As of this writing, the case has not yet gone to court, but the defendants
have been charged with conspiring to violate Cruz’s constitutionally
protected rights (due process, equal treatment, unreasonable seizure) and
further, to deny Cruz and her daughter their constitutional rights to family
integrity. The charges are based on the accusation that these actions were
taken on the basis of race and/or national origin.
It wasn’t until the child was a year old that she was returned to Cruz,
who then took her daughter home to Mexico. This very tardy reunion came
about not because Mississippi took any steps to rectify the situation, but
because of an investigation by the U.S. Department of Health and Human
Service’s Office for Civil Rights and Administration for Children and
Families. The letter written by the last agency to executive director of the
Mississippi office listed a number of infractions and violations of
procedures. HHS expressed concerns about this case not just because of
the nature of the violations, but because “The MDHS staff interviewed did
not see these issues as problematic. This leads us to conclude that this may
be how business is conducted and that this is not an isolated incident”
(Byrd 2010b).
The Workplace
As was seen in Chapter 9, Latinos/as are actively discriminated against in
the workplace. Earlier in this chapter Barrett’s study of language ideology
in an Anglo-owned Mexican restaurant provided another example in the
form of a linguist’s first-person account. Two generalizations might be
made at this point: first, Barrett’s study shows how deeply rationalizations
for discriminatory behaviors are engrained, and, second, that the
systematic, almost obligatory use of racist language and racist treatment
toward Latinos/as is just obscure enough to keep such practices out of the
courtroom.
Stepping back, it is clear that all employers, good, bad or indifferent,
take a number of features into account to make initial, sometimes very
hasty, yes/no hiring decisions. This happens as a matter of course, and for
the most part, below the level of consciousness. Markley’s study of
employers in Texas established that individuals were willing to make
judgments on such things as intelligence and diligence on the basis of a
recorded voice alone (Markley 2000).