January 15, 2009
Contact: Shirley J. Wilcher
202-349- 9855
American Association for Affirmative Action
Issues “Legislative Wish List” for 111th Congress
Washington, DC. (January 15, 2009) – The American Association for Affirmative Action (AAAA), a non-profit association dedicated to the promotion of affirmative action as an instrument to fulfill the nation’s promise of equal opportunity for all under-represented groups announced its Legislative “Wish List” for the 111th Congress beginning January 2009. “AAAA believes that the legislation that we support has strong bipartisan support,” said ReNee S. Dunman, president of AAAA. “More importantly, these bills will promote equal employment opportunity – a fundamental policy that ensures access to all in the nation’s workplaces. In our view, equal employment opportunity is not only morally correct; it is in the nation’s interest as we seek to compete in a global economy,” she added. In addition to supporting the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act, AAAA supports the Employment Non-Discrimination Act (ENDA), which will prohibit discrimination on the basis of sexual orientation or gender identity. AAAA also seeks a return to the 2001 funding and staffing levels for three agencies responsible for enforcing equal employment opportunity laws, the Equal Employment Opportunity Commission (EEOC), the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and the Office of the (DOL) Solicitor’s civil rights staff.
The AAAA Legislative Agenda follows:
End Compensation Discrimination and Promote Equal Pay – Enact the Lilly Ledbetter Fair Pay Act (H.R. 11) and the Paycheck Fairness Act (H.R. 12)
Issues “Legislative Wish List” for 111th Congress
Washington, DC. (January 15, 2009) – The American Association for Affirmative Action (AAAA), a non-profit association dedicated to the promotion of affirmative action as an instrument to fulfill the nation’s promise of equal opportunity for all under-represented groups announced its Legislative “Wish List” for the 111th Congress beginning January 2009. “AAAA believes that the legislation that we support has strong bipartisan support,” said ReNee S. Dunman, president of AAAA. “More importantly, these bills will promote equal employment opportunity – a fundamental policy that ensures access to all in the nation’s workplaces. In our view, equal employment opportunity is not only morally correct; it is in the nation’s interest as we seek to compete in a global economy,” she added. In addition to supporting the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act, AAAA supports the Employment Non-Discrimination Act (ENDA), which will prohibit discrimination on the basis of sexual orientation or gender identity. AAAA also seeks a return to the 2001 funding and staffing levels for three agencies responsible for enforcing equal employment opportunity laws, the Equal Employment Opportunity Commission (EEOC), the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and the Office of the (DOL) Solicitor’s civil rights staff.
The AAAA Legislative Agenda follows:
End Compensation Discrimination and Promote Equal Pay – Enact the Lilly Ledbetter Fair Pay Act (H.R. 11) and the Paycheck Fairness Act (H.R. 12)
In Ledbetter v. Goodyear Tire &Rubber Company, the Supreme Court reversed a well-established legal standard and severely weakened protection for pay discrimination critical for women in the workplace. In an effort to overturn the Supreme Court ruling and to help ensure that individuals subjected to unlawful pay discrimination are able to effectively assert their rights under the federal antidiscrimination laws, last year the House passed the Fair Pay Restoration Act in the 110th Congress. However, the Senate narrowly failed to invoke cloture.
With a new administration that has indicated support for the bill, we urge Congress to pass the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act, which would allow employees to pursue compensatory and punitive damages in pay lawsuits, prohibit retaliation for inquiries concerning pay and codify the government’s authority to collect and disseminate information on compensation, including the Department of Labor’s (OFCCP) equal opportunity survey.
End discrimination in employment based on sexual orientation and/or gender identity
AAAA believes that every worker should be judged solely on his or her merits. Yet in most states, it remains legal to reject or fire a worker simply because of his or her sexual orientation or gender identity. The Employment Non-Discrimination Act (ENDA) would prohibit such discrimination in most workplaces, while carefully addressing the needs of small businesses, religious institutions, and other employers with a legitimate need for flexibility. ENDA has enjoyed strong support from Congress as well as from the general public, and its enactment is long overdue.
Pass the Civil Rights Act of 2009
The Civil Rights Act of 2009 is a comprehensive bill to reverse Supreme Court decisions that have undermined existing civil rights laws. Among its most notable and far-reaching provisions, the Civil Rights Act corrects the Supreme Court’s 2001 Alexander v. Sandoval decision by establishing a private right of action against entities receiving federal funding based on evidence of disparate impact. The bill also strengthens gender and age discrimination protections, improves remedies for victims of discrimination, prevents employers from forcing workers to bring workplace claims to arbitration instead of the courts, and addresses workplace exploitation of undocumented workers.
Fully Fund the Civil Rights Enforcement Agencies
It is not enough to enact civil rights laws to promote equal employment opportunity. There must also be sufficient Federal agency staff to ensure compliance with these laws. The Equal Employment Opportunity Commission (EEOC), and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and civil rights staff at the Office of the Solicitor exemplify the devastating impact that the budget cuts taken during the last eight years have had. At the EEOC, the agency suffered a reduction in Full-Time Equivalents (FTEs) from 2,704 staff in 2001 to 2,157 FTE in FY 2007. (There is an estimated increase to 2,389 in FY 2008). At the OFCCP, the reductions have been even more drastic: In 2001, OFCCP had 776 FTE; in 2007, the program had only 585 FTE. The OFCCP, the agency responsible for enforcing EEO standards at federal contractor facilities covering nearly one-quarter of the civilian labor force, has therefore lost nearly one-fourth of its staff since 2001. The Office of the Solicitor of Labor, which abolished its civil rights division three years ago, has only approximately two managers and four lawyers left to enforce the laws when federal contractors fail to comply. AAAA recommends that the EEOC, OFCCP and SOL civil rights staff be restored to the 2001 levels.
For further information, please contact Shirley J. Wilcher, Executive Director, AAAA, at 202-349-9855 or email execdir@affirmativeaction.org.
About the American association for affirmative action
Founded in 1974, the American Association for Affirmative Action is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.
For more information about AAAA, please visit www.affirmativeaction.org.
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