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Date: Thu, 27 Oct 2005 23:49:31 -0400 (EDT)
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Subject: "North Country" -  Important Lessons

"North Country:" Important Lessons

By Laurie Beacham and Amber Hard

October 27, 2005 by CommonDreams.org

http://www.commondreams.org/views05/1027-32.htm

Today we are appalled by the story told in "North Country," a
film that chronicles the first class-action lawsuit brought
for sexual harassment. The suit was led by Lois Jenson, a
single mother trying to provide for her family, who became
one of the first women to work at Minnesota's Eveleth Mines.

The sexual harassment she and other women at Eveleth Mines
suffered in the 1970s and '80s was, indeed, appalling. They
endured lewd jokes, taunting and unwelcome physical contact.
One female employee opened her locker to find sexual fluids
on her personal belongings. Others experienced stalking and
threatened assault outside of the workplace.

Jenson filed a complaint with the union, supervisors and
management at the plant, and then with the Minnesota
Department of Human Rights. When Eveleth Taconite Co. refused
to follow the state's request that it compensate Jenson for
the harm she'd suffered, she went to court, fighting for fair
treatment, a safe workplace and proper compensation. The case
went to trial in federal court in St. Paul in 1992.

In 1993, the women (three at that point) were granted the
first-ever class-action status for a sexual harassment
lawsuit, meaning that they were able to band together to hire
an attorney and have their case heard. After a long and
difficult battle, they won. Fifteen women settled with
Eveleth Mines in 1998 for an undisclosed sum.

Legal experts agree that because of the Eveleth case, for the
first time employers across the country instituted policies
to protect their employees from sexual harassment. Sexual
harassment has not disappeared, but Jenson's legal case has
made the workplace safer for women nationwide.

Jenson's case was important for another reason. It showed how
critical it is that we as Americans, even the most powerless,
have the right to go to court when we have been harmed. And
especially, it showed how vital the right to file class-
action lawsuits can be, particularly for the preservation and
enforcement of civil rights.

Today these rights are under attack by America's biggest
corporations. This year, for example, after enormous pressure
from the world's biggest industries, Congress passed a law
creating significant limits on class-action lawsuits.

This legislation was strongly opposed by the civil rights
community. Thomas Henderson, chief counsel and senior deputy
for the Lawyers' Committee for Civil Rights, testified:
"Class actions are essential to the enforcement of the
nation's civil rights laws. They are vitally important and
are often the only means by which persons can challenge and
obtain relief from systemic discrimination."

Not only did the complaints of Henderson and other civil
rights leaders fall on deaf ears. But it now turns out that
weakening the class-action system was only Step 1 for big
business interests. Now they are seeking across-the-board
limits on the rights of injured Americans to seek justice in
our courts, making it harder to hold corporate wrongdoers
accountable for the harm they cause. The fight to protect the
civil justice system from these attacks goes on in state
legislatures every day.

So as you head to the movies to see "North County," be
grateful to Jenson and her co-workers for standing up to
corporate abuse, and for using the legal system to fight it,
making the workplace safer for you, your sisters, your
mothers and your daughters.

But remember that the fight isn't over. All sorts of laws and
policies that protect us are now at risk because big business
wants to weaken or destroy our civil justice system.

We need to protect this fundamental aspect of American
democracy, where the poorest and most vulnerable can
challenge the largest corporation and hold it responsible for
causing harm. We owe it to Jenson and the other women at
Eveleth Mines who stood with her in court all those years.

Laurie Beacham is communications director and Amber Hard is
staff director of the Center for Justice & Democracy.


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