Columbia Spectator
By Jessica Geiger
Published October 26, 2011
As the Supreme Court reconsiders the issue of diversity, Columbia should look to preserve it.
To quote Columbia’s student affairs website, “diversity is one of the things that make Columbia vibrant, dynamic and exciting.” I think most Columbia students would agree with this statement, and I know I certainly do. The experiences I’ve had with people of different ethnicities, cultures, and socioeconomic backgrounds at Columbia have been some of the most valuable experiences I’ve had during college.
From hearing a Contemporary Civilizations classmate relate his experiences in the South Korean army to Plato’s “Republic,” to listening to my suitemate tell story after story about her experiences in one of Minnesota’s lower-income high schools, I can safely say my experiences inside and outside of the classroom have been enriched, varied, and altered thanks to the extensive diversity of Columbia’s student body.
Full Story: http://www.columbiaspectator.com/2011/10/26/affirm-affirmative-action
Monday, October 31, 2011
Theater Review: ‘Race’ no-holds barred Mamet
Stark Insider
October 24, 2011
Throw in a bit of sex and age discrimination, a dash of offensive language and Mamet gives the audience reprieve from affirmative action.
The legal system is about three things: hatred, fear, envy.
David Mamet’s Race seeks to expose the true nature of the politics of race in this hot and fast-paced legal comedy that is about anything but the truth, so help me god.
Full Story: http://www.starkinsider.com/2011/10/theater-review-race.html
October 24, 2011
Throw in a bit of sex and age discrimination, a dash of offensive language and Mamet gives the audience reprieve from affirmative action.
The legal system is about three things: hatred, fear, envy.
David Mamet’s Race seeks to expose the true nature of the politics of race in this hot and fast-paced legal comedy that is about anything but the truth, so help me god.
Full Story: http://www.starkinsider.com/2011/10/theater-review-race.html
2012: It's Either the Year of Retaliation or Professionalism and Courage
Workforce Management
October 24, 2011
The most effective ‘anti-retaliation' approach is to make ‘surfacing and listening openly to problems' an element of operational excellence and daily behavior, vital to the company's core values, best leadership practices and success.
A distinguished employment lawyer recently told me that he sees 2012 as the Year of Retaliation.
My friend may be right. Equal Employment Opportunity Commission charges are on the rise; surveys indicate that in-house counsel view reprisal actions as a major concern; the new Dodd-Frank legislation may spark "bounty" charges followed by lawsuits from employees who say they have been punished for pressing their claims.
Full Story: http://www.workforce.com/article/20111024/BLOGS01/111029983/2012-its-either-the-year-of-retaliation-or-professionalism-and
October 24, 2011
The most effective ‘anti-retaliation' approach is to make ‘surfacing and listening openly to problems' an element of operational excellence and daily behavior, vital to the company's core values, best leadership practices and success.
A distinguished employment lawyer recently told me that he sees 2012 as the Year of Retaliation.
My friend may be right. Equal Employment Opportunity Commission charges are on the rise; surveys indicate that in-house counsel view reprisal actions as a major concern; the new Dodd-Frank legislation may spark "bounty" charges followed by lawsuits from employees who say they have been punished for pressing their claims.
Full Story: http://www.workforce.com/article/20111024/BLOGS01/111029983/2012-its-either-the-year-of-retaliation-or-professionalism-and
AT&T Settles EEOC Age Discrimination Lawsuit
PRESS RELEASE
10-26-11
Retired Former Employees Should Have Equal Opportunity to Apply for New Jobs, Federal Agency Argued in Successful Action
NEW YORK – Telecommunications giant AT&T has agreed to cease discriminatory policies to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the agency announced today.
The EEOC had charged that AT&T, Inc. and a number of its subsidiaries discriminated against a class of retired AT&T workers by denying them the opportunity for reemployment solely because they retired under certain early retirement or enhanced severance programs. This practice violated the Age Discrimination in Employment Act (ADEA), the EEOC said. According to the EEOC’s lawsuit, individuals who participated in the Voluntary Early Retirement Incentive Program (VRIP – an AT&T Corp. program from 1998-1999, before its merger with SBC Communications from 2005 to 2007), the Enhanced Pension and Retirement Program (EPR – a pre-merger SBC program from 2000 to 2001), and the Change-in-Control Program (CIC – a pre-merger AT&T Corp. program conducted in connection with the merger) were restricted from being reemployed or engaged as contractors because they took one of these retirement packages.
The EEOC filed suit (EEOC v. AT&T Inc., AT&T Corp., AT&T Services, Inc. and Pacific Bell Telephone Company, d/b/a/ AT&T California, Case No. 09-CIV-7323) in U.S. District Court for the Southern District of New York on Aug. 20, 2009, after first trying to reach a pre-litigation settlement through its conciliation process. AT&T denied the allegations in the lawsuit, but agreed to change its policies related to the reemployment of retirees.
The consent decree settling the suit, entered on October 25, 2011 by U.S. District Judge J. Paul Oetken, prohibits AT&T from maintaining any policy that excludes from reemployment employees who left AT&T under one of the early retirement plans. The decree also prohibits AT&T from requiring a different process for selecting retirees than any other former employees.
“Many former employees who took an early retirement package years ago still need work, and will now have an equal opportunity to apply for new jobs at AT&T,” said Anna M. Pohl, a trial attorney in the EEOC’s New York District Office. “AT&T is to be commended for changing its policies and working with the EEOC to resolve this case.”
Elizabeth Grossman, regional attorney for the EEOC’s New York District Office, added, “All employees, regardless of their age, should be permitted to compete for jobs equally. That is the fundamental right the ADEA grants to older workers.”
According to company information, Dallas-based AT&T is the largest telecommunications company in the world by revenue, with $123 billion reported in 2009.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-26-11.cfm
10-26-11
Retired Former Employees Should Have Equal Opportunity to Apply for New Jobs, Federal Agency Argued in Successful Action
NEW YORK – Telecommunications giant AT&T has agreed to cease discriminatory policies to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the agency announced today.
The EEOC had charged that AT&T, Inc. and a number of its subsidiaries discriminated against a class of retired AT&T workers by denying them the opportunity for reemployment solely because they retired under certain early retirement or enhanced severance programs. This practice violated the Age Discrimination in Employment Act (ADEA), the EEOC said. According to the EEOC’s lawsuit, individuals who participated in the Voluntary Early Retirement Incentive Program (VRIP – an AT&T Corp. program from 1998-1999, before its merger with SBC Communications from 2005 to 2007), the Enhanced Pension and Retirement Program (EPR – a pre-merger SBC program from 2000 to 2001), and the Change-in-Control Program (CIC – a pre-merger AT&T Corp. program conducted in connection with the merger) were restricted from being reemployed or engaged as contractors because they took one of these retirement packages.
The EEOC filed suit (EEOC v. AT&T Inc., AT&T Corp., AT&T Services, Inc. and Pacific Bell Telephone Company, d/b/a/ AT&T California, Case No. 09-CIV-7323) in U.S. District Court for the Southern District of New York on Aug. 20, 2009, after first trying to reach a pre-litigation settlement through its conciliation process. AT&T denied the allegations in the lawsuit, but agreed to change its policies related to the reemployment of retirees.
The consent decree settling the suit, entered on October 25, 2011 by U.S. District Judge J. Paul Oetken, prohibits AT&T from maintaining any policy that excludes from reemployment employees who left AT&T under one of the early retirement plans. The decree also prohibits AT&T from requiring a different process for selecting retirees than any other former employees.
“Many former employees who took an early retirement package years ago still need work, and will now have an equal opportunity to apply for new jobs at AT&T,” said Anna M. Pohl, a trial attorney in the EEOC’s New York District Office. “AT&T is to be commended for changing its policies and working with the EEOC to resolve this case.”
Elizabeth Grossman, regional attorney for the EEOC’s New York District Office, added, “All employees, regardless of their age, should be permitted to compete for jobs equally. That is the fundamental right the ADEA grants to older workers.”
According to company information, Dallas-based AT&T is the largest telecommunications company in the world by revenue, with $123 billion reported in 2009.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-26-11.cfm
Global Rights and Partners Granted Two Thematic Hearings Before the Inter-American Commission on Human Rights at the Organization of American States
Global Rights
NEWS RELEASE
For Immediate Release
October 25, 2011
Contact: Mary Ester, Development and Communications
Email: MaryE@globalrights.org
Phone: (202) 741-5044
Global Rights and Partners Granted Two Thematic Hearings Before the Inter-American Commission on Human Rights at the Organization of American States (OAS)
Washington, D.C. – On Tuesday, October 25, 2011 and Friday October 28, 2011 Global Rights and its partners, Centro de Desarollo de la Mujer Afro-Peruana (CEDEMUNEP) and the Network of Afro-Latino, Caribbean and Diaspora Women, will hold two thematic hearings before the Inter-American Commission on Human Rights at the Organization of American States (OAS).
"The thematic hearings before the Inter-American Commission this week are critically important," said Carlos Quesada, Global Rights’ Racial and Ethnic Equality Program Director. "It provides our partners an opportunity to shine a light on discrimination against Afro-descendants in Latin America."
"This is the first time that the Commission has granted a hearing on the situation of Afro-Peruvians," said Cecilia Ramirez, Executive Director of CEDEMUNEP. "We look forward to making recommendations to the OAS to bring pressure to bear to improve the lives of Afro-descendants in Peru."
On Tuesday, October 25, 2011 Global Rights and CEDEMUNEP will present conclusions and recommendations of their report, Beyond the Historic Apology: A Report on the State of the Afro-Peruvian People’s Human Rights. This includes addressing the need for statistical data on Afro-Peruvians in order for the government to design and implement effective affirmative action policies.
http://www.globalrights.org/site/DocServer/2011-10-25_OAS_Release.pdf?docID=12963
NEWS RELEASE
For Immediate Release
October 25, 2011
Contact: Mary Ester, Development and Communications
Email: MaryE@globalrights.org
Phone: (202) 741-5044
Global Rights and Partners Granted Two Thematic Hearings Before the Inter-American Commission on Human Rights at the Organization of American States (OAS)
Washington, D.C. – On Tuesday, October 25, 2011 and Friday October 28, 2011 Global Rights and its partners, Centro de Desarollo de la Mujer Afro-Peruana (CEDEMUNEP) and the Network of Afro-Latino, Caribbean and Diaspora Women, will hold two thematic hearings before the Inter-American Commission on Human Rights at the Organization of American States (OAS).
"The thematic hearings before the Inter-American Commission this week are critically important," said Carlos Quesada, Global Rights’ Racial and Ethnic Equality Program Director. "It provides our partners an opportunity to shine a light on discrimination against Afro-descendants in Latin America."
"This is the first time that the Commission has granted a hearing on the situation of Afro-Peruvians," said Cecilia Ramirez, Executive Director of CEDEMUNEP. "We look forward to making recommendations to the OAS to bring pressure to bear to improve the lives of Afro-descendants in Peru."
On Tuesday, October 25, 2011 Global Rights and CEDEMUNEP will present conclusions and recommendations of their report, Beyond the Historic Apology: A Report on the State of the Afro-Peruvian People’s Human Rights. This includes addressing the need for statistical data on Afro-Peruvians in order for the government to design and implement effective affirmative action policies.
http://www.globalrights.org/site/DocServer/2011-10-25_OAS_Release.pdf?docID=12963
Wednesday, October 26, 2011
IBM taps first woman CEO to succeed Palmisano
USA Today
By Scott Martin, USA TODAY
IBM on Tuesday tapped Virginia "Ginni" Rometty to succeed Sam Palmisano as chief executive officer, becoming the first female CEO in the company's 100-year history.
Rometty, 54, will take the helm effective Jan. 1.
Analysts say that the 30-year IBM veteran was the natural choice. She is currently senior vice president and IBM's head of sales, marketing and strategy.
Full Story: http://www.usatoday.com/money/industries/technology/story/2011-10-25/ibm-ceo-retires/50913034/1
By Scott Martin, USA TODAY
IBM on Tuesday tapped Virginia "Ginni" Rometty to succeed Sam Palmisano as chief executive officer, becoming the first female CEO in the company's 100-year history.
Rometty, 54, will take the helm effective Jan. 1.
Analysts say that the 30-year IBM veteran was the natural choice. She is currently senior vice president and IBM's head of sales, marketing and strategy.
Full Story: http://www.usatoday.com/money/industries/technology/story/2011-10-25/ibm-ceo-retires/50913034/1
'We're a culture, not a costume' this Halloween
CNN.com
By Emanuella Grinberg, CNN
updated 11:09 AM EST, Wed October 26, 2011
(CNN) -- Thinking about donning a kimono to dress like a geisha for Halloween, or a Mexican mariachi suit?
Students from Ohio University have a message for you: "We're a culture, not a costume."
With ethnic and racial stereotypes becoming increasingly popular Halloween costume themes, members of the school's Students Teaching About Racism in Society are launching a campaign to make revelers think twice before reducing a culture to a caricature, the group's president said.
Full Story: http://www.cnn.com/2011/10/26/living/halloween-ethnic-costumes/index.html?hpt=hp_c2
By Emanuella Grinberg, CNN
updated 11:09 AM EST, Wed October 26, 2011
(CNN) -- Thinking about donning a kimono to dress like a geisha for Halloween, or a Mexican mariachi suit?
Students from Ohio University have a message for you: "We're a culture, not a costume."
With ethnic and racial stereotypes becoming increasingly popular Halloween costume themes, members of the school's Students Teaching About Racism in Society are launching a campaign to make revelers think twice before reducing a culture to a caricature, the group's president said.
Full Story: http://www.cnn.com/2011/10/26/living/halloween-ethnic-costumes/index.html?hpt=hp_c2
Tuesday, October 25, 2011
SHRM Comments on Proposal to Collect Contractors' Comp Data
Society for Human Resource Management
Need for more pay data from federal contractors is questioned
10/14/2011
The Society for Human Resource Management (SHRM) filed comments with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) on Oct. 11, 2011, regarding the agency's proposal to create a new compensation data collection tool for identifying potential compensation discrimination by federal contractors. The proposal was published in the Aug. 10, 2011, issue of the Federal Register.
According to the OFCCP, possible uses for the collected data include generating insight into potential problems of compensation discrimination by federal contractors and subcontractors that warrant further review or evaluation by OFCCP or a contractor self-audit.
Full Commentary: http://www.shrm.org/hrdisciplines/compensation/Articles/Pages/ContractorsCompData.aspx
Need for more pay data from federal contractors is questioned
10/14/2011
The Society for Human Resource Management (SHRM) filed comments with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) on Oct. 11, 2011, regarding the agency's proposal to create a new compensation data collection tool for identifying potential compensation discrimination by federal contractors. The proposal was published in the Aug. 10, 2011, issue of the Federal Register.
According to the OFCCP, possible uses for the collected data include generating insight into potential problems of compensation discrimination by federal contractors and subcontractors that warrant further review or evaluation by OFCCP or a contractor self-audit.
Full Commentary: http://www.shrm.org/hrdisciplines/compensation/Articles/Pages/ContractorsCompData.aspx
Proposed Contractor Compensation Data Collection Tool Will Enhance Accountability and Transparency
The following is a letter to the Department of Labor's OFCCP in support of it's proposed Data Collection Tool
POGO - Project on Government Oversight
October 11, 2011
Debra A. Carr, DirectorDivision of Policy, Planning, and Program DevelopmentOffice of Federal Contract Compliance ProgramsRoom C-3325200 Constitution Avenue, NWWashington, DC 20210
Submitted via Regulations.gov
Subject: RIN 1250-AA03
Dear Ms. Carr:
The Project On Government Oversight (POGO) provides the following public comment to RIN 1250-AA03, “Non-Discrimination in Compensation; Compensation Data Collection Tool,” (76 Fed. Reg. 49398, August 10, 2011). The Office of Federal Contract Compliance Programs (OFCCP) seeks input on a proposal to develop and implement a tool to collect compensation data from federal supply and service contractors and subcontractors.
As an independent nonprofit organization committed to achieving a more accountable and transparent federal government, POGO has a keen interest in federal contracting matters. POGO supports the creation of this compensation data collection tool. It will improve OFCCP’s ability to identify, and ultimately eliminate, discriminatory pay practices by federal contractors, which may improve overall performance of the government’s contractor workforce. It will also help the government keep better track of the contractor workforce.
More Responsible Contractors, Higher Quality Goods and Services
The award of contracts is predicated on the basic principle of responsibility, which, according to the Federal Acquisition Regulation (FAR), includes “a satisfactory record of integrity and business ethics.”[1] POGO believes that a contractor’s labor practices, including its employee compensation practices, constitute a large part of its record of integrity and business ethics. The proposed compensation data collection tool will improve the government’s ability to determine companies’ responsibility, which in turn will lead to better contracting decisions and help the agencies achieve their missions.
Recent studies have confirmed that contractors’ labor practices–how they treat their employees in terms of compensation and workplace conditions–directly affect the quality of goods and services they deliver to their government customers.[2] Unfortunately, contractors with checkered or questionable labor practice track records still make up a substantial segment of the government’s vendor list. For example, POGO’s Federal Contractor Misconduct Database (www.contractormisconduct.org), which tracks the misconduct records of the largest federal contractors, shows that the government awards billions of taxpayer dollars to companies with multiple instances of gender, race, religion, ethnicity, and disability-based discrimination resulting in millions of dollars in fines, penalties, and legal settlements.
The federal government is starting to accept that a direct correlation exists between a contractor’s labor practices and the overall quality of its goods and services. As a result, there is movement toward placing greater emphasis on criteria such as a company’s compensation practices when making responsibility determinations.
A More Accurate Picture of the Size and Cost of the Contractor Workforce
OFCCP’s proposed data collection tool also has the potential for enabling the government to better monitor and assess the size of its “shadow” contractor workforce, as well as the savings or excessive costs resulting from reliance upon contractors. Currently, the federal government does not keep timely and accurate statistics about its contractor workforce: the number of employees, the race/ethnicity/gender make-up of the workforce, and the wages and benefits contractors pay their workers. This leaves the government unable to assess whether using contractors saves money and helps agencies achieve their missions.
POGO suggests that the new tool be designed and utilized to facilitate specific public/private sourcing decisions as well as to facilitate cost effectiveness analyses of program and agency contracting practices.
Specifically, POGO makes the following recommendations:
1. Design two sets of questions, one crafted for small business contractors, the other for larger contractors. Much of the proposed data would not be cost-beneficial as applied to small business contractors. The tool should apply to all federal contractors – supply and service contractors, as well as construction contractors. Data should be collected periodically to establish accurate trend lines on the size and cost of the government’s contractor workforce. 2. Design the tool to require contractors to provide contract-specific information as well as company-wide data, thereby facilitating more valid and reliable public/private cost comparisons.3. Design the tool to require contractors to provide data not only for themselves but also for all tiers of subcontractors providing services under each specific contract. 4. Regarding which job classification system to adopt, OPM’s General Schedule Classification System is preferable because it permits the best match for comparing contractor compensation with federal employee compensation. If OFCCP adopts the Bureau of Labor Statistics’ Standard Occupational Classification (SOC) system, it should upgrade and update OPM’s crosswalk between the GS and SOC job classifications.5. Because there are significant variances in the range of compensation within any job classification, POGO recommends adopting a method for stratifying levels of compensation within each job classification, similar to OPM’s stratification system. In addition, this breakdown should be contract specific to allow for valid and reliable public/private cost comparisons.6. There is value in collecting data on both an establishment basis as well as a nationwide basis, as costs and practices vary in different markets and locales.7. Companies bidding on federal contracts should be required to submit compensation data as part of the request for proposal process. This is most critical to an agency’s ability to make fair and reasonable cost comparisons that should inform their sourcing decisions.8. OFCCP should require contractors to submit data electronically. These submissions should also be made available to the public in a format that fully describes and explains the data. This will allow the public to monitor whether the government is effectively analyzing the data.9. OFCCP should confer with other federal agencies (for example, the Office of Personnel Management, the Office of Federal Procurement Policy, the Bureau of Labor Statistics, and the Office of Management and Budget) to ensure that this data collection tool is achieving its goals without imposing unnecessary duplication.
ConclusionThe proposed compensation data collection tool would greatly enhance government transparency and accountability. Past experience with a similar initiative, the OFCCP’s 2000 Equal Opportunity Survey, strongly suggests that this tool could provide valuable information with minimal burden on contractors.
Thank you for your consideration of these comments.
Sincerely,
Neil Gordon Investigator ngordon@pogo.org
http://www.pogo.org/pogo-files/letters/contract-oversight/co-ca-20111011.html
POGO - Project on Government Oversight
October 11, 2011
Debra A. Carr, DirectorDivision of Policy, Planning, and Program DevelopmentOffice of Federal Contract Compliance ProgramsRoom C-3325200 Constitution Avenue, NWWashington, DC 20210
Submitted via Regulations.gov
Subject: RIN 1250-AA03
Dear Ms. Carr:
The Project On Government Oversight (POGO) provides the following public comment to RIN 1250-AA03, “Non-Discrimination in Compensation; Compensation Data Collection Tool,” (76 Fed. Reg. 49398, August 10, 2011). The Office of Federal Contract Compliance Programs (OFCCP) seeks input on a proposal to develop and implement a tool to collect compensation data from federal supply and service contractors and subcontractors.
As an independent nonprofit organization committed to achieving a more accountable and transparent federal government, POGO has a keen interest in federal contracting matters. POGO supports the creation of this compensation data collection tool. It will improve OFCCP’s ability to identify, and ultimately eliminate, discriminatory pay practices by federal contractors, which may improve overall performance of the government’s contractor workforce. It will also help the government keep better track of the contractor workforce.
More Responsible Contractors, Higher Quality Goods and Services
The award of contracts is predicated on the basic principle of responsibility, which, according to the Federal Acquisition Regulation (FAR), includes “a satisfactory record of integrity and business ethics.”[1] POGO believes that a contractor’s labor practices, including its employee compensation practices, constitute a large part of its record of integrity and business ethics. The proposed compensation data collection tool will improve the government’s ability to determine companies’ responsibility, which in turn will lead to better contracting decisions and help the agencies achieve their missions.
Recent studies have confirmed that contractors’ labor practices–how they treat their employees in terms of compensation and workplace conditions–directly affect the quality of goods and services they deliver to their government customers.[2] Unfortunately, contractors with checkered or questionable labor practice track records still make up a substantial segment of the government’s vendor list. For example, POGO’s Federal Contractor Misconduct Database (www.contractormisconduct.org), which tracks the misconduct records of the largest federal contractors, shows that the government awards billions of taxpayer dollars to companies with multiple instances of gender, race, religion, ethnicity, and disability-based discrimination resulting in millions of dollars in fines, penalties, and legal settlements.
The federal government is starting to accept that a direct correlation exists between a contractor’s labor practices and the overall quality of its goods and services. As a result, there is movement toward placing greater emphasis on criteria such as a company’s compensation practices when making responsibility determinations.
A More Accurate Picture of the Size and Cost of the Contractor Workforce
OFCCP’s proposed data collection tool also has the potential for enabling the government to better monitor and assess the size of its “shadow” contractor workforce, as well as the savings or excessive costs resulting from reliance upon contractors. Currently, the federal government does not keep timely and accurate statistics about its contractor workforce: the number of employees, the race/ethnicity/gender make-up of the workforce, and the wages and benefits contractors pay their workers. This leaves the government unable to assess whether using contractors saves money and helps agencies achieve their missions.
POGO suggests that the new tool be designed and utilized to facilitate specific public/private sourcing decisions as well as to facilitate cost effectiveness analyses of program and agency contracting practices.
Specifically, POGO makes the following recommendations:
1. Design two sets of questions, one crafted for small business contractors, the other for larger contractors. Much of the proposed data would not be cost-beneficial as applied to small business contractors. The tool should apply to all federal contractors – supply and service contractors, as well as construction contractors. Data should be collected periodically to establish accurate trend lines on the size and cost of the government’s contractor workforce. 2. Design the tool to require contractors to provide contract-specific information as well as company-wide data, thereby facilitating more valid and reliable public/private cost comparisons.3. Design the tool to require contractors to provide data not only for themselves but also for all tiers of subcontractors providing services under each specific contract. 4. Regarding which job classification system to adopt, OPM’s General Schedule Classification System is preferable because it permits the best match for comparing contractor compensation with federal employee compensation. If OFCCP adopts the Bureau of Labor Statistics’ Standard Occupational Classification (SOC) system, it should upgrade and update OPM’s crosswalk between the GS and SOC job classifications.5. Because there are significant variances in the range of compensation within any job classification, POGO recommends adopting a method for stratifying levels of compensation within each job classification, similar to OPM’s stratification system. In addition, this breakdown should be contract specific to allow for valid and reliable public/private cost comparisons.6. There is value in collecting data on both an establishment basis as well as a nationwide basis, as costs and practices vary in different markets and locales.7. Companies bidding on federal contracts should be required to submit compensation data as part of the request for proposal process. This is most critical to an agency’s ability to make fair and reasonable cost comparisons that should inform their sourcing decisions.8. OFCCP should require contractors to submit data electronically. These submissions should also be made available to the public in a format that fully describes and explains the data. This will allow the public to monitor whether the government is effectively analyzing the data.9. OFCCP should confer with other federal agencies (for example, the Office of Personnel Management, the Office of Federal Procurement Policy, the Bureau of Labor Statistics, and the Office of Management and Budget) to ensure that this data collection tool is achieving its goals without imposing unnecessary duplication.
ConclusionThe proposed compensation data collection tool would greatly enhance government transparency and accountability. Past experience with a similar initiative, the OFCCP’s 2000 Equal Opportunity Survey, strongly suggests that this tool could provide valuable information with minimal burden on contractors.
Thank you for your consideration of these comments.
Sincerely,
Neil Gordon Investigator ngordon@pogo.org
http://www.pogo.org/pogo-files/letters/contract-oversight/co-ca-20111011.html
Manheim Companies Agree to Voluntary Debarment to Settle OFCCP Complaint
Outsolve!
Overview of Article. On September 13, 2011, the U.S. Department of Labor (“DOL”) Administrative Review Board signed an Order approving a Consent Decree between the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) and Manheim Auctions, Inc. (“Manheim Auctions”), a wholesale vehicle remarketer, and Manheim Auctions Government Services, LLC d/b/a/Manheim Government Services (“MAGS”), to settle an OFCCP Administrative Complaint against Manheim. In June of this year, a DOL Administrative Law Judge (“ALJ”) ruled that Manheim Auctions, which had more than 50 employees but no Federal contracts, operated as a “single entity” with MAGS, a subsidiary with many Federal contracts but with fewer than 50 employees, therefore resulting in both entities being subject to OFCCP jurisdiction and affirmative action requirements. Under the terms of the Consent Decree, Manheim Auctions and MAG agreed to voluntary debarment.
Full Story: http://www.outsolve-hr.com/newsdetail.aspx?id=109
To see the Administrative Review Board order, click here: http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/OFC/11_060.OFCP.PDF
Overview of Article. On September 13, 2011, the U.S. Department of Labor (“DOL”) Administrative Review Board signed an Order approving a Consent Decree between the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) and Manheim Auctions, Inc. (“Manheim Auctions”), a wholesale vehicle remarketer, and Manheim Auctions Government Services, LLC d/b/a/Manheim Government Services (“MAGS”), to settle an OFCCP Administrative Complaint against Manheim. In June of this year, a DOL Administrative Law Judge (“ALJ”) ruled that Manheim Auctions, which had more than 50 employees but no Federal contracts, operated as a “single entity” with MAGS, a subsidiary with many Federal contracts but with fewer than 50 employees, therefore resulting in both entities being subject to OFCCP jurisdiction and affirmative action requirements. Under the terms of the Consent Decree, Manheim Auctions and MAG agreed to voluntary debarment.
Full Story: http://www.outsolve-hr.com/newsdetail.aspx?id=109
To see the Administrative Review Board order, click here: http://www.oalj.dol.gov/PUBLIC/ARB/DECISIONS/ARB_DECISIONS/OFC/11_060.OFCP.PDF
Monday, October 24, 2011
ERBE: Supreme Court to take up affirmative action
The Times Herald
Posted: 10/23/11 05:33 pm
Scripps Howard News Service
Is affirmative action passe, or is it a vibrant doctrine that is still sorely needed to diversify the nation’s public colleges and universities? That is a question the Supreme Court is likely to take up and answer later in the current term.
At issue is whether public colleges and universities can take into account a student’s race when deciding whether to grant that student admission. A white woman named Abigail Fisher claims she was denied admission to the University of Texas due to her race. According to The New York Times, “She sued in Federal District Court in Austin, causing Judge Sam Sparks to spend time trying to make sense of a 2003 Supreme Court decision allowing racial preferences in higher education.
Full Story: http://timesherald.com/article/20111023/NEWS/111029868/-1/news
Posted: 10/23/11 05:33 pm
Scripps Howard News Service
Is affirmative action passe, or is it a vibrant doctrine that is still sorely needed to diversify the nation’s public colleges and universities? That is a question the Supreme Court is likely to take up and answer later in the current term.
At issue is whether public colleges and universities can take into account a student’s race when deciding whether to grant that student admission. A white woman named Abigail Fisher claims she was denied admission to the University of Texas due to her race. According to The New York Times, “She sued in Federal District Court in Austin, causing Judge Sam Sparks to spend time trying to make sense of a 2003 Supreme Court decision allowing racial preferences in higher education.
Full Story: http://timesherald.com/article/20111023/NEWS/111029868/-1/news
The Paradox of the New Elite
The New York Times
Sunday Review
By ALEXANDER STILLE
Published: October 22, 2011
Alexander Stille is a professor of international journalism at Columbia.
IT’S a puzzle: one dispossessed group after another — blacks, women, Hispanics and gays — has been gradually accepted in the United States, granted equal rights and brought into the mainstream.
At the same time, in economic terms, the United States has gone from being a comparatively egalitarian society to one of the most unequal democracies in the world.
The two shifts are each huge and hugely important: one shows a steady march toward democratic inclusion, the other toward a tolerance of economic stratification that would have been unthinkable a generation ago.
Full Story: http://www.nytimes.com/2011/10/23/opinion/sunday/social-inequality-and-the-new-elite.html?_r=1
Sunday Review
By ALEXANDER STILLE
Published: October 22, 2011
Alexander Stille is a professor of international journalism at Columbia.
IT’S a puzzle: one dispossessed group after another — blacks, women, Hispanics and gays — has been gradually accepted in the United States, granted equal rights and brought into the mainstream.
At the same time, in economic terms, the United States has gone from being a comparatively egalitarian society to one of the most unequal democracies in the world.
The two shifts are each huge and hugely important: one shows a steady march toward democratic inclusion, the other toward a tolerance of economic stratification that would have been unthinkable a generation ago.
Full Story: http://www.nytimes.com/2011/10/23/opinion/sunday/social-inequality-and-the-new-elite.html?_r=1
Declining numbers of blacks seen in math, science
Associated Press
By JESSE WASHINGTON, AP National Writer – 16 hours ago
With black unemployment reaching historic levels, banks laying off tens of thousands and law school graduates waiting tables, why aren't more African-Americans looking toward science, technology, engineering and math — the still-hiring careers known as STEM?
The answer turns out to be a complex equation of self-doubt, stereotypes, discouragement and economics — and sometimes just wrong perceptions of what math and science are all about.
The percentage of African-Americans earning STEM degrees has fallen during the last decade. It may seem far-fetched for an undereducated black population to aspire to become chemists or computer scientists, but the door is wide open, colleges say, and the shortfall has created opportunities for those who choose this path.
Full Story: http://www.google.com/hostednews/ap/article/ALeqM5ja9P9ONQI85BmkNNrOFlDKIzVl_Q?docId=8d61edfa9d3f4d9183bb3d574a432cbe
By JESSE WASHINGTON, AP National Writer – 16 hours ago
With black unemployment reaching historic levels, banks laying off tens of thousands and law school graduates waiting tables, why aren't more African-Americans looking toward science, technology, engineering and math — the still-hiring careers known as STEM?
The answer turns out to be a complex equation of self-doubt, stereotypes, discouragement and economics — and sometimes just wrong perceptions of what math and science are all about.
The percentage of African-Americans earning STEM degrees has fallen during the last decade. It may seem far-fetched for an undereducated black population to aspire to become chemists or computer scientists, but the door is wide open, colleges say, and the shortfall has created opportunities for those who choose this path.
Full Story: http://www.google.com/hostednews/ap/article/ALeqM5ja9P9ONQI85BmkNNrOFlDKIzVl_Q?docId=8d61edfa9d3f4d9183bb3d574a432cbe
Second Circuit finds that employers may be obligated to accommodate a disabled employee's commute
Lexology.com
Sheppard Mullin Richter & Hampton LLP
James R. Hays and Jonathan Sokolowski
USA
October 11 2011
The Second Circuit Court of Appeals has held that under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act, employers may be required to assist disabled employees with their commute.
In Nixon-Tinkelman v. N.Y. City Dep’t of Health & Mental Hygiene, No. 10-3317-cv, 2011 U.S. App. LEXIS 16569 (2d Cir. N.Y. Aug. 10, 2011), plaintiff Barbara Nixon-Tinkelman (“Plaintiff”), who has cancer, heart problems, asthma, and is hearing impaired, brought suit under the ADA and the Rehabilitation Act alleging that the New York City Department of Health & Mental Hygiene (“Defendant” or “DOHMH”) failed to reasonably accommodate her disability. Specifically, following her transfer from Queens to Manhattan, Plaintiff requested that DOHMH accommodate her commute by transferring her back to an office location closer to her home in Queens. DOHMH ultimately denied Plaintiff’s request.
Full Story: http://www.lexology.com/library/detail.aspx?g=147306f6-6864-4a6c-aa33-83acff69f85e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-20&utm_term=
Sheppard Mullin Richter & Hampton LLP
James R. Hays and Jonathan Sokolowski
USA
October 11 2011
The Second Circuit Court of Appeals has held that under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act, employers may be required to assist disabled employees with their commute.
In Nixon-Tinkelman v. N.Y. City Dep’t of Health & Mental Hygiene, No. 10-3317-cv, 2011 U.S. App. LEXIS 16569 (2d Cir. N.Y. Aug. 10, 2011), plaintiff Barbara Nixon-Tinkelman (“Plaintiff”), who has cancer, heart problems, asthma, and is hearing impaired, brought suit under the ADA and the Rehabilitation Act alleging that the New York City Department of Health & Mental Hygiene (“Defendant” or “DOHMH”) failed to reasonably accommodate her disability. Specifically, following her transfer from Queens to Manhattan, Plaintiff requested that DOHMH accommodate her commute by transferring her back to an office location closer to her home in Queens. DOHMH ultimately denied Plaintiff’s request.
Full Story: http://www.lexology.com/library/detail.aspx?g=147306f6-6864-4a6c-aa33-83acff69f85e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-20&utm_term=
OFCCP scores another big settlement ($600,000) in a discriminatory failure to hire case
Lexology.com
Fox Rothschild LLP
Christina A. Stoneburner
USA
October 21 2011
Where's the beef? Or in this case, the defense to a charge of discriminatory hiring. Caviness Beef Packers Ltd. is likely asking itself that very question.
A mere month after announcing a $2 million dollar settlement was reached between the Office of Federal Contract Compliance Programs (OFCCP) and Tyson Foods, the OFCCP announces a $600,000 settlement with Caviness Beef.
Full Story: http://www.lexology.com/library/detail.aspx?g=40617ed2-d673-4c8b-9d73-f1474cb1d10f
Fox Rothschild LLP
Christina A. Stoneburner
USA
October 21 2011
Where's the beef? Or in this case, the defense to a charge of discriminatory hiring. Caviness Beef Packers Ltd. is likely asking itself that very question.
A mere month after announcing a $2 million dollar settlement was reached between the Office of Federal Contract Compliance Programs (OFCCP) and Tyson Foods, the OFCCP announces a $600,000 settlement with Caviness Beef.
Full Story: http://www.lexology.com/library/detail.aspx?g=40617ed2-d673-4c8b-9d73-f1474cb1d10f
New law requires employers to continue health benefits for employees on pregnancy disability leave
Lexology.com
Jeffer Mangels Butler & Mitchell LLP
Amy Messigian
USA
October 12 2011
Last week, Governor Brown signed two bills (AB 592 and SB 299) that further protect an employee's rights during pregnancy disability or family medical leave. Both bills, which take effect on January 1, 2012, require employers with five or more employees to continue paying their share of an employee's health care benefits for up to four months in any 12-month period while the employee is out on Pregnancy Disability Leave ("PDL"). California's PDL law makes it unlawful for employers with five or more employees to refuse to grant a leave of absence of up to four months to a female employee affected by pregnancy, childbirth or related conditions. Additionally, AB 592 expressly clarifies that employers are liable under California law for interfering or attempting to interfere with an employee's right to take family or pregnancy leave. Labor and employment attorney, Amy Messigian, discusses these new bills and how they affect your employees.
Full Story: http://www.lexology.com/library/detail.aspx?g=97616d1c-1ade-4559-ac23-096c0d308240&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-20&utm_term=
Jeffer Mangels Butler & Mitchell LLP
Amy Messigian
USA
October 12 2011
Last week, Governor Brown signed two bills (AB 592 and SB 299) that further protect an employee's rights during pregnancy disability or family medical leave. Both bills, which take effect on January 1, 2012, require employers with five or more employees to continue paying their share of an employee's health care benefits for up to four months in any 12-month period while the employee is out on Pregnancy Disability Leave ("PDL"). California's PDL law makes it unlawful for employers with five or more employees to refuse to grant a leave of absence of up to four months to a female employee affected by pregnancy, childbirth or related conditions. Additionally, AB 592 expressly clarifies that employers are liable under California law for interfering or attempting to interfere with an employee's right to take family or pregnancy leave. Labor and employment attorney, Amy Messigian, discusses these new bills and how they affect your employees.
Full Story: http://www.lexology.com/library/detail.aspx?g=97616d1c-1ade-4559-ac23-096c0d308240&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-20&utm_term=
Justice Department Settles Religious Discrimination Lawsuit Against Berkeley School District in Illinois
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, October 13, 2011
Justice Department Settles Religious Discrimination Lawsuit Against Berkeley School District in Illinois
WASHINGTON — The Department of Justice announced today that it has entered into a consent decree with the Board of Education of Berkeley School District 87 in Berkeley, Ill. that, if approved by the court, will resolve a religious accommodations lawsuit filed in December 2010. In its lawsuit, the United States alleged that the school district violated Title VII of the Civil Rights Act of 1964 by failing to reasonably accommodate the religious practices of Safoorah Khan, a Muslim teacher at McArthur Middle School.
“Employees should not have to choose between practicing their religion and their jobs,” said Thomas Perez, Assistant Attorney General for the Civil Rights Division. “The facts of this case show the consequences of an employer refusing to engage in any interactive process to understand and work with an employee to find an accommodation of the employee’s religious beliefs that will not cause undue hardship to the employer. We are pleased that Berkeley School District has agreed to implement a training program that puts into place an interactive process to ensure that each request for a religious accommodation will be considered on a case-by-case basis and granted if it poses no undue hardship on the school district.”
The government’s complaint, filed in the U.S. District Court for the Northern District of Illinois in Chicago, alleged that Ms. Khan requested an unpaid leave of absence in December 2008 to perform Hajj, a pilgrimage required by her religion, Islam. According to the complaint, Berkeley School District denied Ms. Khan a reasonable accommodation of her religious practice, compelling Ms. Khan to choose between her job and her religious beliefs, thus forcing her discharge. The United States also alleged that the school district maintains a policy under which it refuses to grant leave to non-tenured teachers as an accommodation for their religious practices if the leave requested is not already provided for in the school district’s leave policy.
The lawsuit was based on a charge of discrimination filed by Ms. Khan with the Chicago District Office of the Equal Employment Opportunity Commission (EEOC). After investigating Ms. Khan’s charge, finding reasonable cause to believe that Berkeley School District had discriminated against Ms. Khan, and unsuccessfully attempting to conciliate the matter, the EEOC referred the charge to the Department of Justice.
Under the terms of the consent decree, Berkeley School District will pay $75,000 to Ms. Khan for lost back pay, compensatory damages and attorneys’ fees. Berkeley School District also is required to develop and distribute a religious accommodation policy consistent with Title VII’s requirement to reasonably accommodate the religious beliefs, practices and/or observances of all employees and prospective employees. In addition, Berkeley School District is required to provide mandatory training on religious accommodation to all board of education members, supervisors, managers, administrators and human resources officials who participate in decisions on religious accommodation requests made by its employees and prospective employees.
This is the first lawsuit brought by the Department of Justice as a result of a pilot project designed to ensure vigorous enforcement of Title VII against state and local governmental employers by enhancing cooperation between the EEOC and the Civil Rights Division.
“As the favorable resolution of this case demonstrates, closer collaboration between the EEOC and the Department of Justice will strengthen the enforcement of this nation’s civil rights laws,” said Jacqueline A. Berrien, Chair of the EEOC. “Our partnership is critical to ensuring that workplaces are free of bias.”
Title VII prohibits discrimination in employment on the basis of gender, race, color, national origin or religion, and prohibits retaliation against an employee who opposes an unlawful employment practice, or because the employee has made a charge or participated in an investigation, proceeding or hearing under the Act. More information about Title VII and other federal employment laws is available on the Department of Justice website at www.usdoj.gov/crt/emp/index.html.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.
11-1362
Civil Rights Division
http://www.justice.gov/opa/pr/2011/October/11-crt-1362.html
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, October 13, 2011
Justice Department Settles Religious Discrimination Lawsuit Against Berkeley School District in Illinois
WASHINGTON — The Department of Justice announced today that it has entered into a consent decree with the Board of Education of Berkeley School District 87 in Berkeley, Ill. that, if approved by the court, will resolve a religious accommodations lawsuit filed in December 2010. In its lawsuit, the United States alleged that the school district violated Title VII of the Civil Rights Act of 1964 by failing to reasonably accommodate the religious practices of Safoorah Khan, a Muslim teacher at McArthur Middle School.
“Employees should not have to choose between practicing their religion and their jobs,” said Thomas Perez, Assistant Attorney General for the Civil Rights Division. “The facts of this case show the consequences of an employer refusing to engage in any interactive process to understand and work with an employee to find an accommodation of the employee’s religious beliefs that will not cause undue hardship to the employer. We are pleased that Berkeley School District has agreed to implement a training program that puts into place an interactive process to ensure that each request for a religious accommodation will be considered on a case-by-case basis and granted if it poses no undue hardship on the school district.”
The government’s complaint, filed in the U.S. District Court for the Northern District of Illinois in Chicago, alleged that Ms. Khan requested an unpaid leave of absence in December 2008 to perform Hajj, a pilgrimage required by her religion, Islam. According to the complaint, Berkeley School District denied Ms. Khan a reasonable accommodation of her religious practice, compelling Ms. Khan to choose between her job and her religious beliefs, thus forcing her discharge. The United States also alleged that the school district maintains a policy under which it refuses to grant leave to non-tenured teachers as an accommodation for their religious practices if the leave requested is not already provided for in the school district’s leave policy.
The lawsuit was based on a charge of discrimination filed by Ms. Khan with the Chicago District Office of the Equal Employment Opportunity Commission (EEOC). After investigating Ms. Khan’s charge, finding reasonable cause to believe that Berkeley School District had discriminated against Ms. Khan, and unsuccessfully attempting to conciliate the matter, the EEOC referred the charge to the Department of Justice.
Under the terms of the consent decree, Berkeley School District will pay $75,000 to Ms. Khan for lost back pay, compensatory damages and attorneys’ fees. Berkeley School District also is required to develop and distribute a religious accommodation policy consistent with Title VII’s requirement to reasonably accommodate the religious beliefs, practices and/or observances of all employees and prospective employees. In addition, Berkeley School District is required to provide mandatory training on religious accommodation to all board of education members, supervisors, managers, administrators and human resources officials who participate in decisions on religious accommodation requests made by its employees and prospective employees.
This is the first lawsuit brought by the Department of Justice as a result of a pilot project designed to ensure vigorous enforcement of Title VII against state and local governmental employers by enhancing cooperation between the EEOC and the Civil Rights Division.
“As the favorable resolution of this case demonstrates, closer collaboration between the EEOC and the Department of Justice will strengthen the enforcement of this nation’s civil rights laws,” said Jacqueline A. Berrien, Chair of the EEOC. “Our partnership is critical to ensuring that workplaces are free of bias.”
Title VII prohibits discrimination in employment on the basis of gender, race, color, national origin or religion, and prohibits retaliation against an employee who opposes an unlawful employment practice, or because the employee has made a charge or participated in an investigation, proceeding or hearing under the Act. More information about Title VII and other federal employment laws is available on the Department of Justice website at www.usdoj.gov/crt/emp/index.html.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.
11-1362
Civil Rights Division
http://www.justice.gov/opa/pr/2011/October/11-crt-1362.html
Massachusetts Appeals Court finds company liable for supervisor’s harassing actions outside of the workplace
Lexology.com
Seyfarth Shaw LLP
USA
October 17 2011
In Cahill v. Silva, the Massachusetts Appeals Court held that harassment occurring outside of work time and away from the workplace is actionable if it affects an employee’s terms and conditions of employment or is otherwise sufficiently linked to the workplace. This decision serves as a reminder that an employer may be found liable for its employees’ off-duty conduct.
Shortly after Daryl Cahill began working at Exodus Medical Transportation, he commenced a consensual sexual relationship with his direct supervisor, Christina Nelson. When the relationship deteriorated, Nelson threatened to fire Cahill, which prompted him to resume the relationship for several months. After the relationship ended a second time, Nelson vandalized Cahill’s car and told him he should stop reporting to work. Over the ensuing weeks, Nelson left Cahill several voicemail messages detailing her plans to terminate his employment if he did not engage in sexual relations with her. Cahill reported Nelson’s harassment to the Company’s owner, Stephen Silva, who placed Cahill on leave pending the resolution of the issues with Nelson. Silva demoted Nelson and requested that Cahill return to work. Cahill refused and filed suit against the Company, Silva, and Nelson, alleging quid pro quo sexual harassment.
Full Story: http://www.lexology.com/library/detail.aspx?g=effc1bf3-b3f8-4b5c-9601-1f5ade2802d4&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Other+states+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-24&utm_term=
Seyfarth Shaw LLP
USA
October 17 2011
In Cahill v. Silva, the Massachusetts Appeals Court held that harassment occurring outside of work time and away from the workplace is actionable if it affects an employee’s terms and conditions of employment or is otherwise sufficiently linked to the workplace. This decision serves as a reminder that an employer may be found liable for its employees’ off-duty conduct.
Shortly after Daryl Cahill began working at Exodus Medical Transportation, he commenced a consensual sexual relationship with his direct supervisor, Christina Nelson. When the relationship deteriorated, Nelson threatened to fire Cahill, which prompted him to resume the relationship for several months. After the relationship ended a second time, Nelson vandalized Cahill’s car and told him he should stop reporting to work. Over the ensuing weeks, Nelson left Cahill several voicemail messages detailing her plans to terminate his employment if he did not engage in sexual relations with her. Cahill reported Nelson’s harassment to the Company’s owner, Stephen Silva, who placed Cahill on leave pending the resolution of the issues with Nelson. Silva demoted Nelson and requested that Cahill return to work. Cahill refused and filed suit against the Company, Silva, and Nelson, alleging quid pro quo sexual harassment.
Full Story: http://www.lexology.com/library/detail.aspx?g=effc1bf3-b3f8-4b5c-9601-1f5ade2802d4&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Other+states+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-24&utm_term=
PROPOSED CHANGES TO CURRENT POPULATION SURVEY (CPS) DISABILITY SUPPLEMENT
OFCCP Blog Spot
by Art Gutman Ph.D., Professor, Florida Institute of Technology
Friday, October 21, 2011
In a release dated 10/19/11, the DOL announced proposed changes to the CPS Disability Supplement survey. The proposed changes are in accord with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C.3506(c)(2)(A)]. According to the announcement, the Bureau of Labor Statistics (BLS) will issue an information collection request (ICR).
Full Story: http://ofccp.blogspot.com/2011/10/proposed-changes-to-current-population.html
by Art Gutman Ph.D., Professor, Florida Institute of Technology
Friday, October 21, 2011
In a release dated 10/19/11, the DOL announced proposed changes to the CPS Disability Supplement survey. The proposed changes are in accord with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C.3506(c)(2)(A)]. According to the announcement, the Bureau of Labor Statistics (BLS) will issue an information collection request (ICR).
Full Story: http://ofccp.blogspot.com/2011/10/proposed-changes-to-current-population.html
Employers Accessing Digital Dirt: Some Things to Consider
Westlaw Journal
VOLUME 25, ISSUE 10 / DECEMBER 14, 2010
By Nichelle Levy, Esq., and Julian Wright, Esq. Robinson, Bradshaw & Hinson
Examples — and even bizarre stories — abound of employers firing employees for inappropriate social media content.
Workers are fired for offensive or harassing posts, posts that divulge confidential company or client information, posts of images of themselves in compromising situations, and posts that include negative comments about customers, superiors or their companies.
Relatively less explored are the ways in which employers may (or may not) use social media content to screen candidates during the hiring process. This article will discuss the state and federal laws, as well as recent court decisions, regarding employees’ expectations of privacy in social media that employers should consider before using information gleaned from social media sites in the hiring process.
Full Story: http://www.rbh.com/files/Publication/8743b012-b2d9-405b-b932-016108b3e675/Presentation/PublicationAttachment/020d5c06-287c-4027-bd6f-0553ac0ce74c/WLJ_Levy_JWright_DigitalDirt_Dec2010.pdf
VOLUME 25, ISSUE 10 / DECEMBER 14, 2010
By Nichelle Levy, Esq., and Julian Wright, Esq. Robinson, Bradshaw & Hinson
Examples — and even bizarre stories — abound of employers firing employees for inappropriate social media content.
Workers are fired for offensive or harassing posts, posts that divulge confidential company or client information, posts of images of themselves in compromising situations, and posts that include negative comments about customers, superiors or their companies.
Relatively less explored are the ways in which employers may (or may not) use social media content to screen candidates during the hiring process. This article will discuss the state and federal laws, as well as recent court decisions, regarding employees’ expectations of privacy in social media that employers should consider before using information gleaned from social media sites in the hiring process.
Full Story: http://www.rbh.com/files/Publication/8743b012-b2d9-405b-b932-016108b3e675/Presentation/PublicationAttachment/020d5c06-287c-4027-bd6f-0553ac0ce74c/WLJ_Levy_JWright_DigitalDirt_Dec2010.pdf
Workforce Diversity Includes Disability
U.S. Department of Labor
Office of Disability Employment Policy
If you’ve ever seen a poster or brochure about topics such as child safety seats or drunk driving prevention, you might already be familiar with Kenny Allen’s work. A graphic designer in Washington, D.C., Kenny is part of a prolific team that produces publications, websites and other materials to promote road safety.
Kenny works for a Federal contractor to the U.S. Department of Transportation’s National Highway Traffic Safety Administration. His employer — a minority-owned business that graduated from the Small Business Administration’s 8a Business Development Program for small, disadvantaged businesses — is expressly committed to diversity in its workforce, and Kenny is one reflection of this core value.
Full Story: http://www.dol.gov/odep/BusinessSense/2011/bsense1011.htm
Office of Disability Employment Policy
If you’ve ever seen a poster or brochure about topics such as child safety seats or drunk driving prevention, you might already be familiar with Kenny Allen’s work. A graphic designer in Washington, D.C., Kenny is part of a prolific team that produces publications, websites and other materials to promote road safety.
Kenny works for a Federal contractor to the U.S. Department of Transportation’s National Highway Traffic Safety Administration. His employer — a minority-owned business that graduated from the Small Business Administration’s 8a Business Development Program for small, disadvantaged businesses — is expressly committed to diversity in its workforce, and Kenny is one reflection of this core value.
Full Story: http://www.dol.gov/odep/BusinessSense/2011/bsense1011.htm
Tic Wyoming Agrees To Pay $135,000 To Settle EEOC Lawsuit For Disability Discrimination
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
10-21-11
Federal Agency Alleges Millwright Unlawfully Fired Over Medical Conditions
DENVER – Casper, Wyo.-based T.I.C.-The Industrial Company Wyoming, Inc., a heavy construction company, has agreed to pay $135,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, EEOC v. T.I.C.-The Industrial Company Wyoming, Inc., 11-cv-324-F, filed in federal court in Cheyenne on Sept. 30, 2011, millwright Matthew Gilkey, despite satisfactorily performing his job for several weeks, was fired by TIC Wyoming on Oct. 27, 2006, because of the need to make reasonable accommodation for his physical impairments, which included a leg amputation. The EEOC also claimed that TIC Wyoming refused to allow Gilkey to return to work unless he provided medical documentation that he could perform his job duties without medical restrictions. The EEOC further alleged that the company also failed or refused to engage Gilkey in good-faith discussions about accommodations he had requested and TIC Wyoming had previously provided but then withdrew.
In addition to the monetary settlement, TIC Wyoming has agreed, among other things, to provide its employees, supervisors, and managers with annual training for two years on the Americans with Disabilities Act, and to make periodic reports to the EEOC.
“We commend TIC Wyoming for addressing this case head-on, for being willing to work with our Denver Field Office to resolve it, and for its commitment to better educate its management team and work force,” said EEOC Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes Wyoming. “We believe this resolution will help foster a discrimination-free workplace going forward.”
EEOC Denver Field Office Director Nancy Sienko said, “The EEOC stands ready to assist all victims of job discrimination. The volume and increase in ADA charges demonstrate the EEOC's need to stay vigilant in the fight for rights of the disabled.”
TIC Wyoming provides direct-hire construction services to traditional industrial markets.
The EEOC enforces federal laws prohibiting employment discrimination. The Phoenix District Office covers Wyoming, Colorado, Utah, Arizona and part of New Mexico. Further information is available on the EEOC’s website at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-21-11.cfm
PRESS RELEASE
10-21-11
Federal Agency Alleges Millwright Unlawfully Fired Over Medical Conditions
DENVER – Casper, Wyo.-based T.I.C.-The Industrial Company Wyoming, Inc., a heavy construction company, has agreed to pay $135,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, EEOC v. T.I.C.-The Industrial Company Wyoming, Inc., 11-cv-324-F, filed in federal court in Cheyenne on Sept. 30, 2011, millwright Matthew Gilkey, despite satisfactorily performing his job for several weeks, was fired by TIC Wyoming on Oct. 27, 2006, because of the need to make reasonable accommodation for his physical impairments, which included a leg amputation. The EEOC also claimed that TIC Wyoming refused to allow Gilkey to return to work unless he provided medical documentation that he could perform his job duties without medical restrictions. The EEOC further alleged that the company also failed or refused to engage Gilkey in good-faith discussions about accommodations he had requested and TIC Wyoming had previously provided but then withdrew.
In addition to the monetary settlement, TIC Wyoming has agreed, among other things, to provide its employees, supervisors, and managers with annual training for two years on the Americans with Disabilities Act, and to make periodic reports to the EEOC.
“We commend TIC Wyoming for addressing this case head-on, for being willing to work with our Denver Field Office to resolve it, and for its commitment to better educate its management team and work force,” said EEOC Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes Wyoming. “We believe this resolution will help foster a discrimination-free workplace going forward.”
EEOC Denver Field Office Director Nancy Sienko said, “The EEOC stands ready to assist all victims of job discrimination. The volume and increase in ADA charges demonstrate the EEOC's need to stay vigilant in the fight for rights of the disabled.”
TIC Wyoming provides direct-hire construction services to traditional industrial markets.
The EEOC enforces federal laws prohibiting employment discrimination. The Phoenix District Office covers Wyoming, Colorado, Utah, Arizona and part of New Mexico. Further information is available on the EEOC’s website at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-21-11.cfm
Mayor And City Council Of Ocean City To Pay $38,000 To Settle EEOC Age Bias And Retaliation Suit
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
10-20-11
Agency Said Older Candidate Denied Job Due to Age and Retaliation
BALTIMORE –The mayor and city council of Ocean City, Md., will pay $38,000 and furnish other relief to settle an age discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to EEOC’s suit (JFM/PWG-10-02690), filed in U.S District Court for the District of Maryland, Northern Division, Anthony Indge was not hired into the full-time position of airport associate because of his age, 62 at the time of his application, and was not rehired into the position of temporary line technician in retaliation for his complaints about age discrimination. Indge had been employed as a temporary line technician and had filled in as an airport associate in 2007 and 2008. While interviewing Indge, the airport manager at the time (the hiring official) made ageist comments to Indge, despite previously having informed Indge that his performance made him a valued employee.
The Age Discrimination in Employment Act (ADEA) protects people 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate. The EEOC filed suit after first attempting to reach a voluntary settlement.
The three-year consent decree settling the suit enjoins the mayor and city council of Ocean City from any further discriminating against applicants and employees on the basis of age or retaliating against employees who oppose age discrimination. In addition, all current and future managers and current employees will receive training on federal laws prohibiting employment discrimination with an emphasis on age discrimination, harassment, and retaliation. The initial training will be conducted by the EEOC. Ocean City also must post a notice affirming its commitment to maintaining an environment free from employment discrimination.
“It is important that all employees know that age discrimination is illegal in all facets of their employment,” said EEOC Regional Attorney Debra M. Lawrence. “Employers have a responsibility to provide all employees and applicants with fair and decent treatment, regardless of age.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-20-11.cfm
PRESS RELEASE
10-20-11
Agency Said Older Candidate Denied Job Due to Age and Retaliation
BALTIMORE –The mayor and city council of Ocean City, Md., will pay $38,000 and furnish other relief to settle an age discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to EEOC’s suit (JFM/PWG-10-02690), filed in U.S District Court for the District of Maryland, Northern Division, Anthony Indge was not hired into the full-time position of airport associate because of his age, 62 at the time of his application, and was not rehired into the position of temporary line technician in retaliation for his complaints about age discrimination. Indge had been employed as a temporary line technician and had filled in as an airport associate in 2007 and 2008. While interviewing Indge, the airport manager at the time (the hiring official) made ageist comments to Indge, despite previously having informed Indge that his performance made him a valued employee.
The Age Discrimination in Employment Act (ADEA) protects people 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate. The EEOC filed suit after first attempting to reach a voluntary settlement.
The three-year consent decree settling the suit enjoins the mayor and city council of Ocean City from any further discriminating against applicants and employees on the basis of age or retaliating against employees who oppose age discrimination. In addition, all current and future managers and current employees will receive training on federal laws prohibiting employment discrimination with an emphasis on age discrimination, harassment, and retaliation. The initial training will be conducted by the EEOC. Ocean City also must post a notice affirming its commitment to maintaining an environment free from employment discrimination.
“It is important that all employees know that age discrimination is illegal in all facets of their employment,” said EEOC Regional Attorney Debra M. Lawrence. “Employers have a responsibility to provide all employees and applicants with fair and decent treatment, regardless of age.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-20-11.cfm
Video Interviewing Cuts Costs, but Bias Worries Linger
Workforce Management
By Heather O'Neill
October 5, 2011
As an executive recruiter for 17 years, Amy Rueda has tried most every form of technology to find the best talent.
Starting in the profession when paper résumés and face-to-face interviews were the norm, Rueda, director of strategic talent management for UCLA Development, adopted videoconferencing when it became popular in the 1990s. She soon discovered that although videoconferencing cut travel expenses and was more convenient, it was pricey since it required specialized equipment and location.
Full Story: http://www.workforce.com/article/20111005/NEWS02/111009962/video-interviewing-cuts-costs-but-bias-worries-linger
By Heather O'Neill
October 5, 2011
As an executive recruiter for 17 years, Amy Rueda has tried most every form of technology to find the best talent.
Starting in the profession when paper résumés and face-to-face interviews were the norm, Rueda, director of strategic talent management for UCLA Development, adopted videoconferencing when it became popular in the 1990s. She soon discovered that although videoconferencing cut travel expenses and was more convenient, it was pricey since it required specialized equipment and location.
Full Story: http://www.workforce.com/article/20111005/NEWS02/111009962/video-interviewing-cuts-costs-but-bias-worries-linger
Saturday, October 22, 2011
Sexual Harassment 20 Years Later
The New York Times
Editorial
Published: October 21, 2011
Twenty years ago this month, Anita Hill stepped into the glare of the national spotlight, testifying before the all-male Senate Judiciary Committee about the vulgar sexual advances she said she endured a decade earlier while working at two governThose hearings brought into the open the problem of sexual harassment — an issue that millions of women privately recognized but rarely discussed. For many, having a way to define and label the behavior was empoweringment agencies for Clarence Thomas, the nominee to the Supreme Court.
Full Story: http://www.nytimes.com/2011/10/22/opinion/sexual-harassment-20-years-later.html?_r=1&adxnnl=1&src=recg&adxnnlx=1319275258-i8mEVJ0lNORXTyba0gguLg
Editorial
Published: October 21, 2011
Twenty years ago this month, Anita Hill stepped into the glare of the national spotlight, testifying before the all-male Senate Judiciary Committee about the vulgar sexual advances she said she endured a decade earlier while working at two governThose hearings brought into the open the problem of sexual harassment — an issue that millions of women privately recognized but rarely discussed. For many, having a way to define and label the behavior was empoweringment agencies for Clarence Thomas, the nominee to the Supreme Court.
Full Story: http://www.nytimes.com/2011/10/22/opinion/sexual-harassment-20-years-later.html?_r=1&adxnnl=1&src=recg&adxnnlx=1319275258-i8mEVJ0lNORXTyba0gguLg
Friday, October 21, 2011
Federal contractor Caviness Beef Packers agrees to pay $600,000
U.S. Department of Labor
For Immediate Release
Oct. 20, 2011
Office of Public Affairs Contact: Elizabeth Todd Juan Rodriguez
Dallas, Texas
Phone: 972-850-4710 972-850-4709
Release Number: 11-1521-DAL Email: todd.elizabeth@dol.gov rodriguez.juan@dol.gov
Federal contractor Caviness Beef Packers agrees to pay $600,000 to
applicants to resolve allegations of hiring discrimination
746 applicants in Amarillo and Hereford, Texas, affected
AMARILLO, Texas – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that federal contractor Caviness Beef Packers Ltd., doing business as Palo Duro Meat Processing Inc. in Amarillo and Caviness Packing Co. in Hereford, has agreed to a settlement resolving findings that the company discriminated against job applicants on the bases of race and gender by rejecting them for positions at the company’s two meat processing facilities.
“The law is clear,” said OFCCP Director Patricia A. Shiu. “Discrimination will not be tolerated by employers who profit from lucrative government contracts. We are committed to protecting workers from discrimination, including the hundreds of qualified white, black, Asian and female job seekers involved in this case.”
OFCCP conducted scheduled compliance reviews of both plants, which found 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. Caviness holds contracts with the U.S. Department of Agriculture in excess of $20 million.
Under the conciliation agreement, Amarillo-based Caviness Beef Packers will pay $600,000 to the 746 identified class members, including back wages and interest, and extend at least 81 offers of employment as positions become available. Additionally, the company agreed to revise its selection process for production positions to avoid future violations of its equal employment opportunity obligations.
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 1-800-397-6251. Additional information also is available at http://www.dol.gov/ofccp.
For Immediate Release
Oct. 20, 2011
Office of Public Affairs Contact: Elizabeth Todd Juan Rodriguez
Dallas, Texas
Phone: 972-850-4710 972-850-4709
Release Number: 11-1521-DAL Email: todd.elizabeth@dol.gov rodriguez.juan@dol.gov
Federal contractor Caviness Beef Packers agrees to pay $600,000 to
applicants to resolve allegations of hiring discrimination
746 applicants in Amarillo and Hereford, Texas, affected
AMARILLO, Texas – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced that federal contractor Caviness Beef Packers Ltd., doing business as Palo Duro Meat Processing Inc. in Amarillo and Caviness Packing Co. in Hereford, has agreed to a settlement resolving findings that the company discriminated against job applicants on the bases of race and gender by rejecting them for positions at the company’s two meat processing facilities.
“The law is clear,” said OFCCP Director Patricia A. Shiu. “Discrimination will not be tolerated by employers who profit from lucrative government contracts. We are committed to protecting workers from discrimination, including the hundreds of qualified white, black, Asian and female job seekers involved in this case.”
OFCCP conducted scheduled compliance reviews of both plants, which found 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. Caviness holds contracts with the U.S. Department of Agriculture in excess of $20 million.
Under the conciliation agreement, Amarillo-based Caviness Beef Packers will pay $600,000 to the 746 identified class members, including back wages and interest, and extend at least 81 offers of employment as positions become available. Additionally, the company agreed to revise its selection process for production positions to avoid future violations of its equal employment opportunity obligations.
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 1-800-397-6251. Additional information also is available at http://www.dol.gov/ofccp.
Black Organization Joins Supreme Court Brief in Fisher v. University of Texas
The National Center for Public Policy Research
Press Release
For Release: October 20, 2011 Contact: David Almasi at (202) 543-4110 x11 or (703) 568-4727 or project21@nationalcenter.org
Black Organization Joins Supreme Court Brief in Fisher v. University of TexasGroup Joins Pacific Legal Foundation, American Civil Rights Foundation, National Association of Scholars and Center for Equal Opportunity in Seeking Clarity on Race-Based School Admissions Standards
Washington, D.C. - The black leadership network Project 21 has joined a brief to the U.S. Supreme Court in support of a case asking the Court to revisit race-based admissions standards at colleges and universities.
"What's to be decided in this latest challenge to race-based preferences is something very fundamental -- should an applicant to a college or university be rewarded or penalized simply because of the color of their skin," said Project 21 spokesman Joe R. Hicks, a former executive director of the Greater Los Angeles chapter of the Southern Christian Leadership Conference and the Los Angeles City Human Relations Commission. "The U.S. Supreme Court skirted this essential issue in 2003 when it faced the issue of racial preferences in Grutter v. Bollinger and Gratz v. Bollinger. Now, in Fisher v. University of Texas, while not frontally challenging the Court's 2003 ruling, what's being asked is that race neutral standards be applied before any pandering to 'diversity' occurs. What's factually clear is that had Abigail Fisher been black or Hispanic she would have been eagerly accepted to the University of Texas. Instead, she was rejected. No matter how you parse it, this amounts to discrimination."
Project 21 joined an amicus curiae ("friend of the court") submitted to the U.S. Supreme Court in the case of Abigail Noel Fisher v. University of Texas at Austin. The brief was written by the Pacific Legal Foundation and, in addition to Project 21, has been joined by the Center for Equal Opportunity, American Civil Rights Foundation and National Association of Scholars.
In the case of Fisher v. Texas, plaintiff Abigail Fisher, who is white, claims that racial preferences in the University of Texas at Austin enrollment process in 2008 caused her to be rejected in favor of lesser-qualified candidates who are racial minorities. Her appeal to the U.S. Supreme Court seeks to determine if UT's race-based admissions policy presents a "compelling, otherwise unsatisfied, government interest and narrow tailoring to advance their interest" as it pertains to the equal protection guarantee of the 14th Amendment to the U.S. Constitution.
Race-based admissions were outlawed in Texas in 1996 by the 5th Circuit Court of Appeals Hopwood decision. Afterward, in 1997, Texas legislators passed legislation signed by then-Governor George W. Bush that granted automatic public college and university admission to high school students in the top ten percent of their graduating classes. This law is credited with increasing black and Hispanic enrollment above pre-Hopwood levels. On June 23, 2003, however, the day the U.S. Supreme Court cited a "compelling state interest" for certain classroom diversity standards in its ruling in Grutter v. Bollinger, UT officials announced they would re-introduce racial considerations into the application process.
"Color-coded admission standards are unnecessary, and they have no role in the 21st century. Such race-based standards send the wrong message to our youth - that a person's skin color matters more than one's character and merit," said Project 21 Fellow Deneen Borelli. "Proposing special treatment to one group while denying another group access based on race is discriminatory against all parties and may lead to race-based animosity." The brief Project 21 joins states that the lower court decisions in this case conflict with previous U.S. Supreme Court interpretations because they interpret public universities as always having a compelling interest to promote "racial diversity" and are not required to give "serious, good faith consideration to less restrictive race-neutral policies."
"Review is crucial," the brief argues, "to restore meaningful limits on government's authority to discriminate based on race."
In explaining the perversion of the Court's Grutter ruling, the brief notes:
Instead of viewing Grutter as a warning to exhaust race-neutral alternatives before adopting a race-conscious admissions plan, the University of Texas viewed Grutter as a blueprint for creating race-conscious measures as a first option... The Fisher panel abandoned narrow tailoring when it ignored the need for the University to seek out race-neutral alternatives before resorting to a race-conscious admissions policy. This Court should grant review to clarify that Grutter does not sanction this race-first attitude in university admissions.
The brief points out how Proposition 209, a ballot initiative passed by California voters in 1997, which outlawed public university admissions preferences, forced schools at the elementary and high school level to offer more preparation for minority students that is credited with increasing minority university enrollment to pre-1997 levels. This non-discriminatory approach is similar to the Texas top-percent law abandoned by UT in 2003. "There is no harm in seeking diversity across our institutions of higher learning. The danger, however, is when diversity is sought and defined in terms of race only," said Project 21 spokeswoman Lisa Fritsch, who lives in Austin. "What can one person offer in terms of humanity and diversity that is race-specific? What can one race provide in terms of uniqueness that another cannot? Individual persons should be judged based on their unique set of accomplishments and achievements according to the standards set by the university irrespective of race. Otherwise, it isn't true diversity that is gained, but instead looming suspicion and an interior statement that a true academic and mental equality cannot exist between human beings. The compelling interest is to make sure we are not a society that continually says minority students are unable to meet required academic criteria and expectations that other students are deemed able and held accountable." Project 21, a leading voice of black conservatives since 1992, is sponsored by the National Center for Public Policy Research (http://www.nationalcenter.org).
-30-
http://www.nationalcenter.org/P21PR-Fisher_102011.html
Press Release
For Release: October 20, 2011 Contact: David Almasi at (202) 543-4110 x11 or (703) 568-4727 or project21@nationalcenter.org
Black Organization Joins Supreme Court Brief in Fisher v. University of TexasGroup Joins Pacific Legal Foundation, American Civil Rights Foundation, National Association of Scholars and Center for Equal Opportunity in Seeking Clarity on Race-Based School Admissions Standards
Washington, D.C. - The black leadership network Project 21 has joined a brief to the U.S. Supreme Court in support of a case asking the Court to revisit race-based admissions standards at colleges and universities.
"What's to be decided in this latest challenge to race-based preferences is something very fundamental -- should an applicant to a college or university be rewarded or penalized simply because of the color of their skin," said Project 21 spokesman Joe R. Hicks, a former executive director of the Greater Los Angeles chapter of the Southern Christian Leadership Conference and the Los Angeles City Human Relations Commission. "The U.S. Supreme Court skirted this essential issue in 2003 when it faced the issue of racial preferences in Grutter v. Bollinger and Gratz v. Bollinger. Now, in Fisher v. University of Texas, while not frontally challenging the Court's 2003 ruling, what's being asked is that race neutral standards be applied before any pandering to 'diversity' occurs. What's factually clear is that had Abigail Fisher been black or Hispanic she would have been eagerly accepted to the University of Texas. Instead, she was rejected. No matter how you parse it, this amounts to discrimination."
Project 21 joined an amicus curiae ("friend of the court") submitted to the U.S. Supreme Court in the case of Abigail Noel Fisher v. University of Texas at Austin. The brief was written by the Pacific Legal Foundation and, in addition to Project 21, has been joined by the Center for Equal Opportunity, American Civil Rights Foundation and National Association of Scholars.
In the case of Fisher v. Texas, plaintiff Abigail Fisher, who is white, claims that racial preferences in the University of Texas at Austin enrollment process in 2008 caused her to be rejected in favor of lesser-qualified candidates who are racial minorities. Her appeal to the U.S. Supreme Court seeks to determine if UT's race-based admissions policy presents a "compelling, otherwise unsatisfied, government interest and narrow tailoring to advance their interest" as it pertains to the equal protection guarantee of the 14th Amendment to the U.S. Constitution.
Race-based admissions were outlawed in Texas in 1996 by the 5th Circuit Court of Appeals Hopwood decision. Afterward, in 1997, Texas legislators passed legislation signed by then-Governor George W. Bush that granted automatic public college and university admission to high school students in the top ten percent of their graduating classes. This law is credited with increasing black and Hispanic enrollment above pre-Hopwood levels. On June 23, 2003, however, the day the U.S. Supreme Court cited a "compelling state interest" for certain classroom diversity standards in its ruling in Grutter v. Bollinger, UT officials announced they would re-introduce racial considerations into the application process.
"Color-coded admission standards are unnecessary, and they have no role in the 21st century. Such race-based standards send the wrong message to our youth - that a person's skin color matters more than one's character and merit," said Project 21 Fellow Deneen Borelli. "Proposing special treatment to one group while denying another group access based on race is discriminatory against all parties and may lead to race-based animosity." The brief Project 21 joins states that the lower court decisions in this case conflict with previous U.S. Supreme Court interpretations because they interpret public universities as always having a compelling interest to promote "racial diversity" and are not required to give "serious, good faith consideration to less restrictive race-neutral policies."
"Review is crucial," the brief argues, "to restore meaningful limits on government's authority to discriminate based on race."
In explaining the perversion of the Court's Grutter ruling, the brief notes:
Instead of viewing Grutter as a warning to exhaust race-neutral alternatives before adopting a race-conscious admissions plan, the University of Texas viewed Grutter as a blueprint for creating race-conscious measures as a first option... The Fisher panel abandoned narrow tailoring when it ignored the need for the University to seek out race-neutral alternatives before resorting to a race-conscious admissions policy. This Court should grant review to clarify that Grutter does not sanction this race-first attitude in university admissions.
The brief points out how Proposition 209, a ballot initiative passed by California voters in 1997, which outlawed public university admissions preferences, forced schools at the elementary and high school level to offer more preparation for minority students that is credited with increasing minority university enrollment to pre-1997 levels. This non-discriminatory approach is similar to the Texas top-percent law abandoned by UT in 2003. "There is no harm in seeking diversity across our institutions of higher learning. The danger, however, is when diversity is sought and defined in terms of race only," said Project 21 spokeswoman Lisa Fritsch, who lives in Austin. "What can one person offer in terms of humanity and diversity that is race-specific? What can one race provide in terms of uniqueness that another cannot? Individual persons should be judged based on their unique set of accomplishments and achievements according to the standards set by the university irrespective of race. Otherwise, it isn't true diversity that is gained, but instead looming suspicion and an interior statement that a true academic and mental equality cannot exist between human beings. The compelling interest is to make sure we are not a society that continually says minority students are unable to meet required academic criteria and expectations that other students are deemed able and held accountable." Project 21, a leading voice of black conservatives since 1992, is sponsored by the National Center for Public Policy Research (http://www.nationalcenter.org).
-30-
http://www.nationalcenter.org/P21PR-Fisher_102011.html
Wednesday, October 19, 2011
AAAA Announces New Finance Committee Chair and "EEO Tipster"
AAAA Announces a New Finance Committee Chair and EEO "Tipster"
AAAA is pleased to announce that Derry "Dean" Sparlin, Esq. has joined the AAAA Board of Directors as chair of the Finance Committee. Dean recently served as Treasurer for the AAAA 2011 Summit in Atlantic City.
Dean Sparlin is a lawyer and affirmative action consultant based in Fairfax, Virginia. He represents and advises management on employment issues, specializing in affirmative action plans and other applications of sophisticated statistical techniques to the field of employment law. In doing so, he draws upon his legal education at the College of William and Mary, a masters degree in statistics at George Mason University, and nearly 20 years of experience as a practicing attorney and affirmative action consultant.
Mr. Sparlin earned his J.D. in 1986 from the Marshall-Wythe School of Law at the College of William and Mary. While at William and Mary, he served as Managing Editor of the William and Mary Law Review and became a member of the Order of the Coif, a national honor society for top law students at select member institutions. He is a member of the bars of the Commonwealth of Virginia, the District of Columbia, and various federal courts.
Welcome Dean!
Leslie M. Solondz, Esq., has joined our group submitting EEO Tips to AAAA members. The EEO Tips, which are sent out weekly via the AAAA Listserv, provide information about EEO, affirmative action or diversity matters. The Tips are a benefit of AAAA membership.
Ms. Solondz is Senior Director, Employment Practices & Compliance, Republic Services, in Phoenix, Arizona. Prior to joining Republic Services, she was a partner in the law firm of Seyfarth Shaw LLP and worked in its Atlanta office. At Seyfarth, she devoted a considerable part of her practice to OFCCP compliance, affirmative action, pay equity and workforce diversity. Leslie is a graduate of the University of Georgia (J.D.) and Colgate University (B.A.). She is also a member of the Georgia and Tennessee bars and various federal courts. Ms. Solondz taught EEO Law for the AAAA Professional Development and Training Institute.
Welcome Leslie!
AAAA is pleased to announce that Derry "Dean" Sparlin, Esq. has joined the AAAA Board of Directors as chair of the Finance Committee. Dean recently served as Treasurer for the AAAA 2011 Summit in Atlantic City.
Dean Sparlin is a lawyer and affirmative action consultant based in Fairfax, Virginia. He represents and advises management on employment issues, specializing in affirmative action plans and other applications of sophisticated statistical techniques to the field of employment law. In doing so, he draws upon his legal education at the College of William and Mary, a masters degree in statistics at George Mason University, and nearly 20 years of experience as a practicing attorney and affirmative action consultant.
Mr. Sparlin earned his J.D. in 1986 from the Marshall-Wythe School of Law at the College of William and Mary. While at William and Mary, he served as Managing Editor of the William and Mary Law Review and became a member of the Order of the Coif, a national honor society for top law students at select member institutions. He is a member of the bars of the Commonwealth of Virginia, the District of Columbia, and various federal courts.
Welcome Dean!
Leslie M. Solondz, Esq., has joined our group submitting EEO Tips to AAAA members. The EEO Tips, which are sent out weekly via the AAAA Listserv, provide information about EEO, affirmative action or diversity matters. The Tips are a benefit of AAAA membership.
Ms. Solondz is Senior Director, Employment Practices & Compliance, Republic Services, in Phoenix, Arizona. Prior to joining Republic Services, she was a partner in the law firm of Seyfarth Shaw LLP and worked in its Atlanta office. At Seyfarth, she devoted a considerable part of her practice to OFCCP compliance, affirmative action, pay equity and workforce diversity. Leslie is a graduate of the University of Georgia (J.D.) and Colgate University (B.A.). She is also a member of the Georgia and Tennessee bars and various federal courts. Ms. Solondz taught EEO Law for the AAAA Professional Development and Training Institute.
Welcome Leslie!
Class-Based Policies Are Not a Remedy for Racial Inequality
The Chronicle of Higher Education
By Carson Byrd, Wornie Reed, and Ellington Graves
September 30, 2011
The election of Barack Obama seemed a harbinger of a postracial society, a powerful embodiment of a new, colorblind ethos, providing evidence that America had finally shed its racial baggage. For many people, the Obamas illustrated the argument that middle-class and affluent blacks had no need of race-based consideration and should be judged without regard to race.
That argument is not new, of course. The passage of legislation during and after the civil-rights era led to similar rhetoric, and recent decades have seen growing support for a class-based alternative to affirmative action in college admissions. We do not deny the injustice perpetuated by legacy admissions, nor do we dismiss the need for socioeconomic diversity in higher education. But conflating class and race will not solve the problem of racial inequality. Low socioeconomic status has not been the basis for systematic exclusion of students from higher education; race and ethnicity have.
Full Story: http://chronicle.com/article/Class-Based-Policies-Are-Not-a/129097/?sid=at&utm_source=at&utm_medium=en (Subscription)
By Carson Byrd, Wornie Reed, and Ellington Graves
September 30, 2011
The election of Barack Obama seemed a harbinger of a postracial society, a powerful embodiment of a new, colorblind ethos, providing evidence that America had finally shed its racial baggage. For many people, the Obamas illustrated the argument that middle-class and affluent blacks had no need of race-based consideration and should be judged without regard to race.
That argument is not new, of course. The passage of legislation during and after the civil-rights era led to similar rhetoric, and recent decades have seen growing support for a class-based alternative to affirmative action in college admissions. We do not deny the injustice perpetuated by legacy admissions, nor do we dismiss the need for socioeconomic diversity in higher education. But conflating class and race will not solve the problem of racial inequality. Low socioeconomic status has not been the basis for systematic exclusion of students from higher education; race and ethnicity have.
Full Story: http://chronicle.com/article/Class-Based-Policies-Are-Not-a/129097/?sid=at&utm_source=at&utm_medium=en (Subscription)
New Data from the U.S. Department of Education 2009-10 Civil Rights Data Collection Show Continuing Disparities in Educational Opportunities
U.S. Department of Education
Office for Civil Rights
June 30, 2011
Contact:
Public Affairs, (202) 401-1576, press@ed.gov
New Data from the U.S. Department of Education 2009-10 Civil Rights Data Collection Show Continuing Disparities in Educational Opportunities and Resources
Today, the U.S. Department of Education released data that cast much-needed light on disparities in educational resources and opportunities for students across the country. These data provide policymakers, educators and parents with critical information that will aid them in identifying inequities and targeting solutions to close the persistent educational achievement gap in America.
Known as the Civil Rights Data Collection (CRDC), the data released today is the first installment of a two-part biennial survey. The survey covers approximately 7,000 school districts and more than 72,000 schools, and has also been significantly enhanced and made more accessible through improved data collection, additional data indicators, and publicly-accessible online tools for data analysis. Part 2 of the CRDC is expected to be released this fall.
"To meet President Obama's goal to lead the world in college graduates by 2020, we need efficient, practical and accessible information like this to help guide our path," said U.S. Secretary of Education Arne Duncan. "These data show that far too many students are still not getting access to the kinds of classes, resources and opportunities they need to be successful."
The data released in Part 1 today includes information on: access to the rigorous sequence of college and career-ready math and science courses, the number of first and second-year teachers in schools, the number of high school counselors in schools, availability of pre-K and kindergarten programs, districts operating under desegregation orders or plans, and whether districts have written policies prohibiting harassment and bullying on the basis of race, color, national origin, sex, or disability.
Within the 7,000 sampled school districts:
3,000 schools serving nearly 500,000 high school students offer no algebra 2 classes, and more than 2 million students in about 7,300 schools had no access to calculus classes.
Schools serving mostly African-American students are twice as likely to have teachers with one or two years of experience than are schools within the same district that serve mostly White students.
Only 2 percent of the students with disabilities are taking at least one Advanced Placement class.
Students with limited English proficiency make up 6 percent of the high school population (in grades 9-12), but are 15 percent of the students for whom algebra is the highest-level math course taken by the final year of their high school career.
Only 22 percent of local education agencies (LEAs) reported that they operated pre-k programs targeting children from low-income families.
Girls are underrepresented in physics, while boys are underrepresented in algebra II.
Full News Release: http://www.ed.gov/news/press-releases/new-data-us-department-education-2009-10-civil-rights-data-collection-show-conti
Office for Civil Rights
June 30, 2011
Contact:
Public Affairs, (202) 401-1576, press@ed.gov
New Data from the U.S. Department of Education 2009-10 Civil Rights Data Collection Show Continuing Disparities in Educational Opportunities and Resources
Today, the U.S. Department of Education released data that cast much-needed light on disparities in educational resources and opportunities for students across the country. These data provide policymakers, educators and parents with critical information that will aid them in identifying inequities and targeting solutions to close the persistent educational achievement gap in America.
Known as the Civil Rights Data Collection (CRDC), the data released today is the first installment of a two-part biennial survey. The survey covers approximately 7,000 school districts and more than 72,000 schools, and has also been significantly enhanced and made more accessible through improved data collection, additional data indicators, and publicly-accessible online tools for data analysis. Part 2 of the CRDC is expected to be released this fall.
"To meet President Obama's goal to lead the world in college graduates by 2020, we need efficient, practical and accessible information like this to help guide our path," said U.S. Secretary of Education Arne Duncan. "These data show that far too many students are still not getting access to the kinds of classes, resources and opportunities they need to be successful."
The data released in Part 1 today includes information on: access to the rigorous sequence of college and career-ready math and science courses, the number of first and second-year teachers in schools, the number of high school counselors in schools, availability of pre-K and kindergarten programs, districts operating under desegregation orders or plans, and whether districts have written policies prohibiting harassment and bullying on the basis of race, color, national origin, sex, or disability.
Within the 7,000 sampled school districts:
3,000 schools serving nearly 500,000 high school students offer no algebra 2 classes, and more than 2 million students in about 7,300 schools had no access to calculus classes.
Schools serving mostly African-American students are twice as likely to have teachers with one or two years of experience than are schools within the same district that serve mostly White students.
Only 2 percent of the students with disabilities are taking at least one Advanced Placement class.
Students with limited English proficiency make up 6 percent of the high school population (in grades 9-12), but are 15 percent of the students for whom algebra is the highest-level math course taken by the final year of their high school career.
Only 22 percent of local education agencies (LEAs) reported that they operated pre-k programs targeting children from low-income families.
Girls are underrepresented in physics, while boys are underrepresented in algebra II.
Full News Release: http://www.ed.gov/news/press-releases/new-data-us-department-education-2009-10-civil-rights-data-collection-show-conti
An example of the expanded definition of "disability" under the ADAAA
Lexology.com
Bond Schoeneck & King
Kerry W. Langan
USA
October 11 2011
We all anticipated that the Americans with Disabilities Amendments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the Act. Earlier this year, the EEOC provided us with an example of how the ADAAA may do so when it issued an informal discussion letter noting that it will now be easier for individuals with paruresis – commonly known as “shy bladder syndrome” – to meet the statutorily revised definition of a disability. This informal discussion letter is a clear reminder that employers should not make assumptions about whether a particular condition qualifies as a disability.
Full Story: http://www.lexology.com/library/detail.aspx?g=51a65ec6-0bcf-44b6-8ebb-1ed9fc66a707&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-18&utm_term=
Bond Schoeneck & King
Kerry W. Langan
USA
October 11 2011
We all anticipated that the Americans with Disabilities Amendments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the Act. Earlier this year, the EEOC provided us with an example of how the ADAAA may do so when it issued an informal discussion letter noting that it will now be easier for individuals with paruresis – commonly known as “shy bladder syndrome” – to meet the statutorily revised definition of a disability. This informal discussion letter is a clear reminder that employers should not make assumptions about whether a particular condition qualifies as a disability.
Full Story: http://www.lexology.com/library/detail.aspx?g=51a65ec6-0bcf-44b6-8ebb-1ed9fc66a707&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-18&utm_term=
Hiring People with Disabilities
The White House
Office of Public Engagement
Posted by John Berry on October 14, 2011 at 06:52 PM EDT
The Tony Coelho Award recognizes commitment and action to employ people with disabilities– in every available position. I was honored to accept this year’s award on behalf of OPM this past Wednesday. It reflects our work towards OPM’s simple goal: Hire the best.
At least two of our presidents, Franklin Delano Roosevelt and Abraham Lincoln, lived with disabilities. First-hand accounts tell us that President Lincoln experienced depression. From his wheelchair, President Roosevelt led America through a Great Depression and a World War.
The American people hired the best in those two cases, and we need to do more of that today. We need to tap into the creativity, the determination, and the smart minds in the disability community.
That’s why President Obama set the goal of the federal government being a model employer of people with disabilities. That’s why I set a goal at OPM that 10% of our hires should be people with disabilities – a goal we surpassed in 2011, with 11.2%. We’ve doubled our hiring among those with targeted disabilities, and we’re striving to hit our goal of making them 3% of our hires.
I see qualified people who are unacceptably underutilized even though they are willing and able to work and there are jobs they can excel at. This is unacceptable for all of us, because our nation will only continue to succeed if we leave no talent pool idle and untapped.
What didn’t stop Lincoln from reuniting our country shouldn’t stop anyone today from working as a defense civilian to continue protecting America.
What didn’t stop Roosevelt from fighting poverty and disease as President shouldn’t stop anyone from working at NIH to search for cures.
Remember, any of us could join this community in an instant.
While most people would fear such a change, the example of leaders like Dan Inouye in the Senate, Jim Langevin in the House of Representatives, and countless others shows that we should not.
Their service enriches our nation, and serves as a model to us all. Their example shows that you can live with a disability and make profound and lasting contributions to your neighbors, your community, and your country.
John Berry is the Director for the Office of Personnel Management
http://www.whitehouse.gov/blog/2011/10/14/hiring-people-disabilities
Office of Public Engagement
Posted by John Berry on October 14, 2011 at 06:52 PM EDT
The Tony Coelho Award recognizes commitment and action to employ people with disabilities– in every available position. I was honored to accept this year’s award on behalf of OPM this past Wednesday. It reflects our work towards OPM’s simple goal: Hire the best.
At least two of our presidents, Franklin Delano Roosevelt and Abraham Lincoln, lived with disabilities. First-hand accounts tell us that President Lincoln experienced depression. From his wheelchair, President Roosevelt led America through a Great Depression and a World War.
The American people hired the best in those two cases, and we need to do more of that today. We need to tap into the creativity, the determination, and the smart minds in the disability community.
That’s why President Obama set the goal of the federal government being a model employer of people with disabilities. That’s why I set a goal at OPM that 10% of our hires should be people with disabilities – a goal we surpassed in 2011, with 11.2%. We’ve doubled our hiring among those with targeted disabilities, and we’re striving to hit our goal of making them 3% of our hires.
I see qualified people who are unacceptably underutilized even though they are willing and able to work and there are jobs they can excel at. This is unacceptable for all of us, because our nation will only continue to succeed if we leave no talent pool idle and untapped.
What didn’t stop Lincoln from reuniting our country shouldn’t stop anyone today from working as a defense civilian to continue protecting America.
What didn’t stop Roosevelt from fighting poverty and disease as President shouldn’t stop anyone from working at NIH to search for cures.
Remember, any of us could join this community in an instant.
While most people would fear such a change, the example of leaders like Dan Inouye in the Senate, Jim Langevin in the House of Representatives, and countless others shows that we should not.
Their service enriches our nation, and serves as a model to us all. Their example shows that you can live with a disability and make profound and lasting contributions to your neighbors, your community, and your country.
John Berry is the Director for the Office of Personnel Management
http://www.whitehouse.gov/blog/2011/10/14/hiring-people-disabilities
American Laser Centers To Pay $125,000 To Settle Sexual Harassment And Retaliation Suit By EEOC
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
10-11-11
Nation’s Largest Laser Hair Removal Company Allowed Harassment of Female Staff in Fresno and Fired Manager Who Complained, Federal Agency Charged
FRESNO, Calif. – American Laser Centers (ALC), the largest laser hair removal company in the U.S., will pay $125,000 and furnish other relief to settle claims of sexual harassment and retaliation at its site in Fresno, Calif., resolving a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the original lawsuit, female staff at the company’s clinic in Fresno charged that they were sexually harassed since at least 2006 by the landlord for the facility in question. The women, including a clinic manager, faced frequent harassment which included leering, unwelcome touching, sexual advances and appearances in their work area by the visibly aroused landlord The harassment got to the point where one female employee felt compelled to bring her brother to work as a measure of protection.
The clinic manager and others reported the harassment to ALC district management in 2006, expressing fear of working with the landlord. The women’s fears were met with a superficial internal investigation with no finding of wrongdoing on the part the landlord and continued exposure to their feared harasser. The female clinic manager was fired just a week and a half after reporting the misconduct.
The EEOC originally filed suit in January 2010 in the U.S. District Court, Eastern District of California (EEOC v. American Laser Centers LLC, Case No. 1:09-CV-02247-AWI-DLB), arguing that the company’s failure to appropriately address the harassment of all the women, and the retaliatory discharge suffered by the manager who complained, violates Title VII of the Civil Rights Act of 1964. Title VII also prohibits employers from permitting third parties to harass their employees. A three-year consent decree reached by both parties effectively settles the suit for $125,000 in backpay and compensatory damages for distress suffered by the four female targets.
The consent decree also calls for injunctive relief to correct and prevent future instances of harassment, discrimination and retaliation at American Laser Center clinics in and around the company’s bay area region, which encompasses Fresno, Calif. Requirements include implementing anti-harassment and anti-retaliation policies and complaint procedures; annual compliance training for staff; designation of an internal EEO officer; holding managers accountable for engaging in such misconduct; posting an EEOC notice on the matter; and, reports on the handling of such complaints to the EEOC.
“We encourage employers to be vigilant about addressing complaints of harassment by third parties as well as employees,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Fresno in its jurisdiction. “Proactive action is important to prevent liability.”
Melissa Barrios, director of the EEOC’s Fresno Local Office, added, “Workers absolutely have the legal right to report harassment or discrimination suffered at work without repercussion. Employers who encourage such open communication can tackle civil rights abuses earlier on, thereby creating a more harmonious workplace and minimizing liability.”
According to its website, American Laser Centers is the nation’s largest and leading provider of laser-based skincare services, including laser hair removal, cellulite reduction and skin rejuvenation treatments. The company began operations in 2002 and currently operates over 150 clinics nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-11-11.cfm
PRESS RELEASE
10-11-11
Nation’s Largest Laser Hair Removal Company Allowed Harassment of Female Staff in Fresno and Fired Manager Who Complained, Federal Agency Charged
FRESNO, Calif. – American Laser Centers (ALC), the largest laser hair removal company in the U.S., will pay $125,000 and furnish other relief to settle claims of sexual harassment and retaliation at its site in Fresno, Calif., resolving a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the original lawsuit, female staff at the company’s clinic in Fresno charged that they were sexually harassed since at least 2006 by the landlord for the facility in question. The women, including a clinic manager, faced frequent harassment which included leering, unwelcome touching, sexual advances and appearances in their work area by the visibly aroused landlord The harassment got to the point where one female employee felt compelled to bring her brother to work as a measure of protection.
The clinic manager and others reported the harassment to ALC district management in 2006, expressing fear of working with the landlord. The women’s fears were met with a superficial internal investigation with no finding of wrongdoing on the part the landlord and continued exposure to their feared harasser. The female clinic manager was fired just a week and a half after reporting the misconduct.
The EEOC originally filed suit in January 2010 in the U.S. District Court, Eastern District of California (EEOC v. American Laser Centers LLC, Case No. 1:09-CV-02247-AWI-DLB), arguing that the company’s failure to appropriately address the harassment of all the women, and the retaliatory discharge suffered by the manager who complained, violates Title VII of the Civil Rights Act of 1964. Title VII also prohibits employers from permitting third parties to harass their employees. A three-year consent decree reached by both parties effectively settles the suit for $125,000 in backpay and compensatory damages for distress suffered by the four female targets.
The consent decree also calls for injunctive relief to correct and prevent future instances of harassment, discrimination and retaliation at American Laser Center clinics in and around the company’s bay area region, which encompasses Fresno, Calif. Requirements include implementing anti-harassment and anti-retaliation policies and complaint procedures; annual compliance training for staff; designation of an internal EEO officer; holding managers accountable for engaging in such misconduct; posting an EEOC notice on the matter; and, reports on the handling of such complaints to the EEOC.
“We encourage employers to be vigilant about addressing complaints of harassment by third parties as well as employees,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Fresno in its jurisdiction. “Proactive action is important to prevent liability.”
Melissa Barrios, director of the EEOC’s Fresno Local Office, added, “Workers absolutely have the legal right to report harassment or discrimination suffered at work without repercussion. Employers who encourage such open communication can tackle civil rights abuses earlier on, thereby creating a more harmonious workplace and minimizing liability.”
According to its website, American Laser Centers is the nation’s largest and leading provider of laser-based skincare services, including laser hair removal, cellulite reduction and skin rejuvenation treatments. The company began operations in 2002 and currently operates over 150 clinics nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-11-11.cfm
Thomasville City Schools Settle EEOC Age Discrimination Suit
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
10-13-11
Federal Agency Obtains $25,000 for School Teacher Who Was Denied Promotion to Assistant Principal Due to Her Age
GREENSBORO, N.C. – Thomasville City Schools in Thomasville, N.C., will pay $25,000 and furnish other relief to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The settlement resolves the EEOC’s lawsuit charging that in 2007 and 2008 the school system failed to hire Arlene Lent for two assistant principal positions because of her age (54 at the time). Instead, the EEOC said, the system selected two younger, less qualified candidates. The EEOC’s lawsuit alleged that Lent met all of the minimum qualifications for the positions, while neither of the younger candidates who were selected did. At the time of the decision, Lent was a teacher in the same school district, had earned her North Carolina principal’s license and had 16 years of experience in education. Lent continues to teach in the school district.
Age discrimination violates the Age Discrimination in Employment Act (ADEA), which protects individuals aged 40 and older from employment discrimination.
In addition to paying $25,000 in monetary damages to Lent, the three-year consent decree resolving the case (EEOC v. Thomasville City Schools, Civil Action No. 1:10-CV-00686 filed in the Middle District of North Carolina), includes injunctive relief enjoining Thomasville City Schools from engaging in further discriminatory acts on the basis of age, provides for training on preventing age discrimination in hiring, and requires that the school system report information about its hiring practices to the EEOC.
“We are pleased that the EEOC was able to resolve this case,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “As the U.S. work force, populated significantly by baby boomers, continues to grow older, it’s even more important that employers ensure that their hiring decisions do not discriminate on the basis of age.”
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-13-11.cfm
PRESS RELEASE
10-13-11
Federal Agency Obtains $25,000 for School Teacher Who Was Denied Promotion to Assistant Principal Due to Her Age
GREENSBORO, N.C. – Thomasville City Schools in Thomasville, N.C., will pay $25,000 and furnish other relief to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The settlement resolves the EEOC’s lawsuit charging that in 2007 and 2008 the school system failed to hire Arlene Lent for two assistant principal positions because of her age (54 at the time). Instead, the EEOC said, the system selected two younger, less qualified candidates. The EEOC’s lawsuit alleged that Lent met all of the minimum qualifications for the positions, while neither of the younger candidates who were selected did. At the time of the decision, Lent was a teacher in the same school district, had earned her North Carolina principal’s license and had 16 years of experience in education. Lent continues to teach in the school district.
Age discrimination violates the Age Discrimination in Employment Act (ADEA), which protects individuals aged 40 and older from employment discrimination.
In addition to paying $25,000 in monetary damages to Lent, the three-year consent decree resolving the case (EEOC v. Thomasville City Schools, Civil Action No. 1:10-CV-00686 filed in the Middle District of North Carolina), includes injunctive relief enjoining Thomasville City Schools from engaging in further discriminatory acts on the basis of age, provides for training on preventing age discrimination in hiring, and requires that the school system report information about its hiring practices to the EEOC.
“We are pleased that the EEOC was able to resolve this case,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “As the U.S. work force, populated significantly by baby boomers, continues to grow older, it’s even more important that employers ensure that their hiring decisions do not discriminate on the basis of age.”
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/10-13-11.cfm
Credit checks in California now tougher than ever
Lexology.com
Fisher & Phillips LLP
USA
October 12 2011
Effective January 1, 2012, California employers will have to avoid yet another potential legal hazard that haunts businesses with the threat of costly penalties: the unauthorized use of consumer credit reports regarding job applicants and current employees.
Currently, pursuant to the California Consumer Credit Reporting Agencies Act, employers can request a consumer credit report (i.e., a report obtained from a consumer credit-reporting agency bearing on an individual's credit worthiness, credit standing, or credit capacity) for purposes of evaluating an applicant or employee for employment, reassignment, or retention. But starting next year a valid reason for obtaining a consumer credit report should be viewed as being the exception rather than the rule.
Full Story: http://www.lexology.com/library/detail.aspx?g=e6149caa-f2a6-42f7-9b69-f399188bfe96&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-19&utm_term=
Fisher & Phillips LLP
USA
October 12 2011
Effective January 1, 2012, California employers will have to avoid yet another potential legal hazard that haunts businesses with the threat of costly penalties: the unauthorized use of consumer credit reports regarding job applicants and current employees.
Currently, pursuant to the California Consumer Credit Reporting Agencies Act, employers can request a consumer credit report (i.e., a report obtained from a consumer credit-reporting agency bearing on an individual's credit worthiness, credit standing, or credit capacity) for purposes of evaluating an applicant or employee for employment, reassignment, or retention. But starting next year a valid reason for obtaining a consumer credit report should be viewed as being the exception rather than the rule.
Full Story: http://www.lexology.com/library/detail.aspx?g=e6149caa-f2a6-42f7-9b69-f399188bfe96&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-19&utm_term=
Second Circuit finds that employers may be obligated to accommodate a disabled employee's commute
Lexology.com
Sheppard Mullin Richter & Hampton LLP
James R. Hays and Jonathan Sokolowski
USA
October 11 2011
The Second Circuit Court of Appeals has held that under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act, employers may be required to assist disabled employees with their commute.
In Nixon-Tinkelman v. N.Y. City Dep’t of Health & Mental Hygiene, No. 10-3317-cv, 2011 U.S. App. LEXIS 16569 (2d Cir. N.Y. Aug. 10, 2011), plaintiff Barbara Nixon-Tinkelman (“Plaintiff”), who has cancer, heart problems, asthma, and is hearing impaired, brought suit under the ADA and the Rehabilitation Act alleging that the New York City Department of Health & Mental Hygiene (“Defendant” or “DOHMH”) failed to reasonably accommodate her disability. Specifically, following her transfer from Queens to Manhattan, Plaintiff requested that DOHMH accommodate her commute by transferring her back to an office location closer to her home in Queens. DOHMH ultimately denied Plaintiff’s request.
Full Story: http://www.lexology.com/library/detail.aspx?g=147306f6-6864-4a6c-aa33-83acff69f85e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-19&utm_term=
Sheppard Mullin Richter & Hampton LLP
James R. Hays and Jonathan Sokolowski
USA
October 11 2011
The Second Circuit Court of Appeals has held that under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act, employers may be required to assist disabled employees with their commute.
In Nixon-Tinkelman v. N.Y. City Dep’t of Health & Mental Hygiene, No. 10-3317-cv, 2011 U.S. App. LEXIS 16569 (2d Cir. N.Y. Aug. 10, 2011), plaintiff Barbara Nixon-Tinkelman (“Plaintiff”), who has cancer, heart problems, asthma, and is hearing impaired, brought suit under the ADA and the Rehabilitation Act alleging that the New York City Department of Health & Mental Hygiene (“Defendant” or “DOHMH”) failed to reasonably accommodate her disability. Specifically, following her transfer from Queens to Manhattan, Plaintiff requested that DOHMH accommodate her commute by transferring her back to an office location closer to her home in Queens. DOHMH ultimately denied Plaintiff’s request.
Full Story: http://www.lexology.com/library/detail.aspx?g=147306f6-6864-4a6c-aa33-83acff69f85e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-19&utm_term=
EEOC threatens furloughs for employees
Government Executive
By Emily Long elong@govexec.com October 11, 2011
Equal Employment Opportunity Commission employees could be facing furloughs thanks to proposed cuts in the agency's fiscal 2012 budget.
In an email to staff late last month, EEOC Chairwoman Jacqueline Berrien wrote that a drop in funding could force the agency to consider furloughs for its nearly 1,800 workers. The current continuing resolution cuts EEOC's budget by $5.5 million. In fiscal 2012 spending bills passed earlier this year, House lawmakers kept the agency's budget frozen at $367 million for fiscal 2012, but Senate appropriators recommended a $7 million drop in funding for EEOC salaries and expenses.
Full Story: http://www.govexec.com/story_page.cfm?articleid=49034&oref=todaysnews
By Emily Long elong@govexec.com October 11, 2011
Equal Employment Opportunity Commission employees could be facing furloughs thanks to proposed cuts in the agency's fiscal 2012 budget.
In an email to staff late last month, EEOC Chairwoman Jacqueline Berrien wrote that a drop in funding could force the agency to consider furloughs for its nearly 1,800 workers. The current continuing resolution cuts EEOC's budget by $5.5 million. In fiscal 2012 spending bills passed earlier this year, House lawmakers kept the agency's budget frozen at $367 million for fiscal 2012, but Senate appropriators recommended a $7 million drop in funding for EEOC salaries and expenses.
Full Story: http://www.govexec.com/story_page.cfm?articleid=49034&oref=todaysnews
Best Practices for Diversity Training
Workforce Management
By Todd Henneman
September 12, 2011
Here are five of the best practices based on research and companies' experiences.
• Communicate an individual business case. During the past decade, developing a business case for diversity has become a standard practice within companies. However, organizations also should communicate what Villanova University management professor Quinetta Roberson calls an individual business case. “People want to know, ‘What's in it for me?' ” says Roberson, who studies strategic diversity management.
Full Story: http://www.workforce.com/article/20110912/TOOLS/308129991/best-practices-for-diversity-training
By Todd Henneman
September 12, 2011
Here are five of the best practices based on research and companies' experiences.
• Communicate an individual business case. During the past decade, developing a business case for diversity has become a standard practice within companies. However, organizations also should communicate what Villanova University management professor Quinetta Roberson calls an individual business case. “People want to know, ‘What's in it for me?' ” says Roberson, who studies strategic diversity management.
Full Story: http://www.workforce.com/article/20110912/TOOLS/308129991/best-practices-for-diversity-training
Racist Protest Crosses Satirical Line
The Guardian
UC San Diego
Monday October 03, 2011 - 10:58AM
College Republicans at the University of California at Berkeley held an inherently racist bake sale last Tuesday, where priced baked goods were sold at different prices for different ethnicities.
The primary purpose was to mock Senate Bill 185, a bill that would allow California’s university systems to consider gender, race and ethnicity in admission decisions. While the bill is undoubtedly contentious, the bake sale’s intended racism went over the top, muddling the organizer’s intended message of promoting critical thought. SB 185’s attempt to increase diversity in California’s university systems is an obvious subject of debate. But simplifying the concept of affirmative action into a bake sale with differential pricing is not comparable to the issue at hand. The mission of SB 185 — which is surely debatable — is to make the student bodies of California state universities more representative of the state’s population in terms of gender, race and ethnicity — not to charge students varying tuition prices or to impose value judgments on others.
Full Story: http://www.ucsdguardian.org/component/k2/item/24984-quick-takes-uc-berkeleys-affirmative-action-bake-sale
UC San Diego
Monday October 03, 2011 - 10:58AM
College Republicans at the University of California at Berkeley held an inherently racist bake sale last Tuesday, where priced baked goods were sold at different prices for different ethnicities.
The primary purpose was to mock Senate Bill 185, a bill that would allow California’s university systems to consider gender, race and ethnicity in admission decisions. While the bill is undoubtedly contentious, the bake sale’s intended racism went over the top, muddling the organizer’s intended message of promoting critical thought. SB 185’s attempt to increase diversity in California’s university systems is an obvious subject of debate. But simplifying the concept of affirmative action into a bake sale with differential pricing is not comparable to the issue at hand. The mission of SB 185 — which is surely debatable — is to make the student bodies of California state universities more representative of the state’s population in terms of gender, race and ethnicity — not to charge students varying tuition prices or to impose value judgments on others.
Full Story: http://www.ucsdguardian.org/component/k2/item/24984-quick-takes-uc-berkeleys-affirmative-action-bake-sale
Dispelling Myths About Affirmative Action
The Huffington Post
Christine Bork
CEO, YWCA Metropolitan Chicago
10/3/11 03:24 PM ET
Over the last decade, the term "affirmative action" has become more controversial than the actual racial and gender inequities it was originally designed to address. However, regardless of your feelings about the term, the fact remains that women and people of color have yet to achieve the type of equality many others have in our society. Solutions need to be developed to address this issue, and affirmative action does play a role.
Full Story: http://www.huffingtonpost.com/christine-bork/dispelling-myths-about-af_b_989553.html
Christine Bork
CEO, YWCA Metropolitan Chicago
10/3/11 03:24 PM ET
Over the last decade, the term "affirmative action" has become more controversial than the actual racial and gender inequities it was originally designed to address. However, regardless of your feelings about the term, the fact remains that women and people of color have yet to achieve the type of equality many others have in our society. Solutions need to be developed to address this issue, and affirmative action does play a role.
Full Story: http://www.huffingtonpost.com/christine-bork/dispelling-myths-about-af_b_989553.html
Michael Steele’s Exclusive Q&A with Kam Williams
EURWeb.com
October 12, 2011 By EurPublisher
KW: Reverend Florine Thompson asks: What is you [sic] position on Affirmative Action?
MS: I’m in favor of Affirmative Action. We created Affirmative Action. It was one of the economic tools that the Nixon Administration put in place to make sure that African-Americans enjoyed fairer treatment in landing federal and state contracts. Yet today, many think of it as something Democrats created. No, it was something we created, because it was consistent with our view of economic empowerment. It wasn’t a handout but a way of leveling the playing field. As I like to say, I’m an Affirmative Action baby.
Full Story: http://www.eurweb.com/2011/10/michael-steeles-exclusive-qa-with-kam-williams/
October 12, 2011 By EurPublisher
KW: Reverend Florine Thompson asks: What is you [sic] position on Affirmative Action?
MS: I’m in favor of Affirmative Action. We created Affirmative Action. It was one of the economic tools that the Nixon Administration put in place to make sure that African-Americans enjoyed fairer treatment in landing federal and state contracts. Yet today, many think of it as something Democrats created. No, it was something we created, because it was consistent with our view of economic empowerment. It wasn’t a handout but a way of leveling the playing field. As I like to say, I’m an Affirmative Action baby.
Full Story: http://www.eurweb.com/2011/10/michael-steeles-exclusive-qa-with-kam-williams/
Turks in Germany encouraged as gov’t promotes affirmative action in job market
Today's Zaman
16 October 2011, Sunday / ERGİN HAVA , İSTANBUL
Following years of problems integrating into the German labor market, Turks in Germany -- particularly the youths –- are now happy to see that the government encourages companies to apply positive discrimination for immigrants when hiring new people, Aynur Boldaz, the owner of one of Germany’s most successful Turkish-owned firms, Forever Clean GmbH, tells Sunday’s Zaman.
Full Story: http://www.todayszaman.com/news-259988-turks-in-germany-encouraged-as-govt-promotes-affirmative-action-in-job-market.html
16 October 2011, Sunday / ERGİN HAVA , İSTANBUL
Following years of problems integrating into the German labor market, Turks in Germany -- particularly the youths –- are now happy to see that the government encourages companies to apply positive discrimination for immigrants when hiring new people, Aynur Boldaz, the owner of one of Germany’s most successful Turkish-owned firms, Forever Clean GmbH, tells Sunday’s Zaman.
Full Story: http://www.todayszaman.com/news-259988-turks-in-germany-encouraged-as-govt-promotes-affirmative-action-in-job-market.html
A 3rd Path on Affirmative Action?
The Chronicle of Higher Education
October 17, 2011, 2:53 pm
By Richard Kahlenberg
Sunday’s New York Times featured an important article by Supreme Court reporter Adam Liptak, entitled, “College Diversity Nears Its Last Stand.” In the piece, Liptak notes that experts think the U.S. Supreme Court will probably accept a challenge to racial affirmative action at the University of Texas at Austin. The article furthermore suggests that if the Court takes the case, there may be five votes to strike down racial preferences bringing about “the end of affirmative action at public universities.”
Full Story: http://chronicle.com/blogs/innovations/a-third-path-on-affirmative-action/30606
October 17, 2011, 2:53 pm
By Richard Kahlenberg
Sunday’s New York Times featured an important article by Supreme Court reporter Adam Liptak, entitled, “College Diversity Nears Its Last Stand.” In the piece, Liptak notes that experts think the U.S. Supreme Court will probably accept a challenge to racial affirmative action at the University of Texas at Austin. The article furthermore suggests that if the Court takes the case, there may be five votes to strike down racial preferences bringing about “the end of affirmative action at public universities.”
Full Story: http://chronicle.com/blogs/innovations/a-third-path-on-affirmative-action/30606
College Diversity Nears Its Last Stand
The New York Times
Sunday Review
By ADAM LIPTAK
Published: October 15, 2011
Adam Liptak is the Supreme Court correspondent for The New York Times.
Washington
ABIGAIL FISHER, a white student, says she was denied admission to the University of Texas because of her race. She sued in Federal District Court in Austin, causing Judge Sam Sparks to spend time trying to make sense of a 2003 Supreme Court decision allowing racial preferences in higher education. “I’ve read it till I’m blue in the face,” Judge Sparks said in an early hearing in Ms. Fisher’s lawsuit. But the meaning of the central concept in the decision — “this esoteric critical mass of diversity of students,” he called it — kept eluding him.
Full Story: http://www.nytimes.com/2011/10/16/sunday-review/college-diversity-nears-its-last-stand.html?_r=1
Sunday Review
By ADAM LIPTAK
Published: October 15, 2011
Adam Liptak is the Supreme Court correspondent for The New York Times.
Washington
ABIGAIL FISHER, a white student, says she was denied admission to the University of Texas because of her race. She sued in Federal District Court in Austin, causing Judge Sam Sparks to spend time trying to make sense of a 2003 Supreme Court decision allowing racial preferences in higher education. “I’ve read it till I’m blue in the face,” Judge Sparks said in an early hearing in Ms. Fisher’s lawsuit. But the meaning of the central concept in the decision — “this esoteric critical mass of diversity of students,” he called it — kept eluding him.
Full Story: http://www.nytimes.com/2011/10/16/sunday-review/college-diversity-nears-its-last-stand.html?_r=1
Germany firms ‘volunteer’ for gender quotas before being forced
FullComment/National Post.com
Oct 17, 2011 – 1:12 PM ET
Germany looks to be heading firmly down the road to affirmative action for women. German corporations, fearing they’ll be forced to meet quotas for women executives, are working towards “voluntary” measures instead.
Speigel online reports:
Representatives of the 30 firms that comprise Germany’s DAX stock index of blue-chip companies met in Berlin on Monday to propose their targets for promoting women into senior executive positions. Under the proposal, the companies plan to voluntarily increase the number of women on their top floors — reaching up to 35 percent by 2020.
With this, the companies are seeking to avoid legislation that might legally force them to address the gender gap, a problem that has become the subject of increasing political pressure in recent months.
Full Story: http://fullcomment.nationalpost.com/2011/10/17/germany-firms-volunteer-for-gender-quotas-before-being-forced/
Oct 17, 2011 – 1:12 PM ET
Germany looks to be heading firmly down the road to affirmative action for women. German corporations, fearing they’ll be forced to meet quotas for women executives, are working towards “voluntary” measures instead.
Speigel online reports:
Representatives of the 30 firms that comprise Germany’s DAX stock index of blue-chip companies met in Berlin on Monday to propose their targets for promoting women into senior executive positions. Under the proposal, the companies plan to voluntarily increase the number of women on their top floors — reaching up to 35 percent by 2020.
With this, the companies are seeking to avoid legislation that might legally force them to address the gender gap, a problem that has become the subject of increasing political pressure in recent months.
Full Story: http://fullcomment.nationalpost.com/2011/10/17/germany-firms-volunteer-for-gender-quotas-before-being-forced/
Tuesday, October 11, 2011
AAAA President's Corner
Dear Colleagues:
Recently I was contacted by the NAACP president of Wilmington, Delaware regarding its Annual Freedom Fund and Awards Dinner scheduled for November 20, 2011. I was pleasantly surprised to be told that I have been selected to receive an award for my professional and volunteer work in affirmative action and diversity in the workplace. Since the notification, I have looked back over my life reflecting upon where I came from and how rewarding my public service life has been.
I grew up in a public
housing project raised with my 7 siblings by our mother who had a 10th
grade education. My mother, now 83 years
of age is proud that 4 of her 8 children have college degrees. All 4 attended college part time as adults with
full time jobs.
As I have been reflecting on
my life, I looked around my home and work office to view newspaper articles,
awards and recognitions from organizations such as the Delaware King Memorial
Foundation, United Way of Delaware, Latin American Community Center, National
Association of University Women, National Conference of Christians and Jews, Governor
of the State of Delaware, Delaware State House of Representatives, New Castle
County Council, City of Wilmington Mayor’s Office, Delaware Republican
Committee and the list goes on.
In retrospect, my whole life
has been about connecting with people from diverse stations in life regardless
of social, economic or political affiliation.
What has made things possible for this kid from the inner city streets,
is a desire to be open about my motives, be respective and understanding of
other people and their perspectives, non egotistical and not banking my success
on impeding progress of others.
Now for those of you reading
this writing, you are probably wondering why I am sharing this personal
story. Well, that’s a good question. The answer is, just think how much further
along the American society would be if we spent more time genuinely getting to
know, understand and appreciating other people, their concerns and challenges,
as well as the talents they bring to a given situation to make a positive
difference. Wow!
Had the UC Berkeley College
Republicans been raised, taught and mentored to understand that America’s
national economy and global political leadership is the direct result of the
hard work and labor of enslaved people? Perhaps they would accept and
appreciate the need for continued equal opportunity programs stemming from the
1964 Civil Rights Act. Instead, they orchestrated a recent bake
sale pricing goods based on the buyer's race, gender and ethnicity,
ranging from $2 for white people to 25 cents for Native Americans. Women were offered
a 25-cent discount. This was their way of opposing California State
Bill 185 allowing UC “to consider race,
gender, ethnicity and national origin, along with other relevant factors, in
undergraduate and graduate admissions.”
Making a mockery of equal
opportunity tools such as affirmative action on the part of some of our
Country’s best and brightest is not only disheartening in this day and time, it
perpetuates discrimination and reinforces the need for affirmative
action programs and diversity initiatives.
Gregory T. Chambers
Monday, October 10, 2011
Derrick Bell, Law Professor and Rights Advocate, Dies at 80
The New York Times
Full Story: http://www.nytimes.com/2011/10/06/us/derrick-bell-pioneering-harvard-law-professor-dies-at-80.html?_r=1&scp=1&sq=professor%20bell%20and%20civil%20rights&st=cse
By FRED A. BERNSTEIN
Published: October 6, 2011
Derrick Bell, a legal scholar who saw persistent racism in America and sought to expose it through books, articles and provocative career moves — he gave up a Harvard Law School professorship to protest the school’s hiring practices — died on Wednesday in Manhattan. He was 80 and lived on the Upper West Side.
The cause was carcinoid cancer, his wife, Janet Dewart Bell, said.
Mr. Bell was the first tenured black professor at Harvard Law School and later one of the first black deans of a law school that was not historically black. But he was perhaps better known for resigning from prestigious jobs than for accepting them. Legal issues surrounding social media background checks
Lexology.com
Sheppard Mullin
Michelle Sherman
October 3, 2011
Agatha Christie had a novel take on invention being the mother of necessity. She disagreed and said, “[I]nvention, in my opinion, arises directly from idleness, possibly also from laziness. To save oneself trouble.” She may have been onto something when you think about businesses that are turning to outside vendors to research employees and job candidates for them. Whether or not these outside vendors are the best solution, however, remains to be seen.
1. Companies Should Have An Internal Procedure For Researching Job Candidates And Employees On The Internet
We recommended earlier this year that businesses establish an internal procedure for making employment decisions based on Internet research, so they would not run afoul of state and federal laws that prohibit job discrimination based on protected factors. The protected factors include, for example: (1) Race, color, national origin, religion and gender under Title VII of the Civil Rights Act of 1964; and (2) Sexual orientation, marital status, pregnancy, cancer, political affiliation, genetic characteristics, and gender identity under California law. Most states have their own list of protected factors, which should be considered depending on where your company has employees
Full Story: http://www.lexology.com/library/detail.aspx?g=fb2eeb9c-f317-4d93-811e-f0b38c60f915
Sheppard Mullin
Michelle Sherman
October 3, 2011
Agatha Christie had a novel take on invention being the mother of necessity. She disagreed and said, “[I]nvention, in my opinion, arises directly from idleness, possibly also from laziness. To save oneself trouble.” She may have been onto something when you think about businesses that are turning to outside vendors to research employees and job candidates for them. Whether or not these outside vendors are the best solution, however, remains to be seen.
1. Companies Should Have An Internal Procedure For Researching Job Candidates And Employees On The Internet
We recommended earlier this year that businesses establish an internal procedure for making employment decisions based on Internet research, so they would not run afoul of state and federal laws that prohibit job discrimination based on protected factors. The protected factors include, for example: (1) Race, color, national origin, religion and gender under Title VII of the Civil Rights Act of 1964; and (2) Sexual orientation, marital status, pregnancy, cancer, political affiliation, genetic characteristics, and gender identity under California law. Most states have their own list of protected factors, which should be considered depending on where your company has employees
Full Story: http://www.lexology.com/library/detail.aspx?g=fb2eeb9c-f317-4d93-811e-f0b38c60f915
E-verify launches self check service
Lexology
Stinson Morrison Hecker LLP
Deanna J. Atchley
October 4 2011
Author
Stinson Morrison Hecker LLP
Deanna J. Atchley
October 4 2011
Author
Self Check, a free
Internet-based service of E-Verify, allows an individual to use the same
information that employers enter into E-Verify and check it against the same
databases that E-Verify checks. Thus, it allows an individual to confirm their
own work eligibility or to deal with any potential data mismatches that may be
found before being hired and checked by an E-Verify participating employer.
However, an individual who receives a mismatch from Self Check is not required
to take any further action.
http://www.lexology.com/library/detail.aspx?g=c05628bf-5adb-4a4d-9033-da04a470dd15&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-10&utm_term=
http://www.lexology.com/library/detail.aspx?g=c05628bf-5adb-4a4d-9033-da04a470dd15&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-10&utm_term=
NLRB delays until January 31, 2012 new rule requiring you to advise your employees of their right to unionize
Lexology.com
Neal Gerber and Eisenberg LLP
Howard L. Bernstein
October 6, 2011
On Oct. 5, 2011, the National Labor Relations Board (“NLRB”) postponed the effective date of its highly controversial new rule requiring private employers to inform their employees of their right to form and support a union. Failure to post the required notice alone constitutes a new unfair labor practice and can also hinder an employer’s ability to defend itself against other unfair labor practice charges. Employers now have until Jan. 31, 2012 to comply with the new rule. Please see our Aug. 29 management alert describing the new rule and its extensive posting requirements.
Full Story: http://www.lexology.com/library/detail.aspx?g=f5a803de-f3ef-4d84-ba65-18b2d42732d2&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-10&utm_term=
Neal Gerber and Eisenberg LLP
Howard L. Bernstein
October 6, 2011
On Oct. 5, 2011, the National Labor Relations Board (“NLRB”) postponed the effective date of its highly controversial new rule requiring private employers to inform their employees of their right to form and support a union. Failure to post the required notice alone constitutes a new unfair labor practice and can also hinder an employer’s ability to defend itself against other unfair labor practice charges. Employers now have until Jan. 31, 2012 to comply with the new rule. Please see our Aug. 29 management alert describing the new rule and its extensive posting requirements.
Full Story: http://www.lexology.com/library/detail.aspx?g=f5a803de-f3ef-4d84-ba65-18b2d42732d2&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-10-10&utm_term=
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