Thread: Whitman's ex-maid emerges as symbol

Whitman's ex-maid emerges as symbol

Carla Marinucci, Chronicle Political Writer
San Francisco Chronicle October 10, 2010 04:00 AM

When she came forward as an undocumented Mexican immigrant to challenge the billionaire who was her boss for nine years, Nicandra Santillan Diaz not only helped undermine the carefully crafted message behind Meg Whitman's gubernatorial campaign but may have emerged as one of its most enduring images.

In an election year when illegal immigration has enraged conservatives from Florida and Arizona to California, the televised testimony of the Union City domestic worker - in which she recounted her firing by the former eBay CEO - made her a galvanizing figure to those on both sides of the volatile issue.

From San Francisco to Los Angeles this week, undocumented domestic and farm workers - some of them holding signs proclaiming "I am Nicky" - held demonstrations to express solidarity with Diaz. They said her statement that Whitman was "throwing me away like a piece of garbage" when she asked for help becoming a legal citizen made her the face of a new movement for the workplace rights of the undocumented.
'A national symbol'

"She is becoming a national symbol," said labor leader Dolores Huerta, co-founder with Cesar Chavez of the United Farm Workers. Huerta called Diaz's actions courageous and said her story could be a catalyst for reform at the state and national levels.

Immigrant rights activist Nativo Lopez, president of the Mexican American Political Association, said, "Nicky has become the David in the campaign of Goliath - and, I believe, will ultimately be the demise of Meg Whitman."

But on the right, conservatives have seized on Diaz's use of fraudulent documents - and called for immigration officials to arrest and even deport her.

Her story prompted Fox News host Bill O'Reilly to suggest that Diaz is the poster woman for millions of undocumented people who flout the law.

"What is Homeland Security and ICE going to do about her?" he demanded of the agency's chief, Janet Napolitano last week. Napolitano said she would "seriously" look into the matter.

Diaz claims the Republican candidate knew she was an undocumented immigrant and ignored a government request to check into her Social Security number. Diaz has filed a claim alleging that Whitman didn't pay for all the hours or mileage she was owed.

Whitman has said she hired Diaz through an employment agency and believed her documentation to be valid. When she learned otherwise, she said, she had no choice but to fire Diaz, whom she said had been "like a member of the family." She has said that Diaz is part of a political smear campaign by Democrats.
Ammiano's bill

But Democratic state Assemblyman Tom Ammiano of San Francisco said public debate of the Diaz case bolsters his efforts to give California's domestic workers, who are not protected by federal wage and hour laws, "long overdue" protections on the job.

His Domestic Workers Bill of Rights, which mirrors legislation passed recently in New York state, would entitle workers such as Diaz to overtime pay, mandated rest periods, paid holidays, vacation and sick days - and 14 days notice before they can be fired.

"Meg Whitman's treatment of Nicky Diaz is just the tip of the iceberg of a national problem," he said, calling the bill a "first step toward improving the rights of the people who are the foundation of our society and yet get so little reward."

With the gubernatorial campaign between Whitman and Democrat Jerry Brown heading into its third and final debate Tuesday, the former eBay CEO put another $2.5 million of her own money into her campaign last week, bringing her total personal investment in the race to $121.5 million - and total campaign spending to a record-shattering $150 million.

As California voters begin casting mail ballots, a hearing on the former maid's claim for $6,210 in back wages and mileage has been scheduled for Oct. 20, less than two weeks before the Nov. 2 election.


'Got paid $23 an hour'

"People realize she got paid $23 an hour - three times the minimum wage - and she worked just 15 hours a week," he said. Moreover, many Latinos believe "there are certain things you can't do if you're looking to get legal in the U.S.; you can't use fake documents," he said. "That's a disqualifier."

But Lisa Garcia Bedolla, associate professor of education at UC Berkeley and author of the book "Latino Politics," said Diaz's story is as much about the personal as the political because it conflicts with Whitman's image as an inspiring boss and a decisive leader.

Although Whitman said Diaz was "part of the family," Latino voters will wonder why "someone with (Whitman's) privilege, her resources and her tremendous luck did not think she should use any of those gifts to help the person who cleaned her toilets for nine years," she said.

The story also underscores a challenge for Whitman: She must get at least 35 percent of the Latino vote, in a state where Democrats hold a 2.3 million voter advantage over Republicans, to become the next governor.

Frank Sharry, executive director of America's Voice, an immigration reform group, said the national debate over immigration - and both major parties' response to it - is "clearly having a major effect on Latino mobilization efforts."
The big question

"The $1 million question for 2010 will be whether Latinos' recent uptick in enthusiasm for Democrats - and continued view of Republicans as anti-immigrant - supersedes traditionally low levels of Latino turnout in midterm elections," said Sharry.

Guillermina Castellanos, a former domestic worker and fellow at La Raza Centro Legal in San Francisco - whose Women's Collective has assisted hundreds of domestics like Diaz - said politicians at every level should be on notice that Diaz has "opened a Pandora's box."

"Nicky Diaz has put a light on this issue," she said, "and in her story, we hear the voice of millions of other women like her."

E-mail Carla Marinucci at cmarinucci@sfchronicle.com.

This article appeared on page A - 1 of the San Francisco Chronicle


Read more: http://www.sfgate.com/cgi-bin/article.c ... z11wudN9HS

""Nicky Diaz has put a light on this issue," she said, "and in her story, we hear the voice of millions of other women like her."

Yes , please speak up , it will be easier to deport you

Diaz must be deported. She is an illegal alien. We must not allow illegals to stay here.

So her main claim to fame is interfering in a U.S. election. In that sense, she's following her country's lead in interfering in U.S. affairs.

Whay aren't people opposed to Jerry Brown screaming for him to deport Diaz? Afterall that's his job!

This witch has served her purpose, her 15 minutes of fame should be over. If anything comes of this they can bring her back from Messico to testify.

I still believe this was instigated by Brown himself.

Jail and fines for Nitpiky, then deportation.
Has she even been charged for the document fraud?
Another hero of the culture? Crimes against America?
Typical and unacceptable.

Had Aldred not jumped into this scene....Diaz, AKA Rosa Parks would have just disappeared into nobody land.

"Nicky Diaz has put a light on this issue," she said, "and in her story, we hear the voice of millions of other women like her."

If there are in fact "millions of criminals" like Diaz in this country illegally, engaging in identity fraud, holding a state drivers license issued under fraudulent pretenses, this invasion is more serious that I ever imagined.

"Crimes against America" is right! Are these the people this culture looks up to? I do not know why the word economic terrorist comes to mind when I read these stories and the number of laws these invaders routinely break in order to further their illegal occupation.

I got fired from the State of GA (reduction in force due to budget restraints). I was close to securing a retirement pension. Everyone chosen to be fired was also close to securing a pension. Those who did not get fired were either new people far from retirement and pension security, or those who were already had been vested for their pensions.

Now I ask you, who was treated better? Nicky Diaz lost her job because she broke our laws and was here illegally and then broke even more laws by obtaining employment at $26 per hour by using fake documents?

Or me, who put herself through college, worked as a nurse woefully underpaid here in GA, worked hard and proud to help many, many people. I took a job with the State because I could no longer run the halls and did not trust myself with the complicated care patients need and what seemed to me overwhelming responsibilities. I later learned that I had multiple sclerosis which caused the fatigue, cognitive difficulties and weakness to fulfill the responsibilities of floor nursing. But I did Medicaid audits for the State, difficult with cognitive impairments and working long hours, even behind a desk, but I managed without sharing with them my disease or asking for any special accommodations. I traveled throughout the State for audits, and performed my job well according to my performance reviews.

I was unceremoniously let go - lost my health care coverage for myself and my husband, who is too young for Medicare but has survived Stage 3 colon cancer (for almost 5 years now) and then open heart surgery because chemo affected and destroyed his heart valve. Well, after unemployment from cancer treatment and daily radiation forced him to resign from employment that required him to travel the country for repair of large industrial machinery. When he finished, there were no jobs for him - we no longer manufacture autos, the space program now on hold, and the jobs available were ridiculously low paying for service engineers. He is working for a small company, less than 15 employees, traveling the southeast by van instead of airplane, working for less than $40,000. And now he had to go on their health care plan, which actuarily will destroy their ability to afford health care for their other employees. We are waiting for his walking papers once they tell them the cost of insuring him since I can no longer carry him. And I can't blame them for firing him, because of the cost of insuring him.

What organizations, what attorneys, what group exists to support outrage or lawsuits for my discharge? I am a registered nurse with massive experience working in every unit of the hospital, including intensive care for both cardiac and surgical, worked for insurance agencies for both managed care and workmen's compensation reviews, worked for attorneys for medical malpractice defense and reviews for accidents causing injuries, and then worked reviewing claims for Medicaid for level of care documented and billed, as well as fraudulent claims.

A 4 year degree, a BSN in nursing, and tons of experience, and I was paid $28.85 per hour. And then I paid state and federal taxes out of that, along with health insurance for myself and my husband, as responsible citizens do. My husband is now working for less than $19 per hour, before taxes, when he had previously earned over $36. per hour.

Why aren't people like us publicized? Without ability to obtain healthcare, job losses and salary decimation despite education, experience and expertise?

And Hispanics expect compassion from American citizens for their losses when deported?

Ah seems we have another ("Alvira Arelleno"????) remember the girl with the little boy held up in the church (Not sure if that was her name) but she is now back in Mexico standing up for illegal immigrants rights

Americans are going to be watching the "Maid" just like they did her. She needs to be procecuted and deported!