SOCIAL JUSTICE BLOG

Read and share the extraordinary stories from the frontlines of social change

Impact Fund Spring Grants Support Women, Kids, and People of Color Seeking Justice 
Litigation Funding, Social Justice Teddy Basham-Witherington Litigation Funding, Social Justice Teddy Basham-Witherington

Impact Fund Spring Grants Support Women, Kids, and People of Color Seeking Justice 

In our spring grantmaking cycle, we granted $131,500 to support three impact lawsuits across the country. Our new grantees are doing incredible work to protect the rights of foster youth, challenge the racially biased use of surveillance technology, and prevent gender discrimination in insurance pricing. We are grateful to be supporting these important cases—these are the compelling stories behind them.

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Ending Racist and Sexist Exclusion of Caregivers from Critical Labor Standards in Washington
Workers' Rights, Caregivers Teddy Basham-Witherington Workers' Rights, Caregivers Teddy Basham-Witherington

Ending Racist and Sexist Exclusion of Caregivers from Critical Labor Standards in Washington

Despite the high priority of their work and its inherent danger, live-in caregivers in the state of Washington may be paid shockingly subminimum wages without any access to state-mandated sick leave. They often work 24-hour shifts without uninterrupted breaks or sleep. Caregivers provide personal care and companionship for residents, assisting residents in bathing, dressing, eating, moving about, taking medication, and attending appointments. This care sometimes includes shifting immobile patients in bed to prevent pressure ulcers. Our clients’ work caused them to suffer musculoskeletal injuries and viral infections, including COVID-19.

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Una demanda colectiva convierte una inhumana redada de inmigración en una victoria de la justicia social
Teddy Basham-Witherington Teddy Basham-Witherington

Una demanda colectiva convierte una inhumana redada de inmigración en una victoria de la justicia social

El 5 de abril de 2018, oficiales y agentes de ICE rodearon la planta de Southeastern Provisions y fuimos arrestados y discriminados agresivamente en función de nuestro país de origen. Solo los trabajadores latinos fueron arrestados, mientras que los trabajadores blancos fueron dejados solos. Mientras se realizaba el allanamiento, me sentí muy asustado, especialmente por la forma en que los agentes actuaron con nosotros los trabajadores. Los agentes nos gritaban, nos agarraban agresivamente y tenían sus armas desenfundadas.

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Class Action Turns Inhuman Immigration Raid Into Social Justice Victory
Teddy Basham-Witherington Teddy Basham-Witherington

Class Action Turns Inhuman Immigration Raid Into Social Justice Victory

On April 5, 2018, officers and ICE agents surrounded the Southeastern Provisions plant and we were aggressively arrested and discriminated against based on our country of origin. Only the Latino workers were arrested while white workers were left alone. As the raid was happening, I felt very scared especially because of the way the agents acted towards us workers. Agents were yelling at us, grabbing us aggressively, and had their weapons drawn. We decided to bring this lawsuit because our rights were violated as immigrants and as human beings. We as workers were traumatized by the way we were treated, and our families suffered as well.

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Class Action Breaks Pattern & Practice of Discrimination For 67,000 Women
Class Action Hall of Fame, Gender Discrimination Teddy Basham-Witherington Class Action Hall of Fame, Gender Discrimination Teddy Basham-Witherington

Class Action Breaks Pattern & Practice of Discrimination For 67,000 Women

Ms. McConnell was terminated from her store manager job at Sterling after objecting to blatant sexual harassment and was told by her district manager that she could not fight Sterling because “you are only one person.” Ms. McConnell replied, “It only takes one.” McConnell filed her initial charge with the EEOC without an attorney and sought help from the federal government.  Other Plaintiffs, like Dawn Souto-Coons, became fed up with the continued denials of promotion opportunities and the unfair pay she was experiencing, and reacted by getting angry and then hiring experienced class action attorneys to assist her. Ms. Souto-Coons said, “I was so mad, it was just an old boys’ club.”

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Class Action Brings Justice For Students With Disabilities Unnecessarily Held in Restraints and Seclusion
Class Action Hall of Fame Teddy Basham-Witherington Class Action Hall of Fame Teddy Basham-Witherington

Class Action Brings Justice For Students With Disabilities Unnecessarily Held in Restraints and Seclusion

I decided to take a stand when my own eight year old (at the time) came to me in fear of my punishing her, to tell me that she thought she had been abused at the school and didn’t think it was right and wanted to put a stop to it. When she came to me, she felt as though I was not only aware that it was being done, but also that I agreed with it. In disbelief I decided to make it clear to my daughter that not only was I not in agreement with her treatment, but that I wouldn’t tolerate it for anyone else. It only took an instant for me to decide to take on this battle for as long as I was needed.

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People With Disabilities Triumph Over Discrimination in Foreign Service
Class Action Hall of Fame, Disability Rights Teddy Basham-Witherington Class Action Hall of Fame, Disability Rights Teddy Basham-Witherington

People With Disabilities Triumph Over Discrimination in Foreign Service

The State Department denied me the Class 1 medical clearance necessary to begin a position with the Foreign Service. The agency's only reason was my “diagnosed neurological condition,” based on my 1994 multiple sclerosis (MS) diagnosis.  They did not consider whether my MS would affect my ability to perform the essential functions of a Foreign Service Officer, but rather thwarted my career based on stereotypes about MS. 

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Class Action Brings Relief To Black Students Unfairly Targeted For Suspension
Class Action Hall of Fame, Racial Justice Teddy Basham-Witherington Class Action Hall of Fame, Racial Justice Teddy Basham-Witherington

Class Action Brings Relief To Black Students Unfairly Targeted For Suspension

A 2018 study by San Diego State and UCLA researchers confirmed Sacramento's record of suspending Black students more frequently. In response, we decided to organize a Parent Listening Session to understand how our Black families were coping with the issues identified in the report. I didn't expect much turnout on a Saturday morning and attended out of mere curiosity. One by one, parents shared their harrowing experiences. The stories were powerful and deeply moving. By the end of the session, there wasn't a dry eye in the room. The neglect and mistreatment these families endured at the hands of the district was heart-wrenching. The idea of a lawsuit, which had been lingering in our minds, became a definitive decision by the end of the meeting.

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The Highs and Lows of Mental Health Care Class Action Litigation in Illinois Prisons
Class Actions, Prisoners' Rights, Mental Health Teddy Basham-Witherington Class Actions, Prisoners' Rights, Mental Health Teddy Basham-Witherington

The Highs and Lows of Mental Health Care Class Action Litigation in Illinois Prisons

While some progress was made, Illinois Department of Corrections never came close to meeting the requirements of the settlement. It did not have enough staff. Too many people with mental illnesses remained in solitary, no meaningful treatment was provided to people on crisis watch, and it was never able to consistently provide the required out-of-cell time (among other failings). As the residential treatment units began to fill up, correctional treatment officers were no longer part of the mental health team. Many new supervisors, who were transferred from traditional maximum-security prisons, brought their punishment-based culture with them..

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Learning About Your Rights Shouldn’t Be Frustrating: Access to Justice and Class Action Lawsuits
Class Actions, Class Action Notice, Access To Justice Teddy Basham-Witherington Class Actions, Class Action Notice, Access To Justice Teddy Basham-Witherington

Learning About Your Rights Shouldn’t Be Frustrating: Access to Justice and Class Action Lawsuits

The Notice Project embodies our dedication to advancing social justice by addressing the problem of class notices that frustrate readers. By helping lawyers draft class notices that better inform and catch the eye of class members, we can make it easier for people to understand their legal rights, participate in class action lawsuits, and receive the benefits they deserve.

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Securing the Right to Community Radio for Indigenous People in Guatemala
Indigenous Peoples, Community Radio, Human Rights Teddy Basham-Witherington Indigenous Peoples, Community Radio, Human Rights Teddy Basham-Witherington

Securing the Right to Community Radio for Indigenous People in Guatemala

The court told Guatemala that it must change its laws to ensure that Indigenous communities can legally operate community radio stations. This is going to take a few years, and the court gave Guatemala a reasonable period of time to do that. While the law reform is being done, Guatemala is required to legally recognize the harmed communities and their radio stations.

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Succession - Impact Fund Style: Thoughtful and Joyous!
Impact Fund, Leadership Succession Teddy Basham-Witherington Impact Fund, Leadership Succession Teddy Basham-Witherington

Succession - Impact Fund Style: Thoughtful and Joyous!

Under Jocelyn’s leadership, Lindsay has grown into the Executive Director role before our very eyes. Having had the privilege of being a small part of the succession planning arc for the organization, I know that Jocelyn has complete confidence that Lindsay is the right person to step into the Executive Director position. Lindsay’s colleagues and the Board unanimously agree. None of us take for granted the rich resources and infrastructure that Jocelyn, Lindsay, Teddy, Amy, Erin, and the whole organization have so carefully cultivated over the years. They will serve the organization so well in this next chapter.

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PolyMet's Water Pollution Permit For Sulfide Ore Mine Thrown Out!
Environmental Justice, Clean Water Teddy Basham-Witherington Environmental Justice, Clean Water Teddy Basham-Witherington

PolyMet's Water Pollution Permit For Sulfide Ore Mine Thrown Out!

The Minnesota Supreme Court’s decision to throw out PolyMet’s water pollution permit was a complete vindication of WaterLegacy’s work after many years of investigation and litigation, much of which was supported by the Impact Fund. The Minnesota Supreme Court not only reversed a major PolyMet permit, but also held that “secrecy is unacceptable.” The Court’s decision has already been cited several times, and we believe it will have important precedential value in Minnesota to protect clean water and regulatory integrity. 

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Impact Fund Grantees Combat Injustice & Score Major Victories in 2023
Impact Litigation, Social Justice Teddy Basham-Witherington Impact Litigation, Social Justice Teddy Basham-Witherington

Impact Fund Grantees Combat Injustice & Score Major Victories in 2023

As we approach the end of 2023, we wanted to take a moment to reflect on our grantees’ incredible accomplishments. This year, Impact Fund grantees achieved meaningful change for a wide range of communities experiencing injustice, including incarcerated people, racial justice protesters, mobile home residents, unhoused people, and more. We were honored to help support these cases, which demonstrate how impact litigation can be an effective tool to hold powerful entities accountable.

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It’s Not the Numbers, It’s the People
Impact Fund, Succession Planning Teddy Basham-Witherington Impact Fund, Succession Planning Teddy Basham-Witherington

It’s Not the Numbers, It’s the People

As I prepare to turn over the reins of the Impact Fund to Lindsay, I cannot help but reflect on some of the turning points in the organization’s history and some important people who have made the organization what it is.  I write to highlight just a few of those moments and individuals, although I feel that I could fill a book with stories of the many talented people who are or have been part of our Impact Fund family over the past 30 years.

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  Class Action Advances the Welfare of 6,000 Foster Children in West Virginia
Class Actions, Foster Care Teddy Basham-Witherington Class Actions, Foster Care Teddy Basham-Witherington

Class Action Advances the Welfare of 6,000 Foster Children in West Virginia

The West Virginia child welfare agency that was supposed to protect foster child, Jonathan, has failed.  Last month, in a huge step forward, the case was certified as a class action, meaning that the case is now proceeding not only on behalf of Jonathan, but on behalf of all children in foster care in West Virginia. The children’s lawyers now have the opportunity to prove that children in the West Virginia foster care system are being subjected to an “unreasonable risk of harm,” which the state is constitutionally barred from inflicting on children.  

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Dakota Access Pipeline: Urgent Deadline to Stand Up for Environmental Justice
Environmental Justice, Native American Rights Teddy Basham-Witherington Environmental Justice, Native American Rights Teddy Basham-Witherington

Dakota Access Pipeline: Urgent Deadline to Stand Up for Environmental Justice

The Dakota Access Pipeline and the conflict over its controversial crossing of the Mississippi River is much further from the spotlight in 2023 as it was in 2016. Despite the lack of media attention, this issue is far from resolved – and a crucial deadline in the resolution process is rapidly approaching. On October 13, the environmental review public comment period will come to an end. Please consider writing to the U.S. Army Corps of Engineers calling for further environmental safeguards or a complete stoppage of the Dakota Access Pipeline before that deadline.

To write-in click here!

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Whistleblower Law, Impact Litigation, and the Potential for Social Justice
Whistleblower Law, Impact Litigation Teddy Basham-Witherington Whistleblower Law, Impact Litigation Teddy Basham-Witherington

Whistleblower Law, Impact Litigation, and the Potential for Social Justice

Whistleblower law remains fairly limited in who it can help—protecting federal employees and employees of federal contractors or grantees. For most cases to qualify as whistleblower cases, the case must include some aspect of fraud and public funding. Therefore, if there happened to be wrongdoing by a company that was privately owned and received no public money or tax incentives, then it would be unlikely that the case could be brought under any of the whistleblower programs.  

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Impact Fund & Allies File Class Action Seeking Justice for LGBTQ+ Veterans
Class Actions, LGBTQ Veterans Teddy Basham-Witherington Class Actions, LGBTQ Veterans Teddy Basham-Witherington

Impact Fund & Allies File Class Action Seeking Justice for LGBTQ+ Veterans

Discharge paperwork has significant long-term effects on the lives of veterans. A veteran’s DD-214 serves as their primary record of service. For these LGBTQ+ veterans, proving their military service – for instance, in applying to jobs or applying for veterans’ benefits – effectively amounts to “outing” their sexual orientation. Veterans who received discharges characterized as something other than “Honorable” are also barred from accessing many of the critical benefits available only to veterans with Honorable discharges. This includes healthcare through the Department of Veterans’ Affairs, funding for higher education, home loan financing, job benefits, and more.  

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Critical Race Theory & Us: How does this impact us and why should we care?
Critical Race Theory Teddy Basham-Witherington Critical Race Theory Teddy Basham-Witherington

Critical Race Theory & Us: How does this impact us and why should we care?

Critical Race Theory highlights how the concept of race does not have a biological foundation, but instead, is a socially constructed idea that has been historically embedded into our institutions and culture. The theory challenges everyone – regardless of ethnic identity – to look at how their experiences with racism actively contribute to those systems. Many politicians, educators, and social theorists, have proposed that CRT possesses the connotation that to achieve social equity, blaming and even being ‘racist back’ to white people will assist us in getting there. As of April 2023, 18 states have banned the teaching of Critical Race Theory in K-12 education, and 17 others currently have a bill introduced to congress to ban/restrict.

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