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State Reaching Out To Elderly, Immigrants

By Luke Turf, Tucson Citizen

July 10, 2004



Elderly Tucsonans and immigrants living in the Old Pueblo are particularly vulnerable to civil rights or consumer fraud violations but are less likely to take the time and trouble to report problems, according to the state Attorney General's Office.

So the office is reaching out to them. 

"We want to see more. We want to handle more of these cases," said Virginia Gonzales, chief counsel of the Arizona attorney general's Civil Rights Division. 

Under the Community Services Program, the attorney general is opening satellite offices from Prescott Valley to Oro Valley, with a Tucson office planned by the end of the year, Gonzales said. 

But people such as Dioncio Lopez Pena aren't waiting for them to come to him. He's getting help from the Tucson-based human rights group Derechos Humanos to get his beef into some hands that might be able to do something about it. 

Gonzales can't confirm or deny whether a complaint has been filed unless legal action is taken. She is not familiar with Lopez's case. 

Lopez, 34, came from Veracruz, Mexico, to the United States in 1997. He works construction now, but used to also work at Guardian Angel Adult Homecare in Tucson, he said. 

He worked a total of about 60 hours in three weeks, for which he got $200, he said. 

"I said, 'Fine, I don't want to fight.' I just asked him if he thought $200 was fair for more than 50 hours," said Lopez, a certified caregiver. 

Gloria Topete disputed Lopez's claim. 

Her family owns Guardian Angel, and she said they were helping him by giving him a cash job doing yard work and some caregiving. 

"He wasn't here. He didn't clock in," Topete said. "I don't know what he's trying to get out of this." 

Guardian Angel has been in business about seven or eight years and cares for five patients with four employees, Topete said. 

Lopez said Derechos Humanos helped him get his complaint to the Attorney General's Office. 

Kat Rodriguez of Derechos Humanos said it is airing spots on Spanish-language radio stations to get the word out that immigrants - legal or illegal - have rights and can get their voices heard. 

"We are very excited that the attorney general is taking an earnest look at these types of cases," Rodriguez said. 

Derechos Humanos sent about 15 cases to the Attorney General's Office in the past six weeks, she said. 

Gonzales said the satellite office concept began at least two years ago with the senior citizen population and recently was expanded to cover immigrants. 

Complaints are checked to make sure the attorney general has jurisdiction.

Then they are assigned to compliance officers, who interview people on both sides of each complaint to decide whether to file charges. The office has one year to do so from the time the complaint is received. 

Gonzales said a large percentage of discrimination cases are settled, but if they do go to trial, most are in Superior Court. 

"We want people to know what the law is and comply with the law," Gonzales said. 

The Attorney General's Office asks companies to establish discrimination policies and explain them to employees, she said. 

Lopez is happy Derechos Humanos is helping him. 

"They're able to help people who can't defend themselves," he said. 


YOUR RIGHTS: 

· Illegal immigrants have the same housing and employment rights as legal immigrants and are entitled to the same protection under the Civil Rights and Consumer Fraud acts. 

· Anyone older than 40 may file an age discrimination complaint. 

· The Attorney General's Office has satellite offices in Sun City, Prescott Valley, Mesa, Apache Junction, Oro Valley, Paradise Valley and Lake Havasu City and plans to open offices in Tucson, Yuma and northern Arizona. 


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