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Special Thanks

June 22, 2007
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In a huge win for equal rights protection in the state of Delaware, SB 141 was voted to stay in committee on Wednesday, 6/20. I would like to give out special thanks to the following people:

Thurman Adams for having the strong moral fortitude for bravely assigning this bill to a committee that, not only had nothing to do with employment legislation, but also had enough opposition to the bill to ensure it never reached the floor. Good job, you disgusting bureaucrat!

John Still for his faith in the political process. “”This bill has now shown up in three different committees, some of which I haven’t served on, and it’s never gotten out. I’d say that shows the pro tem knows how to pick committees.” Let it be heard throughout the world that the skills of protecting a bill from the process of a democratic vote on the Senate floor is far more important to Mr. Still than equal rights in the workplace. This is a man of distinct and well-considered priorities.

Nancy Cook for keeping in touch with her constituents. “‘I am here to represent my constituents,’ Cook said. ‘I believe the majority of my constituents are opposed to the bill.'” It’s so heartening to hear that we have at least one Senator that believes she is in touch. A real woman of the people.

All of you, thanks so much for giving this piece of worthy legislation the hiding it deserves. All of you made yourselves part of what it means to be an American: making second-class citizens out of gays and lesbians. A worthier cause could not be imagined.

Oh and a special note of appreciation goes to Greenwood resident and former Delaware blogger Jordan Warfel.

“Gays are not made to sit at the back of the bus,” Greenwood resident Jordan Warfel said, calling the bill “socialism.”

Yes, gays and lesbians should not be unhappy about being refused the same workplace protections as other minorities, in fact, they should be thankful that we don’t treat them worse. Thanks, Jordan, for keeping your archaic and ignorant opinion out there!

6 Comments leave one →
  1. June 22, 2007 7:09 pm

    Great post bud. Great.

    these people have no idea what idiotry we see in their words, what abhorrence we have for their actions and what disgust we reserve for them. Period.

    The all need to step out, er, GET VOTED OUT.

  2. June 22, 2007 8:50 pm

    With Nancy 100% here.

  3. jason330 permalink
    June 23, 2007 6:23 am

    Joe, I made this comment at DWA – but it belongs here.
    John Still for his faith in the political process. “”This bill has now shown up in three different committees, some of which I haven’t served on, and it’s never gotten out. I’d say that shows the pro tem knows how to pick committees.”

    John Still is simply a vile lowlife.

    As for Nancy Cook – I think she has no idea what her constituents think. Her hayseed constituents have gay sons, brothers and uncles and sisters trying to make there way in the world just like everyone eles- but she is like your aged aunt who leaves a $2.00 tip no matter what the bill is because she worked out the fact that a $2.00 tip was a fair tip back in 1954 and never thought much about it after that.

    Likewise, any bill having to do with “the gays” is bad.

  4. June 24, 2007 8:55 pm

    This is going to be ugly, since it’s in the comments section, so apologies in advance.
    It’s not even as if the “small businesses will fail because of lawsuits” argument holds any merit. Let’s take a look at the Delaware Code, Article 19, Subchapter 2:
    § 712. Enforcement provisions; powers of the Department; administrative process.
    (a) The Department of Labor is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in §§ 711, 723 and 724 of this title. In connection with the performance of its duties, the Department may:
    (1) Investigate employment practices by permitting the Department to enter any place of employment at reasonable times; inspect and copy records or documents in the possession of the employer, the employment agency or labor organization; administer oaths, certify to official acts, take and cause to be taken depositions of witnesses; issue subpoenas compelling the attendance and testimony of witnesses and the production of papers, books, accounts, payrolls, documents, and records;
    (2) Make, revise or rescind such rules or regulations necessary or appropriate to administer or enforce this chapter in accordance with the provisions of § 10161(b) of Title 29;
    (3) Commence civil actions in Superior Court for violations of this chapter, any published regulations or for civil penalties provided herein.
    (b) The Department shall have jurisdiction over all cases arising under this chapter, affording review and oversight of employment practices in Delaware. The Department shall endeavor to eliminate unlawful discrimination in employment through its administrative process set forth below. This subchapter shall afford the sole remedy for claims alleging a violation of this chapter to the exclusion of all other remedies. Upon termination of the administrative process by the Department, the charging party may institute a civil action in Superior Court of the State of Delaware pursuant to §§ 714 and 715 of this title.
    (c) The administrative process requires the following:
    (1) Statute of limitation and filing procedure. — Any person claiming to be aggrieved by a violation of this chapter shall first file a charge of discrimination within 120 days of the alleged unlawful employment practice or its discovery, setting forth a concise statement of facts, in writing, verified and signed by the charging party. The Department shall serve a copy of the verified charge of discrimination upon the named respondent by certified mail. The respondent may file an answer within 20 days of its receipt, certifying that a copy of the answer was mailed to the charging party at the address provided.
    (2) Preliminary findings and recommendations. — The Department shall review the submissions within 60 days from the date of service upon the respondent and issue preliminary findings with recommendations. The preliminary findings may recommend:
    a. Dismissing the charge unless additional information is received which warrants further investigation;
    b. Referring the case for mediation requiring the parties’ appearance; or
    c. Referring the case for investigation.
    (3) Final determinations upon completion of investigation. — After investigation, the Department shall issue a determination of either “reasonable cause” or “no reasonable cause” to believe that a violation has occurred or is occurring. All cases resulting in a “reasonable cause” determination will require the parties to appear for compulsory conciliation. All cases resulting in a “no cause” determination will receive a corresponding Delaware Right to Sue Notice.

    That’s a lot of shit, but it basically tells us that, before any case is presented in court the Department of Labor must be tapped within 120 days of the alleged offense. The DoL then makes an investigation of the claim, where they have access to all documents an witesses, and they come up with a preliminary finding of “reasonable cause” or “no reasonable cause” within 60 days of when the complaint was filed.
    If there is reasonable cause , the DoL will compel both parties to meet for reconciliation. If there is no reasonable cause to think an offense has taken place, the accuser is then sent a Right to Sue document for a civil case.
    Let’s take a look at the section pertaining to civil action:
    § 714. Civil action by the charging party; Delaware Right to Sue Notice; election of remedies.
    (a) A charging party may file a civil action in Superior Court, after exhausting the administrative remedies provided herein and receipt of a Delaware Right to Sue Notice acknowledging same.
    (b) The Delaware Right to Sue Notice shall include authorization for the charging party to bring a civil action under this chapter in Superior Court by instituting suit within 90 days of its receipt or within 90 days of receipt of a federal Right to Sue Notice, whichever is later.
    (c) The charging party shall elect a Delaware or federal forum to prosecute the employment discrimination cause of action so as to avoid unnecessary costs, delays and duplicative litigation. A charging party is barred by this election of remedies from filing cases in both Superior Court and the federal forum. If the charging party files in Superior Court and in a federal forum, the respondent may file an application to dismiss the Superior Court action under this election of remedies provision. (74 Del. Laws, c. 356.)

    Basically, the aggrieved has the right to bring a civil suit against the company. However, the results of the DoL investigation are a matter of public record, and admissible evidence in the civil case. Anyone who was trying to hoodwink the legal process with a false civil suit at this point would be crazier than a basketball bat.
    What I’m trying to say with this, is that there is a procedure in the Delaware code to protect a business that has been investigated and found not to have committed an offense.


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