Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in Report of the U.S. Commission on Civil Rights: Subminimum Wages: Impact on the Civil Rights of People with Disabilities.

On September 17, 2020, the U.S. Commission on Civil Rights released a report entitled Subminimum Wages: Impact on the Civil Rights of People with Disabilities. This Dissenting Statement and Rebuttal by Commissioner Gail L. Heriot was a part of that report. The Commission concluded that Section 14(c) of the Fair Labor Standards Act somehow violates the rights of individuals with Down Syndrome or similar intellectual or developmental disabilities, because it allows them to take certain specially regulated jobs at less than minimum wage. Commissioner Heriot dissented from the Commission’s conclusion. According to her dissent, Section 14(c) provides such individuals with jobs that they would not otherwise have; eliminating 14(c) programs will mean fewer jobs. The parents of these individuals understand this. That’s why the Commission was deluged by them with comments supporting 14(c) programs. The Commission largely ignored those comments

Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in U.S. Commission on Civil Right Report: Racial Disparities on Maternal Health

On September 15, 2021, the U.S. Commission on Civil Rights published a report entitled Racial Disparities in Maternal Health (the “Report”). This Dissenting Statement and Rebuttal (the “Statement”) is a part of that report.Among other things, the Statement points out several errors in Report. For example, the Report incorrectly states that maternal mortality has increased 50% over the last generation. What has actually happened is that changes in death certificates have caused more deaths to be classified as maternal in nature. The Report also emphasizes the theory that racism plays a prominent role in causing racial disparities in maternal mortality. The Statement points out in response that maternal mortality rates for Hispanic and Asian American mothers are lower than the rate for white mothers. This tends to detract from the theory that racism is what’s causing the disparities