Tuesday, August 30, 2011

NIH Bias No Surprise to Black Scientists

The Root
From The Bottom Line: Reaction to research disparity
By: Frank McCoyPosted: August 26, 2011 at 12:32 AM

National Institutes of Health Director Francis Collins said that he was "deeply dismayed" and it was "simply unacceptable" that a study, "Race, Ethnicity, and NIH Research Awards," reported that black NIH-grant applicants were 13 percentage points less likely than whites to get NIH investigator-initiated research funding. Winning such grants is crucial for young scientists who intend to earn tenure at a major research university.

Full Story: http://www.theroot.com/views/nih-bias-no-surprise-black-scientists

Monday, August 29, 2011

Record Retrospective: Obama on affirmative action

Harvard Law Record
Published: Thursday, October 30, 2008
Updated: Tuesday, September 29, 2009 14:09

In five days, Senator Barack Obama '91 could become the the first African-American and the second Harvard Law School graduate (after Rutherford B. Hayes, Class of 1845) to be elected President of the United States.
If Obama is elected next Tuesday, it will not be his first historic election. Obama was the first African-American to be elected President of the Harvard Law Review in 1990. Obama's tenure as Law Review President was not without controversy. Indeed, an unusually low number of women were selected to be Review editors from the class of 1992, leading to considerable debate about the Law Review's selection policies and the importance of its affirmative action program, which at the time, was limited to consideration of race and physical handicap.
Obama personally responded to the controversy by writing a lengthy letter explaining both the Review's selection policy and his personal experience with affirmative action. The letter was published in Volume 91, Number 7 (November 16, 1990) of the Harvard Law Record. It is reprinted below in its entirety.

See the Obama letter printed by clicking here: http://www.hlrecord.org/2.4475/record-retrospective-obama-on-affirmative-action-1.577511?pagereq=1

Questioning Criminal-Background Checks

Human Resource Executive Online
The EEOC is considering issuing a guidance that could limit an employer being able to ask about criminal backgrounds on employment applications. While a multitude of business groups spoke against such a limit, observers believe the agency is leaning toward restricting use of such investigations.
By David Shadovitz

Employers are bracing for strengthened guidelines from the U.S. Equal Employment Opportunity Commission that will govern the use of criminal-background checks during the hiring process.
While experts agree a fresh look might be warranted, some also believe it would be a mistake to implement sweeping changes that fail to take into account the hiring challenges facing employers today.
The EEOC held hearings in Washington last month on the role arrest and conviction records should and shouldn't play in the hiring process. The meeting was one in a series the EEOC has been holding on hiring-related topics.

Full Story: http://www.hreonline.com/HRE/story.jsp?storyId=533340865

Is There a Bias Against Hiring the Jobless?

Workforce Management
Experts contend that employers increasingly discriminate against jobless Americans in hiring decisions, and such practices could violate equal opportunity laws. By Ed Frauenheim
April 2011

Kelly Wiedemer’s job search frustrations peaked last fall. That’s when the 45-year-old Denver-area resident applied for a position that seemed just perfect for her: putting into place the same sort of accounting software she had installed at a previous job.

Wiedemer landed a phone interview the next day with a staffing firm screening for the post. But the fact that she had been out of work for more than two years gave the recruiter pause. “She said, ‘I’m willing to submit your résumé to the hiring manager, but I’ll be honest: Your long-term employment gap is going to be a really tough sell,’ ” Wiedemer recalls.

Full Story: http://www.workforce.com/archive/feature/hr-management/is-there-bias-against-hiring-jobless/index.php

EEOC, OPM Pledge to Ensure "Rigorous Enforcement" of Equal Pay Laws for Federal Employees

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
8-16-11

Agencies Issue Joint Letter on Equal Pay in the Federal Government

WASHINGTON -- The U.S Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM) pledged to ensure "rigorous enforcement" of equal pay laws for federal employees, releasing a joint letter today. The letter will be sent to all civilian federal employees.
EEOC Chair Jacqueline A. Berrien released the letter at the EEOC's EXamining Conflicts in Employment Law (EXCEL) conference in Baltimore, the EEOC's premiere training event for federal sector equal employment. Chair Berrien said: "We cannot achieve our national commitment to equal employment opportunity until women are included as equal partners in every workplace, including the federal government. The federal government should be a model employer in every regard—including equal pay."
"Equal pay for equal work is the law, it's right, and its time has come. OPM and the EEOC are working together to ensure that federal equal pay laws are vigorously enforced in the federal workplace," said OPM Director John Berry. "Ensuring equal pay for equal work without regard to gender, or any other prohibited basis helps us recruit and retain the most talented workforce to serve the American people. While this wage gap is smaller in the federal government than in other sectors, much work remains to be done to ensure that the federal government is a model employer."
Both agencies are members of the White House's National Equal Pay Enforcement Task Force—which charged them with "providing a road map for federal agencies to increase compliance with federal compensation discrimination laws." More information about the Task Force and its recommendations can be found on the White House's website. On the Task Force, the EEOC is also focusing on private sector enforcement.
According to a 2009 report from the Government Accountability Office (GAO), the gender wage gap for federal employees declined from 28 cents on the dollar in 1987 to 11 cents in 2007. Of that 11 cents gap, seven cents could not be explained by differences in education, years of service, or other non-discriminatory factors.
While still significantly less than the current 33 cent wage gap in the private sector, and far less than the overall gap of 41 cents in 1963, the year the Equal Pay Act took effect, "clearly much work remains to be done in order to close the wage gap," the letter noted. Representatives from both agencies are working with the GAO to identify further causes of the wage gap and ways to combat it.
The letter points out that sex-based compensation discrimination is illegal under both the Equal Pay Act and Title VII of the Civil Rights Act of 1964, both of which apply to federal sector as well as other public and private sector employers. In addition to gender, compensation discrimination is also prohibited on the basis of race, color, national origin, religion, disability and genetic information or family medical history.
"We take our obligation to ensure that the federal government is a model employer very seriously, and are working to ensure that all federal employees have the opportunity to realize the promise of equal pay for equal work," the letter concluded.
The EEOC enforces the nation's laws against employment discrimination. More information is available on the EEOC's website: www.eeoc.gov. Additional information on the federal sector EEO process can be found at www.eeoc.gov/federal/.

http://www.eeoc.gov/eeoc/newsroom/release/8-16-11.cfm

Fremont Toyota Sued For Harassment And Retaliation Against Afghani Employees

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
8-23-11

Afghani-Americans Targeted for Name-Calling and Threats, EEOC Alleges

SAN FRANCISCO — Local car dealership Fremont Toyota violated federal law when its management harassed Afghani-American employees due to their national origin, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC, Fremont Toyota’s general manger singled out four Afghani-American salesmen during a staff meeting, calling them “terrorists,” asserting that he is the dictator at the car dealership just as a dictator rules Afghanistan, and threatening them with violence. After the men reported the harassment, they faced retaliation by the car dealership. The company treated them so poorly that the salesmen felt they had no other option but to resign. An Afghani-American manager who spoke up in support of the four salesmen was also fired from his job for defending the harassed employees.
“My family fled Afghanistan because of the terrorism, dictatorship and lack of freedom there,” said Mohammad Sawary, one of the salesmen. “Now in America, this man [the general manger] lashes out at us out in front of all of our coworkers, calling us ‘terrorists’ and proclaiming himself ‘dictator’ here at Fremont Toyota.”
Harassment based on national origin and retaliation violates Title VII of the Civil Rights Act of 1964. After first attempting to reach a pre-litigation settlement through conciliation, the EEOC filed the lawsuit (EEOC v. Fremont Automobile Dealership LLC, dba Fremont Toyota, Civil No. 11-4131 JCS) in U.S. District Court for the Northern District of California, seeking monetary damages on behalf of the workers, training on anti-discrimination laws, posting of notices at the work site and other measures to prevent future discrimination.
“Despite the diversity of the Bay Area, people are still being targeted for harassment due to their origins and stereotypes associated with their background. This type of behavior is not only illegal but it also goes against the grain of who we are – a nation mostly of immigrants and their descendants,” said EEOC San Francisco Regional Attorney William R. Tamayo.
EEOC San Francisco District Director Michael Baldonado pointed out that more than a third of all cases seen by the Commission involve retaliation, and that, for the first time ever, retaliation under all statutes (36,258) surpassed race (35,890) as the most frequently filed charge at the EEOC in fiscal year 2010. He said, “Employers who try to solve a harassment problem by getting rid of the people who speak out about it will only add to that statistic. We hope this lawsuit will remind employers to respond properly to complaints about harassment or discrimination, with timely investigation and steps to end any misconduct.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-23-11a.cfm

Captain's Galley Settles EEOC Male-on-Male Sexual Harassment Suit

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
8-26-11

Restaurant to Pay $86,000 to Former Male Employees Who Were Subjected to Abuse by Male Co-Worker

CHARLOTTE, N.C. -- Huntersville Seafood, Inc., doing business as Captain’s Galley restaurant, will pay $86,000 and furnish other relief to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced late yesterday.
The settlement marks the resolution of the EEOC’s lawsuit (Equal Employment Opportunity Commission and Peter Economos v. Huntersville Seafood Inc., d/b/a Captain’s Galley; in the Western District of North Carolina, Civil Action 3:10-cv-00624), which charged that Peter Economos and other male employees were sexually harassed by a male coworker at Captain’s Galley, a seafood restaurant in Huntersville, N.C. Specifically, the EEOC said that Economos and other male employees were touched on the buttocks, nipples, and testicles and were subjected to almost daily sexual gestures and comments between 2007 and 2008. Despite complaints Economos and the other employees made to the restaurant’s owner, the harassment continued and after Economos complained about the harassment, he was ultimately discharged, the EEOC charged.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. When an employer terminates or disciplines an employee because the employee complains about workplace discrimination, the employer further violates Title VII’s anti-retaliation provision.
In addition to paying $86,000 in monetary damages to Economos and three other former male employees, the three-year consent decree settling the case provides, among other things, for sexual harassment training for managers and employees; requires Captain’s Galley to adopt a policy preventing sexual harassment; and requires that the restaurant report information about its employment practices and any sexual harassment complaints periodically to the EEOC.
“This settlement is a great result for Mr. Economos and the other victims of the harassment,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “This case serves as a reminder to employers that sexual harassment can occur between employees of the same sex and must be addressed if it occurs,” Barnes continued.
The EEOC is responsible for enforcing federal laws prohibiting discrimination in employment. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-26-11.cfm

The Strength of African-American Women and American Racism

Diverse Issues in Higher Education
August 25, 2011, 9:30 pm
By Marybeth Gasman

A couple days ago I went to see the film The Help with a good friend. My friend is African-American and is originally from the South. Prior to seeing the movie, I read a lot of commentary written by historians, critics, and friends of all racial backgrounds on the film. Some people loved the film, regardless of their race, while others were disgusted by its portrayal of a white heroine telling the story of black women, and still others refused to see the film.
As someone who studies the history of race in the United States, I thought it would be interesting to see how Hollywood portrayed racism in Mississippi in the 1960s. I asked an African-American friend, who had mentioned wanting to see the movie, to go with me so that we could talk about it afterward.

Full Story: http://chronicle.com/blogs/innovations/the-strength-of-african-american-women-and-american-racism/30130?sid=at&utm_source=at&utm_medium=en

Hispanic Enrollment Jumps 24%, Making Those Students the Largest Campus Minority

The Chronicle of Higher Education
August 25, 2011
By Molly Redden

A 24-percent spike in Hispanic college enrollment has brought the number of Hispanic young people attending college to an all-time high and made them the largest minority group of 18- to 24-year-olds on campuses in the country, according to a report released on Thursday by the Pew Hispanic Center.
The report, drawing on new Census data, says the number of young Hispanics enrolling in college grew by 349,000 from 2009 to 2010. As a result, in 2010 they outnumbered young blacks on college campuses for the first time.

Full Story: http://chronicle.com/article/Hispanic-Enrollment-Jumps-24-/128797/?sid=at&utm_source=at&utm_medium=en

A Fire Department Under Pressure to Diversify

The New York Times
By
Published: August 26, 2011

IT was heaving rain two weeks ago when Salvatore J. Cassano, New York City’s fire commissioner, showed up on a Sunday to pitch his department to the congregants at Concord Baptist Church of Christ on Marcy Avenue in Brooklyn. No doubt because of the weather — people had stayed home at “Bedside Baptist,” the pastor joked — Mr. Cassano, gamely dressed in pinstripes, was confronted by empty pews. A trumpeter had just played hymns to some restless boys, a few old men and clumps of hatted matrons. From a microphone, the commissioner delivered to the half-filled room what had become the most important, and thorniest, public message of his career.

Full Story: http://www.nytimes.com/2011/08/28/nyregion/a-fire-department-under-pressure-to-diversify.html?nl=nyregion&emc=ura3

State Supreme Court to decide racial data case

SFGate

San Francisco Chronicle
August 27, 2011 04:00

The California Supreme Court has agreed to decide whether the State Bar must release racial data from the bar exam to a law professor who believes affirmative action may hurt minorities.
An appellate court had ruled in June that the professor, and the public, have a right of access to records of the lawyers' organization that don't reveal private information. But the state's high court voted unanimously Thursday to grant review of the State Bar's appeal. No hearing date has been scheduled.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/26/BAK41KS5U0.DTL#ixzz1WPbHYukd

Wednesday, August 24, 2011

State Civil Rights Commission At Odds With A.G. Over Affirmative Action Ban

Interlachen Public Radio
August 24, 2011

The Michigan Civil Rights Commission is at odds with the state Attorney General over a question of affirmative action.
Attorney General Bill Schuette is trying to get the courts to side with Michigan voters, who chose in 2002 to ban the use of race or gender in admissions decisions.
The Civil Rights Commission has now filed an opposing brief.

Full Story: http://ipr.interlochen.org/ipr-news-features/episode/15374

Tuesday, August 23, 2011

The Gender Gap in Lifetime Earnings for Higher Education Graduates

Women in Academia Report
Posted on Aug 21, 2011

The Georgetown University Center on Education and the Workforce has issued a new report entitled The College Payoff: Education, Occupations, Lifetime Earnings.
They study finds that women with a bachelor’s degree have average lifetime earnings of $1,939,000. Men with a college degree have average lifetime earnings of $2,593,000. Thus, women college graduates earn on average less than 75 percent of what male college graduates earn over their lifetimes.

Full Story: http://www.wiareport.com/2011/08/the-gender-gap-in-lifetime-earnings-for-higher-education-graduates/?utm_source=Women+In+Academia+Report&utm_campaign=f904d6a147-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email

Parity in STEM Faculty

Inside Higher Ed
August 23, 2011

LAS VEGAS -- Numerous studies document the frustrations -- personal and professional -- of women who pursue science careers in higher education. Many of these women complain about unfair treatment, as well as frustrations that come with being in the minority (sometimes the extreme minority) in their departments.
The National Science Foundation is supporting a research project to focus more attention on STEM faculty at community colleges, where men and women are about 50-50 in faculty positions over all, and where women make up 47.7 percent of STEM faculty (compared to about one third at four-year institutions). Researchers who are part of a team at Ohio University studying the issue gave an overview of initial findings here at the annual meeting of the American Sociological Association.

Full Story: http://www.insidehighered.com/news/2011/08/23/study_finds_high_satisfaction_by_women_in_science_at_community_colleges

The Culture of Some Colleges May Foster Gender Segregation by Major, Study Finds

The Chronicle of Higher Education
August 22, 2011

By Peter Schmidt
Las Vegas
Certain colleges may have cultures that nudge female students into stereotypically female fields and men into stereotypically male ones, suggests a study whose findings are slated to be presented here on Tuesday at the annual conference of the American Sociological Association.
Colleges that have relatively few women among their tenured faculty members and exceptionally small numbers of men among their undergraduates generally have higher levels of gender segregation by major than do other institutions, the study found. So do colleges with football teams in Division III of the National Collegiate Athletic Association, suggesting that those with athletic programs that emphasize male-dominated sports are less likely to encourage the gender integration of various academic fields, according to a paper summarizing the study's results.

Full Story: http://chronicle.com/article/The-Culture-of-Some-Colleges/128781/?sid=at&utm_source=at&utm_medium=en

Chipping Away at the Glass Ceiling in Athletic Administration

Diverse Issues in Higher Education
by Pearl Stewart, August 23, 2011


When Dr. Vivian Fuller testified in 1992 at a congressional subcommittee hearing on gender inequities in intercollegiate athletics, she specifically addressed the lack of women in athletic administration.

“Women should not be limited to traditional positions in such as assistant or associate director of athletics. ... In particular, when director of athletics positions become vacant, institutions should consider hiring a woman for the job,” she said in her prepared statement.

Full Story: http://diverseeducation.com/article/16251/

Monday, August 22, 2011

Executive Order--Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

The White House
Office of the Press Secretary
For Immediate Release
August 18, 2011

Executive Order--Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

EXECUTIVE ORDER
ESTABLISHING A COORDINATED GOVERNMENT-WIDE INITIATIVE TO PROMOTE DIVERSITY AND INCLUSION IN THE FEDERAL WORKFORCE
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the Federal workplace as a model of equal opportunity, diversity, and inclusion, it is hereby ordered as follows:
Section 1. Policy. Our Nation derives strength from the diversity of its population and from its commitment to equal opportunity for all. We are at our best when we draw on the talents of all parts of our society, and our greatest accomplishments are achieved when diverse perspectives are brought to bear to overcome our greatest challenges.
A commitment to equal opportunity, diversity, and inclusion is critical for the Federal Government as an employer. By law, the Federal Government's recruitment policies should "endeavor to achieve a work force from all segments of society." (5 U.S.C. 2301(b)(1)). As the Nation's largest employer, the Federal Government has a special obligation to lead by example. Attaining a diverse, qualified workforce is one of the cornerstones of the merit-based civil service.
Prior Executive Orders, including but not limited to those listed below, have taken a number of steps to address the leadership role and obligations of the Federal Government as an employer. For example, Executive Order 13171 of October 12, 2000 (Hispanic Employment in the Federal Government), directed executive departments and agencies to implement programs for recruitment and career development of Hispanic employees and established a mechanism for identifying best practices in doing so. Executive Order 13518 of November 9, 2009 (Employment of Veterans in the Federal Government), required the establishment of a Veterans Employment Initiative. Executive Order 13548 of July 26, 2010 (Increasing Federal Employment of Individuals with Disabilities), and its related predecessors, Executive Order 13163 of July 26, 2000 (Increasing the Opportunity for Individuals With Disabilities to be Employed in the Federal Government), and Executive Order 13078 of March 13, 1998 (Increasing Employment of Adults With Disabilities), sought to tap the skills of the millions of Americans living with disabilities.
To realize more fully the goal of using the talents of all segments of society, the Federal Government must continue to challenge itself to enhance its ability to recruit, hire, promote, and retain a more diverse workforce. Further, the Federal Government must create a culture that encourages collaboration, flexibility, and fairness to enable individuals to participate to their full potential.
Wherever possible, the Federal Government must also seek to consolidate compliance efforts established through related or overlapping statutory mandates, directions from Executive Orders, and regulatory requirements. By this order, I am directing executive departments and agencies (agencies) to develop and implement a more comprehensive, integrated, and strategic focus on diversity and inclusion as a key component of their human resources strategies. This approach should include a continuing effort to identify and adopt best practices, implemented in an integrated manner, to promote diversity and remove barriers to equal employment opportunity, consistent with merit system principles and applicable law.
Sec. 2. Government-Wide Diversity and Inclusion Initiative and Strategic Plan. The Director of the Office of Personnel Management (OPM) and the Deputy Director for Management of the Office of Management and Budget (OMB), in coordination with the President's Management Council (PMC) and the Chair of the Equal Employment Opportunity Commission (EEOC), shall:
(a) establish a coordinated Government-wide initiative to promote diversity and inclusion in the Federal workforce;
(b) within 90 days of the date of this order:
(i) develop and issue a Government-wide Diversity and Inclusion Strategic Plan (Government-wide Plan), to be updated as appropriate and at a minimum every 4 years, focusing on workforce diversity, workplace inclusion, and agency accountability and leadership. The Government-wide Plan shall highlight comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in the Federal Government's recruitment, hiring, promotion, retention, professional development, and training policies and practices;
(ii) review applicable directives to agencies related to the development or submission of agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention, professional development, and training policies and practices, and develop a strategy for consolidating such agency plans and reports where appropriate and permitted by law; and
(iii) provide guidance to agencies concerning formulation of agency-specific Diversity and Inclusion Strategic Plans prepared pursuant to section 3(b) of this order;
(c) identify appropriate practices to improve the effectiveness of each agency's efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles and applicable law; and
(d) establish a system for reporting regularly on agencies' progress in implementing their agency-specific Diversity and Inclusion Strategic Plans and in meeting the objectives of this order.
Sec. 3. Responsibilities of Executive Departments and Agencies. All agencies shall implement the Government-wide Plan prepared pursuant to section 2 of this order, and such other related guidance as issued from time to time by the Director of OPM and Deputy Director for Management of OMB. In addition, the head of each executive department and agency referred to under subsections (1) and (2) of section 901(b) of title 31, United States Code, shall:
(a) designate the agency's Chief Human Capital Officer to be responsible for enhancing employment and promotion opportunities within the agency, in collaboration with the agency's Director of Equal Employment Opportunity and Director of Diversity and Inclusion, if any, and consistent with law and merit system principles, including development and implementation of the agency-specific Diversity and Inclusion Strategic Plan;
(b) within 120 days of the issuance of the Government-wide Plan or its update under section 2(b)(i) of this order, develop and submit for review to the Director of OPM and the Deputy Director for Management of OMB an agency-specific Diversity and Inclusion Strategic Plan for recruiting, hiring, training, developing, advancing, promoting, and retaining a diverse workforce consistent with applicable law, the Government-wide Plan, merit system principles, the agency's overall strategic plan, its human capital plan prepared pursuant to Part 250 of title 5 of the Code of Federal Regulations, and other applicable workforce planning strategies and initiatives;
(c) implement the agency-specific Diversity and Inclusion Strategic Plan after incorporating it into the agency's human capital plan; and
(d) provide information as specified in the reporting requirements developed under section 2(d).
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted to a department or agency or the head thereof, including the authority granted to EEOC by other Executive Orders (including Executive Order 12067) or any agency's authority to establish an independent Diversity and Inclusion Office; or
(ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,August 18, 2011.

http://www.whitehouse.gov/the-press-office/2011/08/18/executive-order-establishing-coordinated-government-wide-initiative-prom

Black Women Lost More Jobs During Recovery

Workforce Management
August 16, 2011


While the recession Italichit black men harder than any other group, the economic recovery has shifted that impact to their female counterparts, according to a recent report by the National Women’s Law Center, which shows that black women have lately seen their unemployment rate rise even as other populations—including black men—have finally begun to regain jobs.
Between June 2009 and June 2011, black men gained 127,000 jobs while black women lost more than twice that number, 258,000, the report says. That means that black women have now lost more total jobs than have black men since the recession began in December 2007.

Full Story: http://www.workforce.com/section/news/article/black-women-lost-more-jobs-during-recovery.php

Judge Dismisses Pregnancy Bias Suit Against Bloomberg, Criticizes EEOC

Workforce Management
August 18, 2011

In a strongly worded opinion, a federal judge dismissed a 2007 lawsuit in which the Equal Employment Opportunity Commission accused Bloomberg Inc. of engaging in a pattern or practice of bias against pregnant women.
“ ‘J’accuse!’ is not enough in court,” U.S. District Court Judge Loretta A. Preska said in the ruling granting summary judgment. “Evidence is required. The evidence presented in this case is insufficient to demonstrate that discrimination was Bloomberg’s standard operating procedure, even if there were several isolated instances of individual discrimination.

Full Story: http://www.workforce.com/section/news/article/judge-dismisses-pregnancy-bias-suit-against-bloomberg.php

AAAA Participates in Listening Session with OFCCP on Higher Ed Issues

AAAA will participate in a listening session conference call with OFCCP Director Patricia A. Shiu. The session will take place on Thursday, September 8, from 3-4:30pm (Eastern). The purpose of the call is to provide the academic community an opportunity to speak directly with Director Shiu about compliance issues that concern you. If you would like to participate in the call, please provide Marilyn Schuyler with your name, title, affiliation/employer, and email address by Friday, September 2, and she will provide you with the call in information.

The session is being organized by Marilyn Schuyler, DC State Coordinator for AAAA and co-chair of the Washington Metro ILG. You may email Marilyn at: schuyler@schuyleraap.com

Please distribute this message as widely as possible to your colleagues in the academic community.

Secretary of Labor Hilda L. Solis announces $1.6 million in funding for the 'Add Us In' initiative

U.S. Department of Labor
Office of Disability Employment Policy
ODEP News Release: [08/04/2011]Contact Name: Gloria Della or Bennett GamblePhone Number: (202) 693-8666 or x4667Release Number: 11-1141-NAT

WASHINGTON — Today at the National Disability Forum in Washington, Secretary of Labor Hilda L. Solis announced the availability of approximately $1.6 million in funding for the Add Us In initiative, which will fund up to three cooperative agreements with allotments ranging from $500,000 to $550,000 each.
The initiative is designed to increase the ability of companies to employ individuals with disabilities, particularly businesses owned and operated by African-Americans; Asian-Americans and Pacific Islanders; Latinos; members of federally recognized tribes and Native Americans; lesbian, gay, bisexual and transgender individuals; and women.
"The Labor Department is committed to ensuring that every American who wants a job can find one, including people with disabilities. The Add Us In initiative will help businesses develop strategies to provide a broader range of employment opportunities for this underutilized group of workers," said Secretary Solis.
Eligible applicants are consortia having representation from each of the following four organization types: 1) An association of targeted businesses, a business association located in a target population community, or other similar entity; 2) a disability-serving organization; 3) a local workforce investment board or other organization with demonstrated experience in providing training and employment-related support services, such as a One-Stop Career Center; 4) and a youth-serving organization.
In addition to developing models, strategies and policies to improve employment opportunities for people with disabilities, a consortium must also form and strengthen connections among the four organization types by building a network of disability and diversity experts.
The full announcement for this grant opportunity can be found at http://www.dol.gov/odep/Addusin. Applications will be accepted until Sept. 2.

http://www.dol.gov/opa/media/press/odep/odep20111141.htm

New Tool Could Help Identify Pay Discrimination, OFCCP Says

HR.BLR.Com
August 12, 2011

The DOL's Office of Federal Contract Compliance Programs (OFCCP) announced possible plans to develop a compensation data tool that would affect federal contractors and subcontractors. The tool would collect information on salaries, wages, and other benefits paid to employees of federal contractors and subcontractors.

Full Story: http://hr.blr.com/HR-news/Discrimination/Government-Contractors/New-Tool-Could-Help-Identify-Pay-Discrimination-OF/

Starbucks Settles Dwarfism Discrimination Lawsuit For $75K

gothamist.com


Starbucks is settling a discrimination lawsuit for $75,000 with a Texas woman who was fired because of her short stature due to dwarfism. Elsa Sallard claimed in an EEOC filing that she offered to use a stool or stepladder to work at the counter, but was "ignored." Reuters reports that later that same day, the manager fired her because "she would pose a 'danger' to customers and employees."

http://gothamist.com/2011/08/21/starbucks_settles_dwarfism_discrimi.php

EEOC: 3M settles age discrimination complaint

Chron.com
Published 10:45 a.m., Monday, August 22, 2011


MINNEAPOLIS (AP) — The U.S. Equal Employment Opportunity Commission says technology giant 3M has agreed to pay $3 million to several hundred former employees who accused the company of age discrimination.
The EEOC sued 3M in U.S. District Court in Minneapolis on behalf of a class of former employees who said the company laid off hundreds of workers over the age of 45 from July 1, 2003 to Dec. 31, 2006. The lawsuit alleged 3M terminated many highly paid older employees and directed leadership training to younger workers.

Full Story: http://www.chron.com/news/article/EEOC-3M-settles-age-discrimination-complaint-2135637.php

$6 Million Settlement for NUMMI Workers

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
8-19-11

Relief for Disabled Auto Workers Denied Severance Benefits
OAKLAND, Calif. - New United Motors & Manufacturing, Inc. (NUMMI), California’s last auto plant, has agreed to contribute to a $6 million settlement fund as part of a class settlement resolving complaints that the company violated federal law when it denied severance benefits to employees on medical leave, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.
With the historic closure of California’s last auto plant, the EEOC received charges from multiple employees laid off in April 2010, alleging that workers on medical leave were denied severance benefits and transitional services that other employees received. When the Fremont facility closed, employees received a severance package based on whether they worked during the last six months of NUMMI’s operation as well as their years of service. Workers informed the EEOC that they were physically capable of returning to work during the severance period but were denied reinstatement. As a result, most disabled workers were ineligible for the portion of severance pay that factored in their years of service. Many of the affected workers had worked for NUMMI for 25 to 30 years, and suffered losses of up to $38,000 each.
The Americans With Disabilities Act (ADA) protects individuals with disabilities from employment discrimination. In June 2010, the EEOC’s Oakland Local Office issued ‘right to sue’ letters to several NUMMI workers, while retaining the right to continue its investigation led by Senior Investigator Margarita Hossaini-zadeh. Senior Trial Attorney Marcia Mitchell advised on this case.
While the EEOC charges were pending, a group of former employees filed a federal lawsuit (Cookson et al v. NUMMI, C10-02931 CRB (N.D. Cal.) on July 14, 2010. They were represented by private attorneys and two advocacy groups, the Impact Fund and The Legal Aid Society – Employment Law Center.
Prior to the EEOC’s filing its own lawsuit, the EEOC, NUMMI and the workers all agreed to resolve the matter. The conciliation agreement between EEOC and NUMMI, attached to the settlement agreement for the private lawsuit, was submitted to Judge Charles Breyer today for preliminary approval.
NUMMI employees who meet the following criteria may be eligible to participate in a claims process over the coming months:
disabled under state and federal laws
on leave from work due to their own disability at any time between October 1, 2009 and April 1, 2010, and
denied all or any part of the NUMMI severance pay.
Contact settlement administrator Gilardi & Co., LLC at (415) 461-0410 for more information about the claims process.
“The NUMMI plant closure had an enormous impact regionally,” EEOC Oakland Local Director Kristine Jensen said. “The workers who came in to our office were devastated by the loss of severance benefits despite decades of loyal service. It was an extra blow on top of being forced back into a tough job market with their specialized skills as autoworkers and their disabilities. The EEOC commends NUMMI for working with the EEOC and the workers’ attorneys to resolve these allegations.”
New United Motor Manufacturing, Inc. was an automobile manufacturing plant in Fremont, Calif., and the only automotive plant on the West Coast; its shutdown in April 2010 directly impacted an estimated 4,700 workers.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-19-11.cfm

President Signs Order To Promote Diversity And Inclusion In The Federal Workforce

U.S. Equal Employment Opportunity Commission
PRESS RELEASE8-18-11

EEOC Chair Berrien to Help Establish Government-Wide Initiative
WASHINGTON – President Obama today signed an executive order to promote equal employment opportunity, diversity and inclusion in the federal workforce, making federal workplaces models that tap talents from all segments of society.
The order directs U.S. Office of Personnel Management (OPM) Director John Berry and Deputy Director for Management of the Office of Management and Budget (OMB) Jeff Zients, in coordination with Equal Employment Opportunity Commission (EEOC) Chair Jacqueline A. Berrien and the President’s Management Council (PMC), to establish a government-wide initiative to promote diversity and inclusion in the federal workforce; develop a government-wide strategic plan and guidance for agency-specific plans within 90 days; identify best practices to improve agency efforts; and establish a system for reporting on agency progress.
The plans should identify strategies to remove barriers to equal opportunity in federal government recruitment, hiring, promotion, retention, professional development and training. Within 120 days after the government-wide plan is released, each agency must to issue its own agency-specific Diversity and Inclusion Strategic Plan.
“President Obama's Executive Order reinforces the leadership that federal agencies can play in ensuring that every qualified worker has an equal opportunity to succeed and advance in the workplace,” Chair Berrien said. “The Executive Order will help the nation fulfill the promise of equal employment opportunity, in every workplace, beginning with the federal government.”
The full text of the President’s executive order, “Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce,” is available on-line at http://www.whitehouse.gov/the-press-office/2011/08/18/executive-order-establishing-coordinated-government-wide-initiative-prom.
The EEOC enforces the nation's laws against employment discrimination. More information is available on the EEOC's website: www.eeoc.gov. Additional information on the federal sector EEO process can be found at www.eeoc.gov/federal/.

http://www.eeoc.gov/eeoc/newsroom/release/8-18-11a.cfm

Thursday, August 18, 2011

NYU pays major settlement in racial discrimination suit

CNN.com
By Julie Cannold, CNN
cnnAuthor
August 17, 2011 1:14 p.m. EDT

New York (CNN) -- New York University will pay $210,000 to settle a harassment lawsuit after an employee was subjected to racial slurs and insults, according to a statement from the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC, the supervisor of the mailroom at NYU's Bobst Library repeatedly referred to an African employee as a "monkey" and "gorilla," lodged insults such as "do you want a banana?" and "go back to your cage," and referred to the employees accented English as "gibberish."

Full Story: http://www.cnn.com/2011/US/08/17/new.york.nyu.suit/

New Data on the Racial Gap in College Graduation Rates

Journal of Blacks in Higher Education
August 18, 2011

The U.S. Department of Education recently released data on the success rate of the cohort of students who entered higher education in the fall of 2003. For all students who enrolled in any type of postsecondary educational institution in 2003, 36.4 percent of whites earned a bachelor’s degree by 2009. This was more than double the rate for blacks.

Full Story: http://www.jbhe.com/latest/index081811.html?utm_source=The+Journal+of+Blacks+in+Higher+Education&utm_campaign=e797316f55-JBHE_Weekly_Bulletin_for_4_7_114_7_2011&utm_medium=email#princetonreview

The Princeton Review’s Survey of Race Relations on Campus

Journal of Blacks in Higher Education
August 18, 2011

The Princeton Review has released its annual rankings of the 376 best colleges in America. Included in the book are surveys conducted of students at the selected colleges and universities.
Each year, the Princeton Review ranks the schools on race relations on campus.

Full Story: http://www.jbhe.com/latest/index081811.html?utm_source=The+Journal+of+Blacks+in+Higher+Education&utm_campaign=e797316f55-JBHE_Weekly_Bulletin_for_4_7_114_7_2011&utm_medium=email#princetonreview

Wednesday, August 17, 2011

Tuesday, August 16, 2011

OFCCP Restores and Updates Functional Affirmative Action Program

U.S. Department of Labor
Office of Federal Contract Compliance Programs

OFCCP has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program (FAAP) agreements. The new guidance rescinds the Administrative Notice/Functional AAP, issued March 21, 2002, and ends a year-long suspension in the acceptance of requests to develop or renew FAAP agreements while the program was under review.
“The FAAP is back and better than before,” said OFCCP Director Patricia Shiu. “Over the past year, I have listened to comments from the contractor community and employee groups and determined that the FAAP is a useful tool for ensuring that federal contractors and subcontractors meet their obligations to provide equal employment opportunity for everyone.”
OFCCP’s new directive includes significant changes to the FAAP application and approval process. Consequently, all contractors who currently have an approved FAAP agreement will be required to renew their agreement in accordance with the new guidance. In addition to the directive, a set of answers to frequently asked questions about the FAAP is available on the OFCCP website at http://www.dol.gov/ofccp/regs/compliance/faqs/faapfaqs.htm
Read the Labor Department's press release about this program.

http://www.dol.gov/ofccp/OFCCPNews/LatestNews.htm#news3

Federal Court Rules In EEOC’s Favor, Holding That Fired Employees Are Not Required To Return To School

U.S. Equal Employment Opportunity Commission
PRESS RELEASE8-12-11


Court Denies Company’s Attempt to Limit Damages in Religious Discrimination Lawsuit; Prevents Defense Expert from Testifying
ROCHESTER, N.Y. -- Finding that employees have no obligation to go to school after they are fired, a federal court in Rochester has denied Dresser-Rand Company’s attempt to limit damages in a long-standing lawsuit between the U.S. Equal Employment Opportunity Commission (EEOC) and the company.
In 2004 the EEOC sued Dresser-Rand, a Houston-based heavy manufacturing company (Civil Action No. 04-6300-CJS in U.S. District Court for the XXX District of New York), for firing Harry Davis, a Jehovah’s Witness and a manual machine tool operator at Dresser-Rand’s Painted Post, N.Y., location, for refusing to work on a part intended for use in a submarine. In 2006 the court denied Dresser-Rand’s attempt to dismiss the EEOC’s lawsuit in its entirety, holding that the jury should decide if an accommodation that had worked in the past – allowing Davis to switch assignments with other employees – could continue.
In 2010 Dresser-Rand attempted to limit Davis’s back pay damages, arguing that he could have gone to Corning Community College for retraining as a computer machinist. On Aug. 11, 2011, the court denied the motion, holding that employees who are fired for discriminatory reasons must seek other employment, and are not required to go to school for retraining. The court said that because Davis had sought and found other employment, the fact that he did not go to school was irrelevant. The court prevented a defense expert from testifying about the fact that Davis did not go to school. A trial date has not been set.
“This decision makes the important point that an employee fired for a discriminatory reason is not required to seek retraining or additional education,” said EEOC New York Regional Attorney Elizabeth Grossman. “An employer cannot turn around and argue that its former employee somehow harmed the employer by not seeking retraining after being fired.”
“Davis did what the law requires: sought and found work with the skills he had when he was fired by Dresser-Rand,” added EEOC Senior Trial Attorney Michael J. O’Brien.
The EEOC is responsible for enforcing federal laws prohibiting discrimination. Further information about the EEOC is available at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-12-11b.cfm

Solving the Diversity Puzzle

Workforce Management
August 2011
Lecturing employees about diversity is one thing, but some companies are taking training a step further. Strategies include engaging employees in teamwork exercises and having workers simulate disabilities. By Todd Henneman

Lecturing employees about diversity is one thing, but some companies are taking training a step further. Strategies include engaging employees in teamwork exercises and having workers simulate disabilities.
In July, Jennifer Vena decided to talk with colleagues about Tourette’s syndrome after watching video clips of American Idol contestant James Durbin and public speaker Marc Elliot, both of whom have the neurological disorder known for causing motor and vocal tics.

Full Story: http://www.workforce.com/section/hr-management/feature/solving-diversity-puzzle/index.html



Ruling: Discrimination Law Applies Individually Within Protected Classes

Workforce Management
Title VII of the Civil Rights Act of 1964 ‘would have little force if an employer could defeat a claim of discrimination by treating a single member of the protected class in accordance with the law,’ said the unanimous ruling.

August 15, 2011
Ruling: Discrimination Law Applies Individually Within Protected Classes
Discrimination against one member of a minority group violates federal discrimination law no matter how well another member of the same minority may have been treated, says a federal appellate court decision, in overturning a lower court ruling.
Title VII of the Civil Rights Act of 1964 “would have little force if an employer could defeat a claim of discrimination by treating a single member of the protected class in accordance with the law,” said the unanimous ruling of a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago.

Full Story: http://www.workforce.com/section/news/article/ruling-discrimination-law-applies-individually-within.php

Film on Affirmative Action Banned in Three Indian States

The New York Times
August 12, 2011, 2:46 pm

By SRUTHI GOTTIPATI
NEW DELHI –- A Bollywood film about affirmative action in education has been banned in three Indian states from opening on schedule. Politicians are riled up about the film. Protestors have been arrested, while security was beefed up at the residence of the cast and crew.
And that was all before film, called “Aarakshan,” was even released.

Full Story: http://mediadecoder.blogs.nytimes.com/2011/08/12/film-on-affirmative-action-banned-in-three-indian-states/

For more information about the film, click here: http://aarakshanthefilm.com/

Following the lead of the U.S. House of Representatives, the U.S. Senate proposes to prohibit discrimination based on unemployment status

Lexology.com
Proskauer Rose llp
Lawrence R Sandak, Marvin M Goldstein, John P Barry, Steven Yarusinsky and Daniel L. Saperstein
USA
August 9 2011

On August 2, 2011, the U.S. Senate proposed S. 1471 to complement the recently proposed bill in the U.S. House of Representatives, H.R. 2501 (collectively, “the proposed Acts”). Otherwise known as the Fair Employment Opportunity Act of 2011, the proposed Acts are nearly identical in providing expansive rights and broad protections to the unemployed, including whistleblower/retaliation provisions and generous remedies. To understand the full scope of these expansive rights and protections, this alert discusses who is subject to and affected by the proposed Acts, as well as the unlawful practices, enforcement mechanisms and remedial schemes detailed therein.
Coverage
The coverage of the proposed Acts is quite expansive, as covered employers are defined as anyone engaging in commerce (or any industry or activity affecting commerce) with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Full Story: http://www.lexology.com/library/detail.aspx?g=8db5415c-e012-41fe-8330-a69f7199222e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-08-15&utm_term=

Commentary: The Catch-22 of Racial Disparities

Diverse Issues in Higher Education
by Sam Fulwood, Center for American Progress , August 16, 2011

In a study that affirms conventional wisdom and common sense, a team of Georgetown University researchers reported recently that an advanced college degree is the necessary ticket to employment and economic security. But in a breakthrough of sorts, the co-authors of the report spoke on National Public Radio and then with me about the unspoken evidence in the report that underscores continuing racism in our society.
Economists at the Georgetown University Center on Education and the Workforce write in “The College Payoff: Education, Occupations, Lifetime Earnings” that college graduates will earn substantially more over their lifetimes than those who don’t have a sheepskin. Who doesn’t know this?

Full Story: http://diverseeducation.com/article/16221/

Monday, August 15, 2011

Affirmative Action Bears Fruit: A Personal Journey

My Latino Voice
Written by RosaMaria Pegueros

I remember with pain, my first day of college. Registration day atthe University of San Francisco in 1968 was awful: We stood in endless lines; everything had to be done by hand because they were just in the process of beginning to put their records into the new computer system, which filled an entire room, at least; and we had to compete with other students for classes.After seven miserable hours, I took the bus home exhausted by myattempt to navigate the system.

Full Story: http://mylatinovoice.com/politics-and-us/23-education/2964-affirmative-action-bears-fruit-a-personal-journey.html

Saturday, August 13, 2011

Change for Chief Diversity Officers

Inside Higher Ed
August 12, 2011

A new survey suggests that the position of chief diversity officer may soon see significant changes. The survey, by the search firm Witt/Kieffer, found that half of chief diversity officers at colleges plan to leave their positions within three years.

Such turnover could lead to significant changes in the position at some institutions. More than 43 percent of respondents said that they were the first such employees to hold the title at their respective institutions. The survey was based on answers from 94 chief diversity officers at a representative sample of four-year institutions.

Full Story: http://www.insidehighered.com/news/2011/08/12/survey_provides_data_on_chief_diversity_officers

For a copy of the report, click here:
http://www.wittkieffer.com/file/thought-leadership/practice/CDO%20survey%20results%20August%202011.pdf

Thursday, August 11, 2011

Race-based affirmative action in peril

US NEWS

Published: Aug. 7, 2011 at 3:30 AM
By MICHAEL KIRKLAND



WASHINGTON, Aug. 7 (UPI) -- Two cases are pushing affirmative action toward the U.S. Supreme Court again where simple arithmetic suggests it might snap like a board under too much pressure.

The high court ruled on race-based affirmative action in two landmark cases in 2003. Then, like now, the court was divided into a conservative bloc and a liberal bloc, with two members, Justices Sandra Day O'Connor and Anthony Kennedy often forming the swing votes



Read more: http://www.upi.com/Top_News/US/2011/08/07/Under-the-US-Supreme-Court-Race-based-affirmative-action-in-peril/UPI-25071312702200/#ixzz1UiTpLXID

Wednesday, August 10, 2011

Workplace Regulations Provide Relief to Pregnant Women and Breastfeeding Moms

Workforce Management
July 2011

The American with Disabilities Act Amendments took effect in January 2009, but the Equal Employment Opportunity Commission guidelines for the legislation were not issued until this past March. Coupled with health care reform rules, the implications for pregnant women and new moms in the workplace may be significant.
By Lisa Beyer

ew regulations under health care reform, combined with the American with Disabilities Act Amendments Act of 2008, or ADAAA, should have a positive impact upon pregnant women and new moms in the workplace—and their employers.

According to the U.S. Labor Department, 80 percent of the more than 26 million working women will become pregnant at some point in their careers. And, according to the website Happy Worker, 55 percent of women with a child under the age of 1 will choose to return to work after giving birth.

Full Story: http://www.workforce.com/section/benefits-compensation/feature/workplace-regulations-provide-relief-pregnant-women-and/index.html

EEOC Sues Audrain Medical Center for Sex Discrimination

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
8-9-11


Employer Refused to Transfer Male Nurse to Operating Room Because of His Gender, Federal Agency Charged

ST. LOUIS – The Equal Employment Opportunity Commission (EEOC) today filed suit in federal court against Audrain Medical Center in Mexico, Mo., alleging that the center violated federal law by refusing to transfer a male nurse into the operating room because it preferred to have a female nurse in the room when female patients were being treated.

According to EEOC attorney Melvin Kennedy, Audrain revealed during the EEOC investigation that with the overwhelming presence of male surgeons and anesthesia staff, the hospital felt it must have female nursing staff in the operating room.

“The hospital’s failure to attract and hire women into the higher paying surgeon and anesthesia positions does not justify its insistence that it have female nursing staff in the OR,” said Kennedy.

EEOC Regional Attorney Barbara Seely said, “We have lived through a time in our country’s history where jobs had implicit gender designations. Doctors and lawyers were male jobs while nurses and flight attendants were female jobs. That time is over.”

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based upon sex, race, color, religion or national origin. The EEOC filed suit in U.S. District Court for the Eastern District of Missouri (Case No. 4:11-cv-1369) after first attempting to reach a pre-litigation settlement through its conciliation process.

Audrain Medical Center employs approximately 500 people and serves primarily Mexico, Mo., and surrounding communities.

The EEOC enforces Title VII and other federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/8-9-11.cfm

Collegiate Development Services Settles EEOC Lawsuit for Age Bias and Retaliation

U.S. Equal Employment Opportunity Commission
News Release
8/4/11
Property Manager Fired Because of Her Age, Federal Agency Charged

DALLAS – An Irving, Texas developer of housing facilities has agreed to pay $50,000 and furnish other relief to settle an age discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC had charged that Collegiate Development Services’ director of market research expressed to the assistant property manager that property manager Velda (“Charlie”) Poole, 62 years of age, was too old to connect with the college-age residents. When Poole learned of the age-based comment and informed higher management, she was fired within weeks. The assistant manager, Sarah Jones, objected to the firing of Poole only to be terminated herself in retaliation, the EEOC said.

Discriminating against an individual because of his or her age violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit lawsuit (Civil Action No. 1-10-cv-232-J) in U.S. District Court for the Northern District of Texas, Amarillo Division after first attempting to reach a pre-litigation settlement through its conciliation process.

“Discriminatory assumptions about age in today’s workplaces only serve to limit an employer’s ultimate breadth of business potential,” said Robert Canino, regional attorney for the EEOC’s Dallas Office. “Punishing people for standing up to prejudice and thus depriving them of their earnings, despite demonstrated performance, takes unlawful conduct from bad to worse.”

A consent decree settling the suit was signed by U.S. District Court Judge Mary Lou Robinson on August 2, 2011. In it, the company is to pay $50,000 to the victims and to provide training to managers and supervisors on equal employment opportunity (EEO) policies and procedures, including on age discrimination and retaliation. The company is also required to establish and enforce a written policy and procedure that will ensure protections and fair treatment for employees.

EEOC Senior Trial Attorney William C. Backhaus said, “Employers must avoid the stereotyping of managers as well as non-management employees with preconceived notions about age. This employer wrongly assumed that Ms. Poole’s age interfered with her ability to connect with younger student residents. To the contrary, our information showed that the students greatly appreciated Ms. Poole.”

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-4-11.cfm

OFCCP Proposes Groundbreaking Data Tool to Curb Pay Discrimination

U.S. Department of Labor
For Immediate Release

Office of Public Affairs
August 2, 2011

Washington , D.C.
Release Number: 11-1208-NAT

Contact: Jason Surbey
-- or --
Laura K. McGinnis

Phone:(202) 693- 4668
202) 6934653



US Labor Department considers development

of data tool to combat pay discrimination

Public invited to comment during early stage of development



WASHINGTON — The U.S. Department of Labor’s Office of Federal Contract Compliance Programs is considering the development of a new data tool to collect information on salaries, wages and other benefits paid to employees of federal contractors and subcontractors. The tool would improve OFCCP’s ability to gather data that could be analyzed for indicators of discrimination, such as disparities faced by female and minority workers. To provide an opportunity for the public to submit feedback, the department published an advance notice of proposed rulemaking in the Aug. 10 edition of the Federal Register.



OFCCP enforces Executive Order 11246, which prohibits companies that do business with the federal government from discriminating in employment practices – including compensation – on the basis of sex, race, color, national origin or religion. Last year, the agency announced plans to create a compensation data tool in the department’s fall 2010 regulatory agenda. In addition to providing OFCCP investigators with insight into potential pay discrimination warranting further review, the proposed tool would provide a self-assessment element to help employers evaluate the effects of their compensation practices.



“Today, almost 50 years after the Equal Pay Act became law, the wage gap has narrowed, but not nearly enough,” said Secretary of Labor Hilda L. Solis. “The president and I are committed to ending pay discrimination once and for all.”



The Labor Department’s Bureau of Labor Statistics reports that in 2010 women were paid an average of 77 cents for every dollar paid to men. In addition to the gender gap, research has shown that race- and ethnicity-based pay gaps put workers of color, including men, at a disadvantage. Eliminating compensation-based discrimination is a top priority for OFCCP.



“Pay discrimination continues to plague women and people of color in the workforce,” said OFCCP Director Patricia A. Shiu, a member of the president’s National Equal Pay Enforcement Task Force. “This proposal is about gathering better data, which will allow us to focus our enforcement resources where they are most needed. We can’t truly solve this problem until we can see it, measure it and put dollar figures on it.”



The notice poses 15 questions for public response on the types of data that should be requested, the scope of information OFCCP should seek, how the data should be collected, how the data should be used, what the tool should look like, which contractors should be required to submit compensation data and how the tool might create potential burdens for small businesses. The proposal will be open to public response for 60 days, and the deadline for receiving comments is Oct. 11. To read the proposal or submit a comment, visit the federal e-rulemaking portal at http://www.regulations.gov.



In addition to Executive Order 11246, OFCCP’s legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP’s toll-free helpline at 800-397-6251. Additional information is also available at http://www.dol.gov/ofccp.

To view the ANPRM, go to: http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0005-0001

# # #

http://www.dol.gov/opa/media/press/ofccp/OFCCP20111208.htm

DOL Delays Filing of VETS-100 Form to October 1, 2011

This is a special announcement from the US Department of Labor's Office of Veterans Employment and Training Services

Special Announcement
2011 VETS 100 Filing Cycle
Please Read Below

The Department had planned to begin accepting electronic submissions of VETS 100/VETS-100A forms on August 1, 2011. However, there are currently technical problems preventing contractors from carrying out these submissions. The Department is aware of this issue and is working to correct it, and anticipates having the problem resolved within the next 60 days. Accordingly, the Department anticipates that the electronic filing system will go online October 1, 2011.

To address the delays in reporting caused by these technical problems, the Department will not initiate enforcement actions against contractors who submit the VETS-100/VETS-100A from October 1, 2011 through November 30, 2011. Unless a further update is given or other recognized exceptions apply, the Department may initiate enforcement actions against contractors who do not submit VETS-100/VETS-100A forms by November 30, 2011.


http://www.dol.gov/vets/programs/fcp/main.htm

Friday, August 5, 2011

Alcoa Mill Products to pay more than $540,000 to settle discrimination case with US Department of Labor

U.S. Department of Labor
Office of Federal Contract Compliance Programs
News Release
Agreement includes back pay and job opportunities for 39 minority and women applicants plus training for managers and human resources personnel

PHILADELPHIA — Alcoa Mill Products Inc. will pay $484,656.19 in back wages to 37 Hispanics and African-Americans as well as $35,516.88 to two women who all were rejected for job positions at the company's plant in Lancaster, Pa. The settlement resolves a finding by the U.S. Department of Labor that the company discriminated against Hispanic, African-American and female applicants for material handler positions. Alcoa Mill Products is part of Alcoa Inc., the world's leading producer of aluminum.
The department's Office of Federal Contract Compliance Programs conducted a scheduled compliance review of the Lancaster manufacturing facility from 2009 to 2010, and determined that the company had violated Executive Order 11246 by failing to meet its obligations as a federal contractor to ensure that qualified job applicants receive equal consideration for employment without regard to their sex, race, color, religion or national origin. Alcoa holds contracts with the U.S. Army in excess of $50 million.
"No worker should be denied a job because of factors that have absolutely nothing to do with his or her ability to accomplish the work," said OFCCP Director Patricia Shiu. "I am glad we reached a fair settlement with Alcoa Mill Products, one that not only provides financial remedies for the affected victims, but also creates opportunities for good jobs."
Under a conciliation agreement with OFCCP, Alcoa Mill Products has agreed to pay the back wages and extend job offers to nine of the identified class members as positions become available. Additionally, the company agreed to spend at least $20,000 on equal employment opportunity, anti-harassment and sensitivity training for its workforce, including all managers and human resources personnel involved in hiring. Finally, the company agreed to revise its selection process for material handlers.
In addition to Executive Order 11246, OFCCP's legal authority exists under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws hold those who do business with the federal government, both contractors and subcontractors, to the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is also available at http://www.dol.gov/ofccp/.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20111168.htm

EEO-1 and VETS-100/100A deadlines are coming again — are you ready?

Lexology.com
Husch Blackwell LLP
Deena B. Jenab and Mary Elizabeth "Molly" Kurt
USA
July 26 2011

The annual deadline to file your EEO-1 and VETS-100/100A forms is September 30, 2011. Filing can begin as early as this summer. To help you, we have summarized the basic rules, including who is covered and what must be done.
What are these forms?The EEO-1 form is an annual report that categorizes employees based on ethnicity, race and gender, as well as by job category. The EEO-1 form uses data from any pay period in July, August or September of the filing year.

Full Story: http://www.lexology.com/library/detail.aspx?g=67f5f172-dd3d-4a49-b6ef-02e09026b5d2&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-08-05&utm_term=

Half of Student Veterans Have Contemplated Suicide, Study Shows

The Chronicle of Higher Education
By Sara Lipka
August 4, 2011

Washington
Almost half of military veterans who are enrolled in college have contemplated suicide at some point, and 20 percent have planned to kill themselves, according to a study presented here on Thursday at the annual convention of the American Psychological Association.

Full Story: http://chronicle.com/article/Half-of-Student-Veterans-Have/128524/?sid=at&utm_source=at&utm_medium=en

Achieving Racial Diversity Without Using Race

The Chronicle of Higher Education
August 4, 2011, 4:55 pm
By Richard Kahlenberg

Earlier this week, The Washington Post highlighted the possibility that the issue of racial preferences in college admissions may make its way back to the U.S. Supreme Court. In a column titled “Back to School for Racial Preferences in Admissions,” Supreme Court reporter Robert Barnes noted that lower court decisions “have raised the prospect that the issue will return to the high court.”
The story was accompanied by photos of Justice Samuel A. Alito Jr., and retired Justice Sandra Day O’Connor, whom Alito replaced. O’Connor was the pivotal vote in the 5-4 2003 Grutter v. Bollinger case upholding the use of race at the University of Michigan Law School, while Alito is a strong opponent of racial remedies. The current swing justice on the Court, Anthony Kennedy, dissented in Grutter.

Full Story: http://chronicle.com/blogs/innovations/achieving-racial-diversity-without-using-race/29996?sid=at&utm_source=at&utm_medium=en