Hospitals & Asylums
In Memory of
Jose de Jesus Davila Duenas 21
Manuel Davilla Duenas 31
Lino Guardado Davila 45
Manuel Lopez Guardado 21
1. ABA Model Code of Judicial Conduct. 2004 ed.
2. ACLU. Race and Ethnicity in America: US Violations of the Convention on the Elimination of All Forms of Racial Discrimination. December 2007 pg. 37
3. Commission de.la Verdad y Reconciliacion. 28 August 2003
4. Committee on Migrant Workers. Report of Ecuador.
5. Committee on Migrant Workers. 7th Session. Geneva, 26 – 30 November 2007
6. Dignity and Justice for All. Human Rights Day. 10 December 2007
7. Emiliano Gonzalez, Director US Citizenship and Immigration Service v. Alberto Gonzalez, Attorney General HA-11-4-06
8. Guidelines on Discrimination Because of National Origin” 29 C.F.R. § 1606.7
9. Kelley, Eileen. Four slain men worked hard. Stopped showing up for work about 9 days ago, employer says. Cincinnati Enquirer. December 14, 2007
10. International Convention on the Elimination of All Forms of Racial Discrimination. 4 January 1969
11. International Convention on the Protection of the Rights of Migrant Workers and Their Families. 1 July 2003
12. Title VII of the Civil Rights Act of 1964
1. Jorge Lopez is entitled to be reinstated to his job as an installer with Time Warner. He has a wife and children to care for. He was employed in the capacity of installer for three months and was then laid off for, “not speaking English”. It is true his English is accented but it is understandable to anyone with a legitimate purpose and he is able to perform his job. Shortly before he was laid off Jorge installed the Internet in my new apartment. Because we had to wait for the landlady to deliver the key we had a lengthy conversation in Spanish and he gave me his email address and is subscribed to my newsletter that I hope he will use to perfect his English. When the decomposed bodies of four Mexican workers were found dead on the 133h of December, the day Time Warner was involved in the theft of two emails and I received a Christmas card from Time Warner that said, “the elves ate my cookies” and the Committee on Migrant Workers served the 7th Session held from 26 to 30 November 2007, I contacted Jorge.
2. Jorge had expressed concern for grave violation of human rights tried by the Commission de la Verdad y Reconciliacion of 28 August 2003 in his native country of Peru, that is now free of both revolutionary and government terrorism and their former dictator Fujimori is newly in jail, apparently justly although I hope not for long because people have to respect the indignity of having to go to their own trial for a long time, so I thought he would be interested. He responded to thank me for the kindness of reporting the news in his interest but informed me that he had been laid off after 3 months. I am therefore writing this complaint under Arts. 7, 9 & 55 of the International Convention on the Protection of the Rights of Migrant Workers and Their Families of 1 July 2003 to ensure non-discrimination with respect to rights whereas workers who have been granted permission to engage in a remunerated activity, subject to the conditions attached to such permission, shall be entitled to equality of treatment with nationals in the exercise of that remunerated activity and that the right to life be protected by law. Jorge’s English has not gotten worse since he was hired. He is perfectly able to perform the duties he was hired to do and is entitled to equal treatment with people who speak only English working for Time Warner.
3. I am sure that Time Warner will reconsider their decision to lay off Jorge whereas it is obvious that their seemingly harmless media born discrimination caused the community to leave the protection of the Convention on Migrant Workers to witness the horrors opposed by the International Convention on the Elimination of All Forms of Racial Discrimination of 4 January 1969. Art. 1(1) of the Convention on the Elimination of All Forms of Racial Discrimination mandates the eradication of racial discrimination. The article defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” The definition of racial discrimination includes indirect discrimination. The test of discrimination is whether actions have an “unjustifiable disparate impact” upon a minority group. Thus member states must ensure that racial equality exists both de jure and de facto, and extends to citizens and non-citizens alike. ACLU. Race and Ethnicity in America: US Violations of the Convention on the Elimination of All Forms of Racial Discrimination. December 2007 pg. 37
4. The Cincinnati Enquirer reported, they lived a sparse existence, sleeping on mattresses on the floor with little other furniture in an apartment that fetches about $700 a month. The men worked for Abc Precision Masonry & Concrete Inc. in Mason and hadn't shown up since Dec. 4. For the past two years, the men could be seen getting into a car and dutifully heading off to work before 8 a.m. each day. Around the large complex, they were simply known as "The Mexicans." Sharonville police were asked to do a wellness check on the four men, found themselves in the middle of a crime scene. The bodies of the men were found in their apartment, heavily decomposed. One was found in the hallway inside the unit, the others in two of the bedrooms. The deaths of the men at the Timber Ridge Apartments were homicides, Hamilton County Coroner O'dell Owens said. Owens did not release the identities of the men but said they were Hispanic. Both he and police suggested that it would take time to track down families. There were signs of violence and struggle, police said. Early indications suggest that the men were stabbed to death, not shot. The deaths are the second, third, fourth and fifth homicides for the city of roughly 14,000 residents this year. Last year was homicide-free. Investigators are looking for a purple Plymouth Voyager minivan with Ohio license plate EFL 6029 thought to have been owned by one of the men. The similarity between the license plate number between the Time Warner “Elf” Christmas card and my phone number 513-281-3029 and two telemarketing calls, is too glaring to ignore the smoke pouring out of Canon 1 pertaining to the integrity and independence of the judiciary of the ABA Model Code of Judicial Conduct and the gaping hole in the Feliz Navidad indicating an unjustified disparate impact on the Spanish speaking community.
5. The Committee on Migrant Workers encourages State parties to take the necessary measures to guarantee to migrant workers and members of their families the right to form, and to form part of the executive bodies of, associations and unions, in accordance with article 40 of the Convention as well as with ILO Convention n° 87 concerning Freedom of Association and Protection of the Right to Organise for the promotion of sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families. In Cincinnati and all of Ohio there was a massive crackdown on immigrants that made a significant impact on the immigrant population. The immigrant community was never very large in Ohio and therefore not able to effectively organize in response to the crackdown on undocumented aliens. As the result of the Sheriff led anti-migrant politics a significant percentage of the immigrant community was disappeared, ostensibly by deportation, now it is very rare to see a Latino or migrant on the street. A legitimate political organization is definitely needed to defend the rights of migrant workers and their employers in Ohio that is capable of reviewing all the deportation decisions, organizing labor and cutting through the red tape and bribery of Citizenship Immigration Service and reporting on the statistics pertinent to the immigrant community in Ohio counties under Emiliano Gonzalez, Director US Citizenship and Immigration Service v. Alberto Gonzalez, Attorney General HA-11-4-06
6. What seems to have occurred is that Jorge’s supervisor, inspired by a debate in the newspapers regarding the EEOC's position on English-only policies that is set forth in its “Guidelines on Discrimination Because of National Origin” at 29 C.F.R. § 1606.7, and perhaps indirectly by the racial discrimination of the local judiciary, came to the conclusion that it is not a violation of to fire Mr. Mendez for “not speaking English”. The Guideline states, if an employer adopts a rule requiring employees to speak only English “at all times” in the workplace, the EEOC “will presume that such a rule violates Title VII of the Civil Rights Act of 1964, which prohibits national origin discrimination, and will closely scrutinize it” exceeded the protection of the convention. Whereas I spoke Spanish with Jorge, while he was working, so shortly before he was fired, I bear responsibility for his violation of the rule against speaking Spanish in the workplace. I am also guilty of using the wrong US mailbox on Court St on the 3rd although the cemetery of their victims may be more populated than their jail. There had been a great deal of discussions in the press at the time regarding these guidelines and without the guarantee of an independent judiciary, the supervisor made a rash decision, that we now hope to redress.
7. Title VII lawsuits are filed with the Equal Employment Opportunity Commission (EEOC), and the latter may refer cases to DOJ. DOJ typically receives 500 referrals per year, and after review, files suit on about 10 to 14 of them. These cases are brought under the disparate treatment theory, which requires the plaintiff to prove intent to discriminate. If an employer has a rule requiring that employees speak English “only at certain times,” the EEOC will consider the rule permissible only if it can meet the stringent standard of “business necessity”. While Mr. Mendez’s English is not exactly fluent he is perfectly able to perform the duties he was hired for. Jorge can hold a polite conversation, discover the whereabouts of the cable box, fill out the forms and report the numbers to the dispatcher. It would seem that the enforcement of English only rule by Time Warner exceeds the standard of “business necessity”.
8. It is hoped that Time Warner will rehire Jorge to redress the racial discrimination that they did not intend to take part in, without further ado. To bury the Mexicans with dignity it is hoped to petition the Department of Justice via the EEOC and report their names to the press after having verified if they were also victims of a falsification of records at the Hamilton County Clerk’s Office. To defend the secrecy of Cincinnati Time Warner Cable from future infringement of the judiciary Time Warner is referred to the counsel of Cincinnati Regional State Treasury Rep. Terry Tranter Esq. whereas the secrecy of correspondence is every bit as sacred as bank secrecy. Thus we seek the reinstatement of Jorge Lopez to his job as Time Warner Cable installer, so we would all be dismissed from the Court for Christmas.
Sanders, Tony J.
Equal Employment Opportunity Commission
email@example.com (not working)
Eileen Kelley, Cincinnati Enquirer
Terry Tranter Esq., Cincinnati Regional Treasury Representative
Senator Eric Kearney
Committee on Migrant Workers
Thanks for your help, i didn't expect it. Your words make me feel better, i worked like a cascom inc. contractor time warner since the firts week of september until the december 6th. Friday 7th i arrived the office looking for my work routes, like everyday and i got the big surprised that i didnt have any, and the manager called me to the office, and he told me that i wasnt eligible to work at time warner anymore, when i asked why he answered '...because of your english'. this new made me feel bad in many ways, but im conscious that i dont speak english good enough and he asked me if i still wanted to work in the office of cascom and that i couldnt go to the field, since time warner doesnt aloud this. and that he gives me that opportunity because he consideres me as a good worker. Because i didnt have any other choice i agreed. i have to recognize that i miss the field since my skills are of a cable and telephone technician. i am honest and conscious of my bad english, but i consider that the most important thing is communicate with the clients, and i could do so in all of my jobs and 98%of all the clients i worked with were very satisfied with my job. time warner was very harsh with me according to my own opinion, without a previous warning they fired me, as you see i was very confused and if you think you could help me, i would be very glad and thankful. I wouldn't like to have any problems with them either. Feliz Navidad and i hope to hear from you soon, and again thank you very much.
Jorge F. Lopez