“The Caucus’s vision of progressive API activism as part of a broader movement to secure equality and justice for all, is as relevant today as it was 40 years ago,” said Rho. “I am honored to be joining the talented team at the Caucus to build on this powerful legacy.”

Rho brings valuable litigation, advocacy and executive management experience to the position. She began her career as a trial attorney in the Civil Rights Division of the U.S. Department of Justice as part of the Attorney General’s Honors Program, and subsequently practiced poverty law as a staff attorney at the Urban Justice Center in New York City. Most recently, as the Country Director of the American Bar Association’s Rule of Law Initiative (ABA ROLI) China Program, Rho managed the national office and led the implementation of ABA ROLI’s social justice programs in areas including public interest lawyering, criminal justice reform, women’s rights and environmental protection.

Rho’s selection comes after the Caucus board conducted a nationwide search with assistance from CompassPoint Nonprofit Services.

A member of the Asian American Center for Advancing Justice, the Asian Law Caucus in San Francisco is the nation’s oldest organization advocating for the civil and legal rights of APIs. The mission of the Asian Law Caucus is to promote, advance and represent the legal and civil rights of API communities, with a focus directed toward addressing the needs of low-income, immigrant and underserved individuals. In addition to supporting clients with legal expertise, the Caucus seeks to bring together elements of policy advocacy and community organizing so that through one person’s individual struggle it is able to achieve broader results for the community.

Source: Asian Law Caucus news release

“This is the first fellowship of this kind given by any minority bar organization in the country,” noted Quyen Ta, President of the VABANC. “We are very excited by the program. This fellowship builds upon the work VABANC has done to encourage public service,” said Ms. Ta.

This fellowship will be the largest fellowship amount offered by a minority bar organization to encourage and provide legal services and pro bono work with the Vietnamese American Community. Most Vietnamese Americans came to the United States as refugees. Despite some instances of model-minority accomplishments, many Vietnamese Americans still live in poverty and lack access to the legal system.

For the last 8 years, VABANC has provided two to three scholarships per year to law students to recognize their achievements and commitments to serving their communities and to encourage public service. The Lan and Mark Beyster Fellowship builds on VABANC’s goals by supporting a recent law graduate who will serve the greater community and whose work will achieve a richer and more inclusive vision of social justice in underserved communities.

For many years, Mrs. Lan Beyster, Mr. Mark Beyster and their family have generously contributed to many philanthropic and educational endeavors. With this fellowship, the Beysters want to encourage public service in the Vietnamese American community and to provide low-income communities with legal services.

To learn more about VABANC, please visit its website at vabanc.org.

The first Fred Korematsu Day will be celebrated on January 30, 2011 on Fred Korematsu’s birthday. The Korematsu Institute, launched last year by the Asian Law Caucus and in partnership with the Korematsu family, plans to roll out curriculum in K-12 schools that week and on all future Korematsu Days.

The bill, authored by Assemblymembers Warren T. Furutani (D – South Los Angeles County) and Marty Block (D – San Diego), is in honor of the late Fred Korematsu, a man who became a civil rights icon for defying the mass incarceration of Japanese Americans during World War II.

“This is historic not only for Californians but for all Americans,” says Ling Woo Liu, Director of the Korematsu Institute. “Establishing Korematsu Day ensures that Fred Korematsu’s legacy will not be forgotten and future generations of Californians will learn about the importance of protecting civil liberties.”

Korematsu Day was spearheaded by former San Diego Superior Court Judge Lillian Lim and Susan Woo, who were dismayed by the general lack of knowledge of the Fred Korematsu story. These concerns were shared with others who agreed it was important to establish a a Fred Korematsu Day where schools would incorporate into their curriculum the history of the Japanese American incarceration. An ad hoc committee was then formed within the Southwest Center for Asian Pacific American Law, with the goal of establishing a Fred Korematsu Day.

“I would like to thank Governor Schwarzenegger for signing this significant piece of legislation, which promotes the protection of freedom and constitutional rights,” said Assemblymember Furutani. “Fred Korematsu was an ordinary man who did an extraordinary thing during a time when his constitutional rights were violated, and as a consequence, changed the course of history. The Fred Korematsu Day of Civil Liberties and the Constitution will provide an important teaching moment for California and its students.”

“As a trailblazer of civil rights who stood against the incarceration of Japanese Americans during World War II, Fred Korematsu’s legacy reminds us that we must use this dark period in our history as a teaching tool to educate future generations on the importance of preserving civil liberties for everyone,” said Assemblymember Block. “I thank the Governor for signing the Fred Korematsu Day of Civil Liberties and the Constitution into law because it further ensures that Fred’s legacy of bravery and sacrifice will be taught in classrooms and help us remain vigilant against the racism and stereotyping he fought to overcome.”

During World War II, Korematsu was a 23-year-old welder in San Leandro, California who defied military orders that ultimately led to the evacuation and incarceration of 120,000 Japanese Americans, including Korematsu and his family. The Korematsu family was held first in the Tanforan Race Track Assembly Center in San Bruno, Calif., and then incarcerated in the Topaz incarceration camp in Utah.

He took his challenge to the military orders to the U.S. Supreme Court, which, in 1944, upheld his conviction on the ground that the forced removal of Japanese Americans was justified by “military necessity.” That decision has been widely condemned as one of the darkest chapters in American legal history.

After four decades of having to live with a “disloyalty” conviction on his record that limited him from securing full-time work, Korematsu filed suit to reopen his case on proof that the government, when arguing his case during the war, had suppressed, altered, and destroyed material evidence that contradicted the government’s claim of military necessity. In 1983, the Federal District Court for the Northern District of California granted his petition for a writ of error coram nobis (a notice of error) and overturned his conviction.

“Fred Korematsu’s eventual court victory taught America about the fragility of civil rights especially during times of international tensions,” said attorney Dale Minami, a member of Korematsu’s legal team and Steering Committee of the Korematsu Institute. “It reinforced our belief that civil rights must be fought for and are not simply guaranteed by the courts or by any governmental institution.”

Korematsu went on to champion the cause of civil liberties, not only seeking redress for Japanese Americans who were wrongfully incarcerated, but also traveling the country to advocate for the civil rights of other victims of excessive government action, especially after 9/11. He passed away in 2005 at the age of 86.

“After my father’s conviction was overturned in 1983, his focus and mission was education,” said Karen Korematsu. “He believed it was important to teach about his struggle for justice and the Japanese American incarceration so that the mistakes of history would not be repeated in the future. The significance of this day will enable students of today and tomorrow to learn and discuss the lessons of American history relevant to the current discussions of the Constitution and our civil liberties.”

In a post-9/11 nation where national security policies are based on fear and prejudice, the Korematsu Institute is dedicated to advancing pan-ethnic civil rights through education, activism and leadership development.

SOURCE: Fred T. Korematsu Institute for Civil Rights and Education. PHOTO by Lia Chang.

Praising the ruling, JACL National President David Kawamoto stated, “The JACL welcomes this decision, which affirms an individual’s fundamental right to marry regardless of one’s sexual orientation. This ruling is about equal rights, as guaranteed by the U.S. Constitution, and confirms our nation’s commitment to fairness. While we know more legal hurdles lie ahead, this is one more step towards a just and inclusive society.”

The JACL has long supported marriage equality. In 1967, the JACL was an amici to the U.S. Supreme Court in the case of Loving v. Virginia, the seminal case that struck down anti-miscegenation in 17 states. In 1994, the JACL became a leader in this effort by becoming the first non-LGBT group after the ACLU to support marriage equality. When Proposition 8 was placed on the ballot in California, the JACL joined with API Equality to inform its members of the civil rights ramifications of this initiative, sponsoring programs and press conferences to educate the broader community that separate is not equal.

In his ruling, Judge Walker stated, “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”

JACL National Director Floyd Mori stated, “Any union of a couple that is based on love, mutual respect, sacrifice and commitment should be afforded the same legal rights. The JACL is pleased with this decision. Discrimination against any group of people has no place in our society.”

SOURCE: JACL press release

“API Equality-LA and our partner, API Equality-Northern California, applaud the judge’s meticulous and carefully reasoned decision that Proposition 8 violates the basic constitutional rights of lesbian and gay couples,” said Doreena Wong, Co-Chair of API Equality-LA. “The judge’s conclusions add to the growing consensus in courts and legislatures across the country that no good reasons exist for continuing to exclude same-sex couples from marriage. Instead, the evidence and legal arguments showed that Proposition 8 harms loving gay and lesbian couple and their families, while helping no one,” added Heidi Li, API Equality-Northern California Steering Committee Member.

Judge Walker’s decision is important to Asian and Pacific Islanders (APIs) in California, where the more than 66,000 APIs who identify as gay or lesbian comprise the largest community of Lesbian, Gay, Bisexual, Trans, Queer, and Intersex (LGBTQI) APIs in the United States, according to the Williams Institute at UCLA School of Law.

“Victories like today’s decision inspire important conversations about the harms of discrimination and the need for equality under law for all people,” said Tawal Panyacosit, Director of API Equality-Northern California. “But, we cannot rest on our laurels. These critical dialogues must continue, as we must also speak to the many other ways LGBTQI APIs are harmed by injustice, like Shirley Tan and Jay Mercado, a same-sex Filipina couple who face continued threat of separation due to an unfair immigration system. We know from our years of work educating the API community about these issues that it is these discussions within our own communities that changes hearts and minds.”

Added Rev. Dr. Jonipher Kwong, Director of API Equality-LA, “All across the nation, APIs have played an integral role in advancing the right of same-sex couples to marry-as plaintiffs, judges and witnesses in legal cases and as elected and community leaders in the court of public opinion. APIs personally know the history and impact of marriage discrimination and today, we cheer Judge Walker’s decision as being on the right side of history, where discrimination is overcome by justice and fairness.”

API Equality-Northern California is a coalition of Asian Pacific Islander (API) and Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, and Intersex (LGBTQI) organizations and individuals serving Northern California.  API Equality-Northern California is dedicated to empowering community members, advancing civil rights protections, and promoting respect and understanding for cultural and community diversity.

API Equality-LA is a coalition of organizations and individuals who are committed to working in the Asian and Pacific Islander (API) communities in Greater Los Angeles for equal marriage rights and fair treatment of lesbian, gay, bisexual and transgender (LGBT) families through community education and advocacy.

SOURCE: API Equality-LA

Add yourself to the event on Facebook.

Ticket prices are: $150 (general admission); $135 (government attorneys); $110 (non-profit attorneys); and $95 (law students). To register and pay online, visit their Acteva page. To pay by check, please send your name, employer/organization, mailing address, telephone, and e-mail address (and indicate whether you require a vegetarian meal) to: AABA, PO Box 190517, San Francisco, CA 94119. Please allow enough lead time for receipt by the deadline.

For information on table sponsorships and other sponsorships, or for other questions, please e-mail aabadinner@gmail.com or download the sponsorship packet PDF.

Government agencies and government-affiliated groups and non-profit organizations who organize tables of 10+ individual ticket holders will be recognized in the dinner program, if you let us know soon enough for our print deadlines!

This information is subject to change, so visit the AABA website for the latest information.

Chevron Corporation’s multi-million dollar “Human Energy” advertising campaign touts how much Chevron values people. Chevron’s website promotes the “Chevron Way” – the company’s commitment to complying with the law and placing “the highest priority on the health and safety of our workforce.”

The reality for John Suzuki, who worked at Chevron for over 35 years, was much different. An award-winning patent liaison in Chevron’s Law Department in Richmond, Calif., Suzuki was forced to take early retirement this month rather than risk his health by returning to work under a supervisor who harassed and threatened him, and called him a “stupid Jap.”

Suzuki wanted to continue working at Chevron, but the company refused his doctors’ directives that he must be moved to a different department or else he would be at high risk of having a heart attack.

“Stupid Jap” Slur

The doctors had diagnosed Suzuki as being at high risk of another heart attack after he had at least two episodes of severe chest pains following incidents in which his supervisor, Alan Klaassen harassed him by yelling at him, making false accusations and threatening him.

After one such incident in January 2008, Suzuki went to his doctor, who told him that he had to reduce his workload or else he might have a heart attack. When Suzuki told Klaassen and a manager, Frank Turner, what his doctor said, Klaassen and Turner laughed at Suzuki.

Things came to a head in August 2009 when Klaassen again yelled at Suzuki, waved his fist in his face, threatened him and falsely blamed him for problems in the work. Klaassen also called Suzuki a “stupid Jap.”

Use of racial slurs by supervisors on the job violates federal and state anti-discrimination laws and laws prohibiting hostile and abusive work environments. As one federal appeals court noted in 1993, “Perhaps no single act can more quickly ‘alter the conditions of employment and create an abusive working environment’ . . . than the use of an [unambiguous] racial epithet . . . by a supervisor….”

Following the August 2009 incident, Suzuki again suffered severe chest pains. His doctors put him on medical leave and have been treating him since then. They told Chevron that he could return to work only when he was taken out of his hostile work environment and moved to a different department.

Chevron categorically refused to consider moving Suzuki to a different department. If Suzuki did not return to his department and his supervisor Klaassen, he faced termination, Chevron told him.

Suzuki got an attorney, John Ota of Alameda, Calif., who pointed out to Chevron that under California law, the company must separate Suzuki from Klaassen, at the very least until Chevron did a fair and thorough investigation of Suzuki’s charges that Klaassen had insulted him with a racial epithet and otherwise created a hostile work environment.

Investigation or Cover-up?

Demanding that Suzuki return to work under Klaassen before Chevron had even investigated the matter assumed that Klaassen would be cleared, Ota noted, an indication that Chevron had no intention of conducting a fair and objective investigation as required by law.

Chevron refused to budge. Faced with termination and the possible resulting loss of his retirement benefits, Suzuki reluctantly chose early retirement on February 1.

Meanwhile, Japanese American and Asian American organizations, disturbed about Suzuki’s situation, began contacting Chevron to express their concerns.

Richard Konda, Executive Director of Asian Law Alliance in San Jose wrote Chevron on January 12, stating that it was “highly inappropriate and insensitive” for Chevron to demand that Suzuki return to work under Klaassen before completing its investigation.

Patty Wada, Regional Director of the Japanese American Citizens League (JACL) Northern California-Western Nevada-Pacific District, said in a January 22 letter that she was appalled to hear that Suzuki had been subjected to racial slurs by his supervisor.

Under pressure, Chevron hired an outside Japanese American attorney, Susan Kumagai, to investigate Suzuki’s charges. On her website, Kumagai describes herself as a specialist in “representing management” against discrimination charges.

Suzuki asked Kumagai and Chevron how many such investigations Kumagai had done in the past and in how many of those investigations, if any, she had concluded that a hostile work environment existed. Neither Kumagai nor Chevron responded to these questions.

Not surprisingly, Kumagai conducted a quick investigation and concluded that none of Suzuki’s charges could be substantiated. Chevron informed Suzuki of these results on February 16, but refused to provide him with a copy of Kumagai’s report.

In her hasty effort, Kumagai failed to even talk to some witnesses Suzuki said could confirm that he told them about Klaassen’s racial slur soon after it happened. Because in this, as in many other harassment cases, there were no witnesses to the actual harassment, such corroborating witnesses are often crucial to verifying the victim’s account of what happened.

The failure to interview corroborating witnesses, hiring as the investigator an attorney who defends management for a living, and Chevron’s refusal to provide Suzuki with a copy of the investigation report – these are all “signs pointing to a cover-up,” not a fair and objective investigation, says Ota.

Letter Writing Efforts

Suzuki is continuing to ask organizations to write Chevron on his behalf. What is important to him, he says, is “the principle of the matter – racial remarks like this cannot be tolerated.”

The points he wants organizations to make in their letters to Chevron are first, that Chevron conduct a fair and thorough investigation of his charges, an investigation by someone who has a history of doing evenhanded investigations, not by a management defense attorney.

Second, Suzuki wants Chevron to provide him with Kumagai’s investigation report, and also to provide the report when a fair and thorough investigation is completed.

Last, Suzuki asks that Chevron fire Klaassen if it finds that Klaassen did call Suzuki a “stupid Jap” and that Suzuki be allowed to return to work at Chevron in a different department.

Leaders of Nikkei for Civil Rights and Redress (NCRR) in Los Angeles wrote to Chevron on February 10. Paul Osaki, Executive Director of the Japanese Community and Cultural Center of Northern California sent Chevron a letter on February 19.

Other organizations in Los Angeles, San Jose and San Francisco have also agreed to write to Chevron.

Those interested in contacting Chevron should write to: John S. Watson, Chief Executive Officer, Chevron Corp., 6001 Bollinger Canyon Road, San Ramon, CA 94583.

APALSA is this year proud to honor United States Magistrate Judge Edward Chen with its Alumni of the Year Award.

Individual tickets are $100. Tickets for employees of non-profit organizations is $50. Sponsorship opportunities available.

Purchase your ticket online at http://www.apalsa-boalt.org/Fellowship/

This is Berkeley Law’s Asian Pacific American Law Student Association’s (APALSA) third annual alumni and public interest fellowship dinner. APALSA is the largest student-run organization at Berkeley Law as well as the largest Asian Pacific American law student association in the nation.

In addition to honoring alumni and leaders who have made significant contributions to the Asian Pacific American legal community, the dinner raises funds toward the endowment of the Dale Minami Public Interest Fellowship, which provides critical financial support to outstanding individuals who commit to serving the public interest.

Minami Fellows are selected for their diverse backgrounds, record of exceptional academic and professional accomplishment, leadership in community service, and commitment to social justice and public interest work. The 2010 fellowship recipient will be honored at the event.

Please e-mail minamifellowship@gmail.com or phone (916) 538-2826 if you have any questions or need additional information about this event.