AAAA meets with Federal agency officials and Federal EEO employee representatives

On May 13th, representatives from the American Association for Affirmative Action (AAAA), board members John Gonzales, Julia Fuentes, Gregory Chambers, former Professional Development and Training Institute Chair Marjorie Powell and AAAA Executive Director Shirley Wilcher, met with representatives from three of the federal civil rights enforcement agencies: the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), the Equal Employment Opportunity Commission (EEOC) and the Department of Education’s Office for Civil Rights (OCR). AAAA also met with representatives of the federal EEO employees’ organization. This is part of an ongoing effort to introduce AAAA to the new leadership of the civil rights enforcement agencies since the election of President Barack Obama.

At the OFCCP, AAAA visited with OFCCP Director Patricia A. Shiu. Director Shiu noted the emphasis that the agency is placing on the affirmative action issues facing veterans and individuals with disabilities. The agency is also meeting with stakeholder groups on the construction regulations. Director Shiu has called for a moratorium on the Functional Affirmative Action Plan program while the agency reviews its efficacy. The Functional Affirmative Action Plans requests for renewal or for approval (for new requests) are put on hold upon further review of what is going to be done with the FAAP program. The DOL is also continuing the emphasis on compensation issues/equal pay. OFCCP is reviewing the Federal Contract Compliance Manual as well. Director Shiu urged AAAA to comment on the proposed regulations when they are published and thought that the organization could be helpful with linkages. As for the publication of formulae on adverse impact and compensation, she noted that this was a DOL policy issue and would have to be decided at that level. AAAA offered to serve as a resource and to engage in “reverse compliance assistance” where possible on higher education. OFCCP will conduct a webinar for AAAA in the coming months.

AAAA noted the anecdotal data that show the diminishing presence of EEO and Affirmative Action officers in the workplace. Director Shiu expressed an interest in seeing the results of any survey that AAAA conducts to further research the extent of this phenomenon.

At the EEOC, the AAAA representatives met with EEOC Commissioner Stuart Ishimaru and discussed the E-Race Initiative begun during the administration of Naomi Earp. He noted that issues of race discrimination continued to need emphasis, even while EEOC takes on other important issues. Other issues that Commissioner Ishimaru was concerned with include technology, helping younger people to know their rights, the changing demographics and ways to reach different constituencies. It was suggested that EEOC add more resource tools for employers who want to audit themselves and to be proactive in promoting equal employment opportunity.

The issue of diversity in higher education was a major discussion point with the Office for Civil Rights meeting. AAAA met with Deputy Assistant Secretary Ricardo Soto and his colleagues. We urged the agency to clarify the responsibilities of colleges and universities since the Grutter decision on affirmative action, and provide guidance and best practices so that colleges and universities can comply with the new administration’s civil rights enforcement expectations. We also discussed workforce preparation challenges at the K-12 levels and the continuing importance of eliminating barriers to equal education opportunity. DAS Soto noted that OCR has 600 FTEs (staff) and conducts 6300 complaint investigations per year. The goal is to process each complaint within 180 days. In 2010, OCR plans to conduct 38 compliance reviews.

--SJW 5/17/10