WHEREAS:
Those who created our justice system sought to bring balance between the powerful and the powerless by providing all Americans, including workers, the right to seek justice in a court of law when harmed by business, government, employers or others; and
WHEREAS:
The right to sue has been a vital tool for protecting fundamental rights such as equal opportunity for women and minorities; and
WHEREAS:
The right to sue has enabled workers to hold accountable those who cheat them of their pay, raid their pensions or expose them to hazardous conditions and substances on the job; and
WHEREAS:
Republican leaders in Congress, along with the Bush Administration, are working with the Chamber of Commerce and other business interests to take away the legal rights of ordinary Americans by passing new laws that would tilt the justice system towards the powerful at the expense of the powerless; and
WHEREAS:
One bill, the so-called Fairness in Asbestos Injury Resolution, would deprive victims of asbestos-related disease, acquired from workplace exposure, their right to seek redress in court without providing an adequate alternative process that would assure these victims fair and timely compensation; and
WHEREAS:
While an estimated 10,000 Americans died of asbestos-related diseases in 2003 and millions more will suffer or die in the future, much of the industry is pushing to enact this legislation in order to severely limit their financial liability at the expense of the victims of asbestos-related diseases; and
WHEREAS:
Another bill, the so-called Class Action Fairness Act, would limit the ability of workers to join together in class action lawsuits to challenge employers who systematically violate their rights, like Walmart, which is being sued in several states for violating overtime pay laws and for forcing workers to work off the clock; and
WHEREAS:
The effort to limit the right to sue would lead to more misconduct by employers and business interests who would feel emboldened to violate workers' rights, knowing that the chance of being successfully challenged were limited.
THEREFORE BE IT RESOLVED:
That AFSCME actively work to oppose the Fairness in Asbestos Injury Resolution Act, the Class Action Fairness Act and other legislation that would slam shut the courthouse door on workers and their families.
SUBMITTED BY:
Sherryl Gordon, Executive Director and Delegate
AFSCME Council 1
New Jersey