California Vineyards Ordered to Pay Nearly $361,000 in Penalties and Back Wages
The U.S. Department of Labor conducted an investigation of two farm labor contractors in California that resulted in the findings of several violations, including child labor, failure to pay wages, retaliation against migrant workers, and unsafe working conditions. Next Crop Inc., Noble Vineyards Management Inc., and Pebble Ridge Vineyards & Vine Estates LLC were among the companies investigated and each of the three companies were found to have numerous violations. Nearly $232,000 in civil money penalties and over $129,000 in back wages were recovered for over 350 agricultural workers.
For More Information: tinyurl.com/VineyardPaySettlement
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Former Owner of Domino's Pizza Franchise Settles $150,000 Racial Harassment Lawsuit
Parris Pizza Company, LLC has settled a racial harassment suit that began in at least 2019 when the company allowed Black employees to be harassed by White coworkers. Two shift managers regularly and openly used racial slurs during every shift, at one point even mocking a slave owner and calling a Black employee “boy.” The Olean, New York franchise owner was made aware of these issues and failed to take action, causing one employee to resign. The lawsuit was settled with a five-year consent decree, requiring the company to pay $150,000 to the affected employees and send an apology letter to all former employees. Even though the franchise is no longer operational, the consent decree does state that any new business ventures embarked upon during the five-year period of time will require the implementation of very strong anti-discrimination policies and training of federal anti-discrimination laws for all employees.
For more information: tinyurl.com/EEOCvParrisPizza
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After the Miracle
by Max Wallace
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Though the name Helen Keller may ring very familiar to most of us, few of us are aware of her amazing efforts to advocate for all human rights. Max Wallace brings Keller’s progressive efforts to fight for social justice to the reader’s attention in the first major biography of Keller in decades. As Publisher’s Weekly states in its review, the “meticulous research and the author’s nuanced perspective make this an enlightening study of Keller’s fierce commitment to justice. Kirkus agrees in its review, stating the book gives the reader “a fresh look at an international icon, offering new perspectives on her life and work.”
For More Information: tinyurl.com/AfterTheMiracleBook
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"Reflections from an ADA Generation"
by Rebecca Cokley
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Rebecca Cokley delivers a powerful message as she breaks down the Americans with Disabilities Act and how it has affected the lives of the entire country. By providing firsthand knowledge and personal stories, as well as highlighting those of well-known cultural icons, Ms. Cokley brings the gravity of the importance of the ADA in the lives of every single American. By bringing the viewer’s attention to amazing and empowering accounts of individuals who never would have been able to enjoy life to the fullest without this law, Ms. Cokley keeps the attention of the viewer. The problem of ever-present ableism is brought to the table as Ms. Cokley advocates for additional change and calls the entirety of her audience to action.
Watch the TED Talk: tinyurl.com/TedTalkByRebeccaCokley
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The City of Bloomington's Community and Family Resources Department has a plethora of newsletters for its various programs, in addition to Rights Stuff. From a newsletter for the Council of Community Accessibility to a newsletter dedicated to Global Youth Service Day, there's something for everyone! Check them all out on a list from which you can select and subscribe!
Subscribe: tinyurl.com/cfrdnewsletters
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Complaint of Discrimination | |
How Do I File a Complaint of Discrimination? | |
About the Commission/Staff | |
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The mission of the Bloomington/Monroe County Human Rights Commission is to enforce the Bloomington and Monroe County Human Rights Ordinance in a fair and timely manner, to educate community members about their rights and responsibilities under various civil rights laws and to advocate for changes in policies and law. The BMCHRC is also responsible for ensuring covered bidders comply with the City's affirmative action requirements and for issuing reports on bias incidents and hate crimes in our community.
The BMCHRC is made up of seven volunteer commissioners, three appointed by the mayor, two by the common council, and two by the county commissioners. They all serve two-year terms. The commissioners oversee the work of the BMCHRC and make policy decisions. When a complaint is filed with the BMCHRC, one of the commissioners investigates the complaint, along with the director. The BMCHRC staff is made up of a director and an assistant.
Current City of Bloomington Commission Members:
- Byron Bangert
- Carolyn Calloway-Thomas, Secretary
- Valeri Haughton-Motley
- Eric McAlister, Vice Chair
- Tonda Radewan
- Ryne Shadday, Chair
- Emma Williams
Current Monroe County Commission Members:
- Byron Bangert
- Doris Parlette
- Susan Gray
- Eric Sader
- Kathleen Sideli
Staff:
- Michael Shermis, Director
- Ashley Sparks, Assistant
Look over information about Bloomington/Monroe County Human Rights Commission, including meeting minutes and agendas, or contact Human Rights Commission Director Michael Shermis at human.rights@bloomington.in.gov or 812.349.3429.
BMCHRC
P.O. Box 100
Bloomington, IN 47402
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Commission meetings are on the third Mondays of the month and are open to the public. Please join us! Meetings are held in the Hooker Room (401 N. Morton Ave.) and online via Zoom if requested in advance. Contact human.rights@bloomington.in.gov for the Zoom link (please provide a couple days warning, though).
- Monday, July 17, 2023, 5:00 p.m.
- Monday, August 21, 2023, 5:00 p.m.
- Monday, September 18, 2023, 5:00 p.m.
We look forward to seeing you! For more information....
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City of Bloomington | Bloomington Human Rights. Commission | 812-349-3429
human.rights@bloomington.in.gov | bloomington.in.gov/boards/human-rights
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