Immigration debate may have cut filings

by Jahna Berry - Dec. 26, 2010 12:00 AM
The Arizona Republic

Arizona's political climate and the economic downturn may have discouraged Latino workers and others who face national-origin bias from making complaints, employment-law experts say.

Meanwhile, the number of formal discrimination complaints made by African-Americans in Arizona dwarfs the number of similar cases from victims in other ethnic groups.

Blacks are 4.4 percent of the state's population, while Latinos are nearly 31 percent.

But the percentage of cases with merit from both ethnic groups was similar in the fiscal year that ended Sept. 30, 2009.

Although bias faced by Latino workers could be considered racial discrimination, most of those cases are tracked by the EEOC as national-origin discrimination cases.

After 406 formal complaints were processed by the EEOC in Arizona in 2007, the number of closed national-origin complaints dropped to 356 in 2008 and 369 in 2009.

The majority of those national-origin complaints come from Latino workers or workers from Mexico.

The emotionally and politically charged debate over immigration first resulted in a 2008 law against employers who knowingly hired illegal workers.

Phoenix attorney Steve Montoya, who represents discrimination victims and employers, and other lawyers predict that the number of national-origin discrimination cases will drop, especially because of Arizona's new immigration law, known as Senate Bill 1070.

"Latinos are leaving or not coming to Arizona," Montoya said.

The recession also may have played a role: Arizona lost more than half of its construction jobs, a key employment sector for many immigrants.

Racial-discrimination complaints from African-Americans make up roughly one-third of the total caseload for the five states that comprise the EEOC's Phoenix district, said Rayford Irvin who oversees that area.

That percentage is roughly the same in nearly every EEOC regional office, regardless of whether Blacks are a large minority group in those communities, he added.

Although they are categorized slightly differently, discrimination complaints from Blacks and Latinos should be viewed as a single problem, he said.

"If an employer is discriminating against Hispanics," added Berta Echeveste, who supervises EEOC investigators in Phoenix, "they will also be discriminating against Blacks, too."

Read more: http://www.azcentral.com/business/artic ... z19KSIJZ25

Blacks have ID Berta!