From left to right: Victoria Wilson, Yana Garcia, Clarissa Fernandez, Vivian Hernandez, Ariana Flores

Clarissa Fernandez
I am originally from a small ranching community in the outskirts of Laredo Texas. I have recently completed my second year of law school at Texas Tech University School of Law, and I am eager to begin working for the Paso Del Norte Civil Rights Project (PDNCRP). I received my bachelor’s degree in Criminal Justice and Criminology from the University of Texas at Arlington, and I hope to utilize my degree by pursuing criminal law/civil rights related endeavors. I chose to intern with the PDNCRP because I have a sincere desire to elevate my community and the people within that community through the law. I am a strong believer that knowledge is power, and this organization maintains the perfect balance of litigation and community outreach. Some of the accomplishments I wish to pursue while working for PDNCRP include: observing court proceedings; drafting motions and petitions; informing the community about their civil rights; and acquainting myself with the El Paso community.

Ariana Flores
I just finished my first year at University of Washington Law School in Seattle. I am a Gates Public Service Scholar at UW, which means that I have committed to using my legal education to practice public interest law. I decided to work at Paso Del Norte Civil Rights Project for a number of reasons. Primarily, I was impressed by the organization’s combination of impact litigation, direct service, and organizing work in the areas of economic justice, civil rights, and advocacy for survivors of various forms of violence. I plan to practice in the realm of immigrants’ rights, and wanted to be near the border to better understand the issues that immigrants experience day to day. Finally, I am originally from Corpus Christi but have lived outside of the state for the past ten years. I wanted to contribute to an organization whose mission is to improve the civil rights situation in my home state.

Yana Garcia
I’m originally from Oakland California and grew up there as well as in Oaxaca Mexico where I lived as a child. I graduated from the University of California at Santa Cruz with a BA in Politics after which I moved to Minnesota to take my first job out of college far away from home. For the first two years after finishing my undergraduate degree I worked as an organizer and project coordinator of renewable energy projects on Native Reservation communities throughout the country as well as in Mexico. It was through this work with a national organization called Honor the Earth, that I was inspired to explore a possible legal career. My goal in law school has been to gain knowledge and tools that will enable me to continue working with indigenous communities in the U.S. and elsewhere to improve, maintain and protect access to resources that are rightfully ours to preserve for future generations. At Northeastern School of Law in Boston Massachusetts I have become interested in exploring international human rights law and civil rights litigation in the area of Environmental Justice as well as Immigration and Labor law as they impact undocumented people in this country who are often also of indigenous descent. I feel really excited to work here at the Paso Del Norte Civil Rights Project and am honored to be able to learn from and support all those who are here!

Vivian Hernandez
I am originally from El Paso, TX. I completed my undergraduate work at the University of Texas at El Paso where I graduated with a Bachelor’s of Arts in English and American Literature with a minor in Women’s Studies. I was very active with the Women’s Studies Department and organized several productions of Eve Ensler’s The Vagina Monologues. At UTEP, I also participated in the Law School Preparation Institute, after which I went on to attend Cornell Law School and have just completed my first year. This summer I decided to work with PDNCRP because I wanted to have an opportunity to come back to El Paso and work in my community as well as the valuable experience I will receive this summer improving my writing skills and interacting with a wide range of people. I am also greatly interested in continuing a career in public interest that focuses on civil rights issues.

Victoria Wilson
I grew up in a lobstering village on the coast of Maine, where I was the only girl in my town who listened to the Dead Kennedys. I’m a 2L at Northeastern University School of Law and I’m interested in immigration and asylum law, economic justice law, labor law, and prison reform. My parents are labor activists, so over the years I have acquired an ad hoc knowledge of rank-and-file politics. I am a former community organizer for various health care, environmental, and prison reform campaigns. I have an M.A. in Political Anthropology, and I wrote my master’s thesis on the use of film as political propaganda in the Middle East and China. This is a fascinating but practically useless subject, hence my decision to attend law school rather than expand it into a dissertation. When I’m not studying, my hobbies are swimming, biking, (occasionally) rock climbing, drawing pictures, watching movies, finding great live music, and writing short stories.

By Diana Washington Valdez
EL PASO TIMES

EL PASO — Five men who allege their constitutional rights were violated at a Chico’s Tacos last year filed a lawsuit Monday against the city government, a security company and the restaurant.

The case involves two men who kissed at Chico’s Tacos and whom police allegedly threatened to charge with a violating a state statute on homosexual conduct that was declared unconstitutional in 2003.

They and three other men in their group said guards ordered them to leave the restaurant. The trouble occurred a year ago, on June 29, 2009, at the Chico’s Tacos at 11381 Montwood.

View video from KVIA

Plaintiff Carlos Diaz de Leon and lawyers with the Paso del Norte Civil Rights Project announced the lawsuit at a news conference in Central El Paso. Diaz De Leon, 32, said the other four plaintiffs are identified as “John Does” because they fear retaliation.

“I’m doing this because I want to see change, a lot of change,” Diaz De Leon said. “I would like for people to be aware of their rights, and basically, I want equality for everyone.”

Chico’s Tacos owner Bernie Mora could not be reached for comment Monday. But in a previous interview he said the five men were aggressive, confrontational and disrupted other customers.

He said a surveillance video showed them at one point “jump up and charge at the guard.” Mora, though, said that video no longer exists.

City spokeswoman Julie Lozano said city officials had not seen the lawsuit and generally do not comment on pending litigation.

Col. Robert Gamboa, of Bradford All-American International Security Inc., the company that provided Chico’s Tacos with guards last year, said Diaz De Leon’s claims were false.

“There was no discrimination,” Gamboa said. “Chico’s never asked the men to leave the restaurant. They remained there for 45 minutes and finished their meal. It was their decision to leave.”

According to the lawsuit, “Two plaintiffs shared a couple of brief kisses, but none of the plaintiffs engaged in lewd or illegal behavior.”

View video from KTSM or KDBC

In response to the kisses, Briana Stone, a lawyer and director of the Paso del Norte Civil Rights Project, said that two Bradford security guards yelled at the men, swore at them and threatened to throw them out of the restaurant, despite a city ordinance that prohibits places of public accommodation from refusing service on the basis of sexual orientation.

Diaz De Leon said he and his friends had received threats, and his business suffered losses since he and the others decided to speak out against what happened.

Stone said the date the suit was filed in state district court coincided with the June 28, 1969, anniversary of the Stonewall Rebellion, in which New York City homosexuals mobilized after police raided a bar.

In the Chico’s Tacos case, Stone said, police failed to enforce the city ordinance barring discrimination based on sexual orientation. Instead, Stone said, police threatened to arrest the men for homosexual conduct under the obsolete state statute.

The lawsuit alleges that a detective told the five men, “You are lucky that you are not going to be ticketed for homosexual activity.”

The detective was referring to Texas Penal Code 21.06, which made it a Class C misdemeanor for someone to engage in sexual intercourse with someone of the same sex.

The statute was declared unconstitutional, though it is still on the books.

After the Chico’s Tacos case, Police Chief Greg Allen ordered training for his officers so they understood the law.

Interponen aquí cinco gays demanda por discriminación

Julio Antonio Molinet
El Diario de El Paso

Cinco miembros de la comunidad gay presentaron ayer una demanda contra el Gobierno local, agentes policiacos, de seguridad y un restaurante, por los hechos discriminatorios de los cuales fueron víctimas el 28 de Junio de 2009.

Dentro de los emplazados figuran la Ciudad de El Paso, Texas; los oficiales Rodríguez-Aceves, Marco Nava y Simón Martínez Castañón; la compañía Chico’s Tacos, Inc. y Bradford All-American International Security, Inc.

La queja fue interpuesta ante una Corte estatal, por medio del Proyecto por los Derechos Civiles Paso del Norte, refiriendo violaciones al Artículo uno, apartados tres y 19, de la Constitución del Estado de Texas.

La misma intercede a favor de los ofendidos, Carlos Enrique Díaz de León, de 32 años, y sus cuatro compañeros, cuyos nombres permanecen bajo anonimato por cuestiones de seguridad, “por temor a ser ultrajados en sus centros de trabajo y/o por parte de la sociedad paseña”.

“Con este pleito, nosotros esperamos detener en El Paso la discriminación hacia la comunidad de lesbianas, gays, bisexuales y transgéneros (LGBT) que asiste a lugares públicos”, dijo la directora de la referida institución, Briana Stone.

Y agregó: “Queremos exigir a la Ciudad que eduque debidamente a los oficiales acerca de las leyes locales y constitucionales que protegen a las personas LGBT”.

Según se registró, la tarde en que sucedieron los hechos, los cinco paseños entraron al restaurante Chicos Taco’s localizado en la avenida Montwood para degustar una comida. Dos de ellos –del sexo masculino– se dieron un beso en los labios.

En respuesta, dos guardas de seguridad les gritaron, acosaron y amenazaron con echarlos del establecimiento a pesar de que una ordenanza local prohíbe a los empleados de la ciudad y negocios públicos discriminar a las personas por su orientación sexual.

Cuando los hombres abandonaron el lugar llamaron al Departamento de Policías para quejarse de la situación, sin embargo, el agente que acudió a atenderlos en vez de hacer valer la ley, amenazó con detenerlos por “conducta homosexual” bajo un estatuto declarado inconstitucional en 2003.

“Todos debemos ser iguales cuando salimos a establecimientos públicos. El cuerpo de seguridad de Chico’s Tacos y la Policía agraviaron nuestros derechos como miembros de esta comunidad”, señaló, Carlos Enrique Díaz de León, uno de los demandantes.

E insistió: “Fuimos pacíficos. Fuimos respetuosos. Pero nos acosaron y amenazaron por ser gays. Confiamos que este proceso sea un aviso para la Ciudad y negocios locales. Ellos no nos pueden tratar de esta manera”.

Según declaró, Díaz de León, a este rotativo, “siente mucho miedo por lo que pueda suceder” en los centros de trabajo de los demandantes, incluso, por las reacciones de los familiares. “Nadie se imagina la vergüenza que pasamos y todavía estamos pasando por lo que nos dice la gente, los rumores, represalias… por eso estamos asustados”, confesó. Y sostuvo “hemos recibido amenazas en la casa, el trabajo, en las calles, ahora no sabemos lo que va a suceder, solo pedimos igualdad y respeto”.

El incidente del verano pasado, y la presentación legal de la demanda coinciden con los “disturbios de Stonewall” del 28 de junio de 1969; un hecho que marcó la historia de los Estados Unidos y que fue crucial en la defensa de los derechos de las lesbianas, gays, bisexuales y transgéneros (LGBT). Seis meses después, se habían creado dos organizaciones de activistas Gays en Nueva York y se fundaron tres periódicos para promover sus derechos.

Catharine Grahm
Catharine Grahm is a woman literally willing to go wherever the road takes her. Originally from Minnesota, she came to the southwest after extended exploration of the continental United States. She chose El Paso to learn about the Chihuahuan Desert and the people/culture of our nation’s largest immigrant population. These reasons, together with her concern for the limits of the natural world, have drawn her to work that focuses on issues of social and environmental justice. She is currently pursuing opportunities in Antarctica as part of “learning about the Earth in its actual present state. We need a better way, and I want to join with others to affect the paradigm shift that will get us there.”

Felicia Flores
Born in El Paso Texas, I was mostly raised in south Texas and San Antonio. I’ve lived in El Paso all my life, and while I enjoy the borderland and its history and culture, I will always call south Texas home. Currently in my senior year at the University of Texas at El Paso, I will be graduating this spring completing my Bachelor’s of Arts in Criminal Justice with a Minor in Women’s Studies. I came to Paso Del Norte as an intern involved with the Women’s Studies Department at UTEP. I chose to help out and volunteer my time with Paso Del Norte because of my interest in civil rights advocacy. I have a firm belief that Paso Del Norte is making a great social change for the community of El Paso. Though I have only been interning for a few months, I can say that within that time I have been truly impressed with the dedication and hard work each staff member and volunteer puts forth towards equality and civil rights. I have experienced and learned so much about the impact and importance of non-profit work.

Priscilla Moreno
I am part of the 2010 graduating class of UTEP with a degree in Political Science and History. During my time at UTEP, I co-founded and was president of Students for Reform, an activist organization dedicated to informing and organizing the campus and community regarding political, social, and environmental issues. I plan on attending law school in the fall of 2011 and my legal interests include civil rights, immigration, and international law.

Ana Martinez
My name is Ana Martinez, I am currently a sophomore at the University of Texas at El Paso. I’m double majoring in Political Science and Psychology with a minor in English.

Kimberly Heredia
My name’s Kimberly Heredia and I am currently a volunteer here at Paso Del Norte Civil Rights Project. I am a junior at UTEP, pursuing my bachelors in social work. I was born here in El Paso and partially raised in California. Life has led me through many interesting paths that have crossed along the way and I have chosen to study substance and alcohol abuse counseling. There is something about working for the forgotten and underprivileged, lost and in need of re-direction, that drives me to aid in any way that I possibly can. I have that natural calling…and I think that is what you need to flourish in this particular field. My experience so far just being in the social work and “helping” environment, reassures me that this is the kind of work I was meant to do. I look forward to future exposure and experiences and to broadening my knowledge and wisdom even more.

Alfredo Tellez
I recently moved from Cd. Juárez to El Paso TX. No, I didn’t move because of the violence, it was because my beautiful wife and I decided to make our life in this city. I worked for over 10 years in a political party in Cd. Juarez Mexico. Some of my duties were to channel government aid to those who need it and we supported people’s rights when they were challenge by the same government. I love to be of any assistance and to give back to the community. One positive action is followed by another.

Paso del Norte Civil Rights Project Fiesta 2010 Volunteers

Represented by Texas RioGrande Legal Aid (TRLA) and the Paso del Norte Civil Rights Project (PDNCRP), Patricia Bustillos and Marcelina Campos are former residents of the Mowad subdivision whose families were forced to evacuate their homes after massive flooding in August 1, 2006. They applied for the relocation assistance that the City of El Paso provided to other flood victims displaced by the flood and the City’s buyout of the Mowad Subdivision. They brought a lawsuit against the City after it failed to apply the same application requirements to them that it did to other applicants and failed to provide them a written decision on their applications.
“These residents applied for assistance as soon as they knew it was available,” said PDNCRP attorney Briana Stone. “But the City ignored them and their rights to apply for this aid, thus violating their constitutional rights to due process and equal protection. The decision by the Eighth Court of Appeals is a victory for civil rights and sends a clear message: the City of El Paso cannot abuse its power. We are hopeful the City will reconsider its position and will follow the law.”

According to the original lawsuit, when Bustillos and Campos applied for assistance they were asked for additional proof of their claims that were not required for other applicants. The City also failed to provide them with a written decision on their applications. As a result of the latest legal decision, the women will have the opportunity to have their case heard by the trial court, almost four years after having been forced from their homes.

Added Carbajal, “All they want is to be treated in the same manner that the City treated their neighbors and other recipients of the relocation assistance. The assistance was designed to help flood victims when they were most vulnerable – soon after they lost most of their worldly possessions and had to face the added expense of moving to a new and more expensive rental property. Sadly, they have waited nearly four years for the City to review their applications for assistance. Rather than abide by its constitutional and regulatory obligations, the City has utilized procedural delay tactics and completely disregarded the suffering of these flood victims.”

Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality civil legal assistance and related educational services.

The Texas Civil Rights Project (TCRP) promotes racial, social, and economic justice through education and litigation. TCRP strives to foster equality, secure justice, ensure diversity, and strengthen communities. TCRP was founded in 1990 as part of Oficina Legal del Pueblo Unido, a non-profit community-based foundation located in South Texas. The TRCP has offices in Austin (TCRP), San Juan (STP — in the Rio Grande Valley) and El Paso (PDN).

Staff, interns, volunteers, and friends joined thousands of people nation-wide in marching for immigrants’ rights. Representatives from the Austin, El Paso, Odessa, and San Juan offices took part in local movements in support of civil rights and in protest of Arizona’s antiimmigrant legislation.

South Texas Civil Rights Project (above).

Community members, and TCRP staff from the El Paso office participated in an action organized by the Border Network for Human Rights in response to the Arizona SB 1070 bill. Participants turned themselves in to the sheriff’s office in an effort to communicate how the new law makes everyone a criminal.

TCRP Austin

Francisco Alarcon
El Diario de El Paso March 23, 2010

Eric Murillo, an El Paso worker who noticed unsafe working conditions at his place of employment [Chaffhaye, Inc.], was fired in June 2009 because of his attempts to organize his co-workers to demand a safer workplace.

Yesterday, however, he was congratulated in front of the Federal Building for winning what is considered a historical labor rights case in the National Labor Relations Board, forcing safer working conditions in the Chaffhaye plant. Chaffhaye is devoted to production of forage and livestock feed.

In May and June of 2009, Murillo worked as a driver for the company, according to his legal representative from Paso del Norte Civil Rights Project, Chris Benoit. Mr. Murillo realized that working conditions were unsafe, unfair, and violated federal guidelines. He chose not to stay silent.

The El Pasoan talked with his co-workers and organized a meeting to consult with legal counsel about their rights. The company vehicles were dangerous; the workers were in the field for more than 12 hours without water and had no protection for using heavy machinery required for their profession.

“Chaffhaye Inc. told him that if he kept talking to other employees, he would have to leave the company,” according to reports. It is against federal law to fire an employee when they exercise their right to organize or express discontent about the company.

Eric Murillo in the company of family and friends
(photograph: Jorge Jimenez / El Diario de El Paso)

“Employers must comply with the law,” Benoit said, adding that by taking his case before the National Labor Relations Board, Murillo pushed the Occupational Safety and Health Administration to conduct on-site inspections that resulted in fines for hazardous conditions. In addition, Mr. Murillo signed a settlement that forces Chaffhaye to place signs in plain view for the staff to see that indicate that no worker would be fired for talking about their working conditions. The company will also pay him backpay for his dismissal.

“Although the safety conditions were atrocious, more disturbing is the fact that the company blatantly fired an employee who attempted to improve the work environment,” added the lawyer. “The success of Mr. Murillo must show workers that they do not have to fear their bosses.”

Falla Corte Federal a favor de trabajador despedido

Francisco Alarcón
El Diario de El Paso 23-03-2010

Eric Murillo, un obrero paseño que notó condiciones de trabajo peligrosas en la compañía en la que laboraba, fue despedido de la misma cuando en Junio del 2009 intentó reunir a sus compañeros para exigir más seguridad y la empresa lo amenazó con correrlo.

Sin embargo, ayer se congratuló frente a la Corte Federal al haber ganado lo que se considera un caso histórico de derechos del trabajador en la Junta Nacional de Relaciones Laborales, forzando así medidas más seguras en el ambiente de trabajo de la compañía Chaffhaye, dedicada a la producción de forraje y alimento para ganado.

En Mayo y Junio del 2009, Murillo se desempeñaba como chofer en esa empresa. Según dijo su representante legal del Proyecto de Derechos Civiles Paso del Norte, Chris Benoit, el hombre se percató de que las condiciones de trabajo eran inseguras e injustas, aparte de que iban en contra de lineamientos federales y los patrones no habían hecho nada al respecto, por lo que no quiso quedarse callado.

El paseño habló con sus compañeros de trabajo y organizó una junta para consultar con asesores legales los derechos que les correspondían. Los vehículos de la compañía eran peligrosos para ser manejados, los trabajadores estaban en el campo por más de 12 horas sin tener agua disponible, y no contaban con la protección para utilizar la maquinaria pesada requerida para su oficio.

“Y lo que hizo Chaffhaye Inc. fue decirle que si no dejaba de hablar con los demás empleados, se iba a tener que ir de la empresa”, según informes, los cuales especifican que va en contra de la ley federal el realizar ese tipo de acción pues cualquier empleado tiene por derecho el organizarse para expresar descontentos e informárselos a la compañía para la cual trabaja.

“Los empleadores tienen que cumplir con la ley”, dijo Benoit, quien indicó que al llevar su caso frente a la Junta Nacional de Relaciones Laborales, Murillo logró que la compañía fuera sujeta a inspecciones y las condiciones peligrosas salieran a la luz. Además, se forzó a Chaffhaye a poner a la vista de sus empleados letreros en donde se anunciaba que ningún trabajador sería despedido por hablar de sus condiciones de trabajo.

“Aunque el escenario laboral fuera atroz, es más perturbador el hecho de que la compañía despidió descaradamente a un empleado que intentaba mejorar el ambiente de trabajo,” agregó el abogado. “El éxito del señor Murillo debe mostrar a los trabajadores que no tienen que esconderse y temer a sus patrones.”

Paso del Norte Civil Rights Project announces its Fourth Annual

Fiesta Fronteriza:

Remembering Our Roots, Building Our Future

El Paso Community College
Administrative Services Building
9050 Viscount
El Paso, Texas 79925

Friday, May 7, 2010
11:30 am – 1:30 pm

Thank You, El Paso for a Fantastic Fiesta Fronteriza

Paso Del Norte Civil Rights Project celebrated its fourth annual Fiesta Fronteriza: Remembering Our Roots, Building Our Future on May 7th, 2010.

This year’s event theme was Revolution Without Arms in commemoration of those civil rights heroes that have brought about change without resorting to violence. The nominees and awardees were recognized for their efforts in promoting civil rights through service, education and advocacy. Paso Del Norte Civil Rights Project received numerous nominations from the community, from which finalists were selected.

The Department of Social Work of the University of Texas at El Paso received the Education Award for their efforts in training professionals that provide quality social work services and understand the El Paso-Juarez community.

The Advocacy Award was given to Mariana Chew-Sanchez for her leadership and advocacy in turning the environmental challenges we face in our community into social justice issues of broad appeal.

Hon. Alicia Rosencras Chacón received the Service Award for her efforts for the advancement of Latinos in education, employment, and public service.

Paso Del Norte Civil Rights Project also recognized the El Paso Bar Association and local attorneys participating in the Parenting Order Legal Clinics with the Access to Justice Award.

During the reception, Irma Guadalupe Casas Franco received the Legends of Justice Award on behalf of the deceased Esther Chavez Cano, who dedicated her life to defending women’s rights. Valerie Geason also received this award on behalf of her mother, Leona Ford Washington. Ms. Washington dedicated her life to serving her community, demonstrated not only by a teaching career that spanned 39 years, but also by her establishment of the McCall Neighborhood Center.

Paso Del Norte Civil Rights Project would like to thank the community for helping us promote racial, economic, and social justice.

EL PASO (Feb. 2, 2010) — A group of community members protested in front of Los Gallegos Mexican Restaurant at 4400 North Mesa Street today asking for the payment of unpaid overtime compensation for workers of the restaurant. Two local organizations, the Labor Justice Committee and Paso Del Norte Civil Rights Project (PCRP) rallied behind a former employee who is attempting to recover thousands of dollars in overtime wages for several years of work.

PCRP filed a lawsuit on behalf of Jose Luis Villarreal, a former employee of Los Gallegos restaurant, asking for thousands of dollars in unpaid overtime pay and other damages from the restaurant owner.

“I worked for Los Gallegos for nine years and always worked over forty hours per week. I asked the owner of Los Gallegos many times during my employment why he was not paying us our overtime hours,” said Mr. Villarreal, “In the end he fired me for standing up for my rights. In the restaurant industry, many workers are working from forty up to ninety-hour weeks without any overtime pay. It is time that restaurant owners pay their employees the overtime they deserve.”

Restaurant employees must receive at least the federal minimum wage of $7.25 per hour and overtime pay for all hours worked over 40 hours per week. Overtime pay is time and a half of the promised hourly rate.

“Mr. Villarreal was a victim of systematic and severe overtime violations. By not paying overtime wages to its employees, Los Gallegos is robbing thousands of dollars from its workers every year,” said Chris Benoit, an attorney with Paso Del Norte Civil Rights Project, “And this is not an isolated incident. A recent report by the National Employment Law Project stated that 76% of low-wage workers see overtime violations similar to Mr. Villarreal’s case.”

“Employers in El Paso seem to think they are above the law. We are here to keep these employers from acting with such impunity.” added Gabriela Barraza, a member of the Labor Justice Committee as she held up a sign that read “Honk To Support Worker’s Rights!”

Paso Del Norte Civil Rights Project also filed a lawsuit today in state court against Jerusalem International Food and Grill, LLC for unpaid minimum wage and overtime wages owed to a former employee.

By ABC-7 Reporter Daniel Marin

El Paso, Texas – So many of them begin their days near the bridges and bus stops. Their commutes, taking them to Sun City neighborhoods and the homes of El Pasoans who can afford an extra set of hands to keep a house clean.

Elvira Corral Olivares used to count herself among El Paso’s domestic workers. She says she worked for her employer for 10 years. Olivares says she cleaned, washed, ironed and cooked Mondays through Saturdays for $150 dollars a week.

KVIA News: View Video

When asked why she worked for so long for little, she told ABC-7 she didn’t know her rights. But, she does now through the help of the Paso Del Norte Civil Rights Project. The advocacy group educates women in similar situations.

And now, the Civil Rights Project has filed lawsuits on behalf of Olivares and another local domestic worker, Rosa Pena Perez. The women are looking for a combined $60,000 in unpaid and underpaid wages, saying they were paid less than the minimum wage of $7.25. Olivares also claims she was unfairly fired when she told her employer she was pregnant.

A Juarez resident, Olivares did not wish to answer whether she worked in El Paso illegally, saying it doesn’t matter. She added an honest day’s work should be paid honestly.

“It shows a lack of respect for the work that I did,” Olivares said in Spanish.

By law, employers should report what they are paying domestic employees. The Texas Workforce Commission says if the wages amount to more than $1,000 a quarter, those employers also have to deduct and pay taxes.

Alberto Ponce de León
El Diario de El Paso

Dos empleadas domésticas procedentes de Ciudad Juárez demandaron ayer a sus respectivos patrones en la Corte del Condado El Paso por haber recibido pagos menores al sueldo mínimo federal de Estados Unidos.

Chris Benoit, especialista en leyes laborales del Proyecto de los Derechos Civiles Paso del Norte, mismo que representa a ambas, dijo que la demanda es por más de 60 mil dólares en conjunto. De manera injusta, explicó, a una de ellas le dejaron de pagar más de 40 mil dólares por el tiempo que trabajó mientras que a la otra al menos 20 mil dólares.

“Una trabajó por 10 años y la otra por cuatro. Sus patrones nunca les pagaron el sueldo mínimo ni el tiempo extra acumulado”, dijo Benoit. “A una de ellas le pagaban 150 dólares por semana, por más de 50 horas de trabajo, y a la otra le daban 120 dólares”.

El 15 de septiembre del 2009, el Proyecto de los Derechos Civiles Paso del Norte arrancó el Programa de Justicia Laboral en esta región con el fin de ayudar a todos los asalariados que vean violadas sus condiciones de trabajo en Estados Unidos.

Desde entonces, han sumado “entre cinco y 10 casos” en las Cortes de El Paso y han negociado otros tantos sin la necesidad de ir hasta el sistema judicial, informó.

La organización decidió interponer ambas demandas el mismo día “para demostrar que es un problema sistemático”.

Una de las demandas la interpuso Elvira Corral Olivares en contra de Ana María De la Rosa, con quien afirma, trabajó por “cerca de 10 años” percibiendo un salario de 150 dólares por más de 50 horas trabajadas por semana.

La otra demanda es de Rosa Peña Pérez en contra de sus ex patrones Pedro Bocanegra e Yvette Zesati, con quienes laboró más de cuatro año ganando 120 dólares semanales.

Una de ellas trabajaba seis días por semana y la otra cinco, informó el organismo.

El estatus migratorio de ambas es irrelevante para la defensa de sus derechos, afirmó Chris Benoit.

Mencionó que una elevada cantidad de empleadas domésticas cruzan la frontera de Ciudad Juárez a El Paso para trabajar en casas donde se les trata o se les paga de manera ilegal.

Cualquier empleado de este Condado, sin importar su condición migratoria, tiene el derecho de percibir cuando menos el salario mínimo de Texas por su trabajo, aseguró.

Una empleada doméstica, por ejemplo, debe ganar al menos 290 dólares por una jornada laboral de 40 horas a la semana, explicó.

“Trabajan en lugares aislados sin mucho contacto con el mundo. Es gente muy vulnerable por su estatus migratorio. Por eso las invitamos a que por lo menos nos hablen en su tiempo libre y se asesoren. Es un problema lo que realmente está pasando”, dijo.

Entre los tratos irregulares que las empleadas reciben, agregó, se encuentra el del chantaje. Algunos patrones suelen amenazarlas con hablarles a las autoridades migratorias en caso de que ellas pretendan interponer algún tipo de queja.

“Muchos patrones dicen que hicieron arreglos y que ‘la trabajadora aceptó recibir esa cantidad de dinero’. A ellos les decimos que no se pueden hacer contratos que evadan la ley”, dijo Benoit.

Alberto Ponce de León
El Diario de El Paso

Yesterday, two domestic workers sued their respective employers in the El Paso County Court for having been paid less than the US federal minimum wage.

Chris Benoit, labor law specialist with Paso del Norte Civil Rights Project, the organization that represents them both, said that together, the suits are for more than $60,000. Unjustly, he explained, one of them was underpaid by over $40,000 for the time she worked, and the other was underpaid by at least $20,000.

“One worked for 10 years and the other for 4. Their employers never paid them minimum wage nor overtime”, said Benoit. “One of them received $150 a week for over 50 hours of work, and the other received $120.”

On September 15, 2009, Paso del Norte Civil Rights Project started the Economic Justice Program with the goal of helping all workers whose labor rights are being violated in the United States.

Since then, they have filed “between 5 and 10 cases” in El Paso courts, and have successfully negotiated many more without having to go to court, he said.

The organization decided to file both cases the same day “to show that this is a systemic problem”.

One of the petitions, which was filed on behalf of Elvira Corral Olivares against Ana Maria de la Rosa, states that she worked for “approximately 10 years” receiving $150 for 50 hours of work a week.

The other petition is on behalf of Rosa Pena Perez against her ex-employers Pedro Bocanegra and Yvette Zesati, who worked for over 10 years earning $120 a week.

One of them worked six days a week and the other five, said the organization.

Their immigration status is irrelevant when defending their rights, affirmed Chris Benoit.

He mentioned that many domestic workers cross the border from Ciudad Juarez into El Paso to work in houses where they are treated or paid illegally.

Any employee in this county, irrelevant of immigration status, has the right to receive at least Texas minimum wage for their work, he assured.

A domestic worker, for example, should receive at least $290 a week for a 40 hour work week, he explained.

“They work in isolated places without much contact with the outside world. They are vulnerable because of their immigration status. Because of this we invite them to talk to us during their free time for assistance. This is a real problem that is occurring,” he said.

The way they are treated often includes blackmail, he added. Some employers threaten to report them to immigration if they try to complain.

“Many employers say they have made an agreement and that ‘the worker agreed to receive this amount of money’. To them, we say that you can’t make contracts that violate the law,” said Benoit.

“I think your group is a small but bright candle in a very dark place. It’s good to know that the inmates down there have someone who cares.”

“You and the other civil rights warriors at TCRP are very special people. We all appreciate the efforts you make to help people. Most Sincerely, Inmate in Huntsville, Texas”

“Once again I would like to thank you for setting up the meetings and being there with me. It is a hard thing to go through and you have been there every step of the way. I know to some people it is just a job but with you I can see it is much much more. I know you help so many people that never say thank you and mean it. To me so many people put the almighty dollar ahead of the important things in this life. I myself try to make a difference and I see that is something that you do also. If there is ever anything I can do to assist you anytime you call me and I will do my best to help you.”

“I am so relieved! Thank you for working so hard for us. I know it wasn’t easy or that fun, but your hard work really paid off! It was awesome how all of the kids and teachers at Kealing recognized our work and how we didn’t give up. Again, thank you so much for your hard work and for being so professional” (from Kealing Junior High School student)

“. . . thank you very much, . . . TCRP made our day and we were successful at the Georgetown City Council meeting Tuesday evening” (from Rhett Smith)

“I want you to know you handled everything so wonderful. You were even able to soothe my broken heart and up-and-down emotions….” (from mother of daughter who committed suicide in county jail)

“Every time I go by there, I feel a slap in the face of people with disabilities has been avenged — that there is hope against money, power & privilege & insider deals….” (from client in “Day in the Life” Americans with Disabilities Act campaign)

“With all my heart I give a thousand thanks to the attorney Isaac Harrington and to Jessie Hahn for the great interest they showed in my case. Thank you for your nobility, comprehension, and all the hard work you put into my case. I do not have words to thank you for all the help you have given me. God bless you, many thanks.” (from VAWA client)

“Great working with you all!” (from leader of disabilities rights organization)

“Now, I can tell everyone my story thanks to the great help that the Project gave me, especially Jaime Ortiz. I feel very proud to have become his friend, because he was an angel God sent to me. Although Jaime was doing his job as a legal assistant, he treated me not just like a client, but like family.

“My most sincere appreciation to this entire organization and to all the people who make this possible, allowing women like me to realize the great American Dream.”

“I hope that programs such as this one can keep working so that other women who are in the situation I was in and are still suffering these problems can find help in time because we only live once.”

“Once again with this letter, I would like to express my most sincere appreciation to everyone at the Project, including Jaime, Moira, the people in Austin, and all those people who have dedicated themselves to helping us. In the name of all the women who have benefitted from this VAWA program, MANY THANKS.” (from South Texas VAWA client)

“Victory is sweet! A big thanks to all of you at TCRP. Jim you did a great job. Glad you were on our side. Wayne can tell you all that, when we lost that first case, it was hard to get us back together to make a decision on going on with the appeal. A loss like that can discourage you. But Wayne made us see that we couldn’t really call ourselves activists and leave this opportunity on the table. What matters most is how we act when we are challenged, not when things are easy. We had a good case. TCRP always felt this was a strong case. Wayne won one for us at the 3rd Court of Appeals, and now the whole rest of your team did an absolutely fabulous job bringing back the win.” (Sonia Santana, Plaintiff in Democracy Coalition case)

“I am very happy because I got a person who is very capable, very pleasant, and very good, she is an excellent person. She explains things to me very well, she is professional; her name is Jessie Hahn. Thank you.” (from East Texas VAWA client)

“The Civil Rights Project attorneys did a great job. I am hoping your excellent participation will make a great change at the McConnel prison facility.”

“I am forever indebted to TCRP for your kind and professional assistance, following the aggravated assault and hate crime against my roommate and me ….”

“Other than my church, no one else had come to help me, not until December 28, 2006, when I met a woman name Gabby from the Civil Rights Project through Pastor Bob. I met her at a meeting for the victims of domestic violence. I remembered her friendly and trustworthy face. At that time, I wished she could help me. However, due to the language barrier, I didn’t get to talk to her very much. So when Pastor Bob told me that she called for me, I was thrilled. How could she still remember me when she seemed so busy? I prayed to God and thanked Him for sending an angel to help me.” (from West Texas VAWA client)

“I am totally amazed by the quality and dedication to civil rights your staff has.”

“Scott Medlock was very personable, and I feel like he really cared about our son. The final result was acceptable — you never really recover what you feel you should — but he worked very hard … and we certainly appreciate him.”

What Others Say

Re: Column on El Dorado Children. “That is why, once again, I want to simply say “Thank you James C. Harrington” for taking the time, composing and putting that article out there. It is in rare occasions such as this that I still have hope that our “humanity” and “common sense” may have not been lost for ever after all…”

Re: “Rodney Reed Deserves New Trial Following Indictment of Police Officer.” Thank you for your involvement in this case. Having your organization behind Rodney Reed, gives me great hope and encouragement.

“I mean it, Isaac, when I say how truly grateful we are for the swift, competent, and caring help you and Wency gave us. It has at least given [VAWA client] Luisa some hope, and helped her reclaim some measure of power over her previously powerless position. I bragged on y’all at our county-wide staff meeting last week, and our director said to be sure and pass along her thanks, as well.”

“Gabby, you are the best! We hope to have you and the rest of the folks of this great organization for many years to come. Thank you.”

Re: Port Bolivar Elderly Residents with Disabilities Win Ferry Settlement. “Thanks, Jim and Jody, for your very hard work, and doing the right thing. My heart goes out to those folks. I am a retired counselor, who has worked with all kinds of disabled people. Even though I don’t work at being a counselor, I still “love” these folks.

“Thank you for all you do to make Texas a better place.”

“I don’t say it often enough, but I am always filled with admiration at the work you (and your colleagues at TCRP) do.” (University of Texas law professor)

“I want to thank you for representing the Round Rock student protestors. My father (deceased) attended school in Georgetown in the early 1900′s. He was not allowed to attend the school in the district that he lived in but was forced to walk miles to a Mexican school. When people think of segregated schools, I am sure they think of blacks. Many people are not aware that there was segregation of Mexicans also…. Our family has come a long way and this year my son is One of Five Outstanding Houstonians.”

“Happy Labor Day, Jim. I read your editorial and want to congratulate you on a well written piece that we all wish didn’t need to be said. Being retired now, Charles and I are painfully aware of how much daily living costs and for those who live from paycheck to paycheck, or even less, it must be gruesome. Keep on telling it like it is and maybe some of it will have an effect on those who have the power to do something about it. Kudos.”

“Thank you. Kind words coming from someone who does so much for the principles America stands (or should stand) for means a lot to me.” (Austin attorney)

“This summer has really meant a lot to me. I feel like I was involved in some very meaningful work, learned a ton, and met some great people. Thank you for everything that you do. Texas is a better place because you are here. You should know that you not only help the people of Texas, you also help us law clerks open our eyes to the world.” (former law clerk, Summer 2006)

“This if FANTASTIC!. LULAC and the Hispanic community appreciate all the work you and TCRP did defending the Round Rock students. Thank you.”

“Great to see your face on the front page of the Metro section today. You and other members of the immigration panel are working on such an important issue – thank you!”

“Your commitment to civil rights for all is unbelievable. Onward – don’t mourn…organize. Peace.”

“… But more than anything else, TCRP’s passion, commitment, and devotion to systemic change will stick in my mind the longest. When I’ve seen people frustrated and overwhelmed, I always got the senses that there’s nowhere else this staff would rather be. Thanks for fighting the good fight.” (former law clerk, Summer 2005)