Wednesday, May 23, 2012

Affirmative action backed in largely black Brazil

Fox News Published May 04, 2012 Associated Press SAO PAULO – Brazil's top court has backed sweeping affirmative action programs used in more than 1,000 universities across this nation, which has more blacks than any country outside Africa yet where a severe gap in education equality between races persists. The Supreme Court voted 7-1 late Thursday to uphold a federal program that has provided scholarships to hundreds of thousands of black and mixed-race students for university studies since 2005. Its constitutionality was challenged by a right of center party, The Democrats. Three justices abstained from the vote. Read more:


OFCCP Blog Spot Wednesday, May 16, 2012 by Harold M. Busch, Vice President - Government Relations - DCI Consulting For those that don’t know me, I am a retired Member of the Senior Executive Service of the federal government, where I served as the Acting Director and Deputy Director of OFCCP and as the National Director of Operations and Acting Regional Director of OFCCP from 1995-2005. I was asked to provide my general reactions to the House subcommittee hearings on OFCCP held April 18, 2012. In watching the hearings unfold, I couldn’t help but think about a similar Congressional hearing on OFCCP that occurred in 1996. I was with the agency during this hearing and actually participated in it. Full Story:

Tuesday, May 22, 2012

White supremacist to be sentenced in Ariz. bombing

By JACQUES BILLEAUD, Associated Press PHOENIX (AP) — A white supremacist is set to be sentenced Tuesday in a 2004 bombing that injured a black city official in suburban Phoenix. A jury in February found Dennis Mahon, 61, guilty of three federal charges stemming from a package bomb that injured Don Logan, who is black and was Scottsdale's diversity director at the time, and hurt a secretary. The explosive detonated in Logan's hands on Feb. 26, 2004, in Scottsdale's Human Resources Complex. Full Story:

Changing face of America

The Hill By Armstrong Williams - 05/18/12 07:01 AM ET There are more minority children than white children being born today. This is a game-changer in America. It is difficult to argue for affirmative action for a growing minority population that will soon become the majority. What will become important is the concept of equality based on the 14th Amendment; as America become a society of diverse ethnic groups, none of which has a majority. It is important that our government doesn't favor any particular ethnic group nor discriminate. Full Op-ed:

Document ties Warren kin to Cherokees

The Boston Globe April 30, 2012|Noah Bierman A record unearthed Monday shows that US Senate candidate Elizabeth Warren has a great-great-great grandmother listed in an 1894 document as a Cherokee, said a genealogist at the New England Historic and Genealogy Society. The shred of evidence could validate her assertion that she has Native American ancestry, making her 1/32 American Indian, but may not put an end to the questions swirling around the subject. Intense focus on Warren’s heritage comes as the Democrat has faced several days of scrutiny about whether she has represented herself as a minority in her academic career. Full Story:

Whites Account for Under Half of Births in U.S.

The New York Times By SABRINA TAVERNISE Published: May 17, 2012 WASHINGTON — After years of speculation, estimates and projections, the Census Bureau has made it official: White births are no longer a majority in the United States. Non-Hispanic whites accounted for 49.6 percent of all births in the 12-month period that ended last July, according to Census Bureau data made public on Thursday, while minorities — including Hispanics, blacks, Asians and those of mixed race — reached 50.4 percent, representing a majority for the first time in the country’s history.
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House clears EEOC appropriations bill with several limiting amendments

Lexology Littler Mendelson Ilyse Schuman USA May 11 2012 On Thursday, May 10, 2012, the House of Representatives approved 247-163 a fiscal year 2013 funding bill (H.R. 5326) for a variety of federal agencies, including the Equal Employment Opportunity Commission (EEOC), that includes a series of amendments that would curtail enforcement of certain labor- and employment-related regulations and programs. Generally, the bill would allocate nearly $367 million to the EEOC for FY 2013, but would prevent any of this funding from being used to implement and enforce the EEOC’s final rule that amends its Age Discrimination in Employment Act (ADEA) regulations to clarify the reasonable factors other than age (RFOA) defense in disparate impact cases. Full Story:

The Dream, the Reality: Civil Rights in the '60s and Today

Workforce Management By Susan G. Hauser May 7, 2012 Just before noon on Aug. 28, 1963, a quarter of a million people began slowly moving toward the Lincoln Memorial. Eventually, they would completely surround the Lincoln Memorial Reflecting Pool all the way to the shade trees that surround it. They were mostly African-American, but they represented all creeds and colors of U.S. citizens. The March on Washington for Jobs and Freedom was the largest demonstration ever staged in the nation's capital. The last speaker of the day was a preacher from Atlanta. His words soared out above the peaceful crowd. Standing below the statue of Abraham Lincoln, the Rev. Martin Luther King Jr. laid emphasis on freedom, the freedom he dreamed would someday "ring from every village and every hamlet, from every state and every city." Full Story:

Labor ruling adds to burden on federal contractors in audits

Lexology Ballard Spahr LLP Amy L. Bashore and Constantinos G. Panagopoulos USA May 15 2012 In a decision likely to add to the burden and length of audits for many federal contractors, the Administrative Review Board of the U.S. Department of Labor (ARB) has ordered Frito-Lay Inc. to produce an additional two years’ of data on its affirmative action plan (AAP) as part of an expanded investigation in an audit that began in 2007. The ARB’s Final Administrative Order, issued May 8, 2012, requires Frito-Lay to provide the Office of Federal Contract Compliance Programs with two years’ of AAP data post‑dating the Scheduling Letter in the Desk Audit. Full Story:

Veterans are returning home and re-entering the workforce in growing numbers: are you prepared?

Lexology LeClairRyan Sarah E. Moffett USA May 3 2012 As the United States’ various engagements in the Middle East wind down, military service members are returning home in growing numbers. According to the Equal Employment Opportunity Commission (EEOC), three million veterans have returned from military service over the past ten years, and another million are expected to return to civilian life over the next five years. Many of these returning service members will be joining, or re-joining, the civilian workforce. An array of federal laws exist that protect veterans’ rights to employment and reemployment. Below is a brief summary of the key laws and regulations that employers should keep in mind. Full Story:

EEOC rules transgender status protected from discrimination under Title VII

Lexology Baker Donelson Bearman Caldwell & Berkowitz PC USA May 16 2012 The U.S. Equal Employment Opportunity Commission (EEOC) recently determined that discrimination based on gender identity, change of sex or transgender status constitutes sex discrimination under Title VII of the Civil Rights Act of 1964. In a case brought on behalf of Mia Macy, a former police detective who claimed that she was denied a job at the Bureau of Alcohol, Tobacco, Firearms and Explosives when she announced that she would be transitioning her gender from male to female. Macy alleged that she applied for the job as a man and was told that she would get the job pending a background check, but was informed the position had been cut shortly after informing the Bureau that she would be undergoing a sex change operation. Macy alleged that she later learned that the position had not been cut and that someone else was hired for the job instead. Full Story:

Monday, May 21, 2012

OFCCP May Request Data That Post-Dates Scheduling Letter, Appeal Board Rules

Costangy, Brooks and Smith LLP 5/16/2012 The Office of Federal Contract Compliance Programs has regulatory authority to request data beyond the date of a scheduling letter where the request is motivated by a "deficiency," such as discriminatory adverse impact, discovered during a compliance review. The ruling, in OFCCP v Frito-Lay, Inc., was made last week by the federal Administrative Review Board, which hears appeals in administrative cases involving the U.S. Department of Labor. ARB decisions can be appealed to the federal courts. Full Story:

OFCCP Sends Out Large Round of Corporate Scheduling Announcement Letters with a New Twist

San Ramon, CA (PRWEB) May 15, 2012 Two different types of advance notification letters sent to 2000 employers slated for audit San Ramon, CA (PRWEB) May 15, 2012 eQuest Compliance Update - The Office of Federal Contract Compliance Programs has sent out a new round of Corporate Scheduling Announcement Letters ("CSALs") to 2,000 employers identifying establishments slated for compliance review during OFCCP's current fiscal year, ending September 30, 2012. The CSALs provide employers advance notice of the locations slated for OFCCP audit. The CSAL does not initiate an audit. It identifies the location or locations that likely will undergo audit. Only after the employer receives a "scheduling letter" initiating an audit must it respond within 30 days by submitting its affirmative action plan to OFCCP. Read more:

Court gives EEOC broad latitude in bringing bias suits

Chcago Tribune By Kristin Samuelson Tribune reporter 12:07 p.m. CDT, May 16, 2012 The Equal Employment Opportunity Commission has been authorized to act on behalf of discrimination victims even if the victims had not been individually identified before a lawsuit was filed, the agency announced Wednesday. The order by Judge Ruben Castillo of U.S. District Court for the Northern District of Illinois denies an employer's motion for summary judgment in EEOC vs. United Road Towing. United Road Towing contended that the EEOC did not satisfy administrative requirements of the Americans with Disabilities Act. Full Story:,0,2100689.story

Advance Components Settles EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission PRESS RELEASE 5-18-12 Fastener Distribution Company Pays $201,000 to Top Salesman Who Was Fired in Favor of Younger Hires, Agency Charged DALLAS - A Carrollton, Texas-based distributor of specialty fasteners with sales territories that span the country will pay $200,000 and furnish other relief to settle an age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. According to the EEOC's lawsuit, Advance Components' executive vice president and general manager, Gary Craven, made ageist comments to Dan Miller, a 64-year-old national sales manager, and finally fired him because of his age. Miller had almost 20 years experience selling the company's products and had been hired by Advance Components' founder. According to the EEOC, Craven called Miller "old-fashioned" and repeatedly expressed his preference to hire younger salesmen with his motto: "30-30-30. Hire a 30-year-old with an IQ of 30 and pay him $30,000." Craven also allegedly made comments about outside sales being a young man's game because they were more "driven" and that he wanted to "put young guys on the street." Miller was fired on Oct. 6, 2009. His position was filled the following day by a man in his 30s. Discriminating against an employee because of his age violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit (Civil Action No. 3-11-cv-2081-B in U.S. District Court for the Northern District of Texas, Dallas Division) after first attempting to reach a pre-litigation settlement through its conciliation process. In the consent decree settling the suit, signed by Judge Jane J. Boyle on May 18, 2012, Advance Components agreed to pay $201,000 to Dan Miller. The company will also train management (including the owners) and supervisory personnel on equal employment opportunity (EEO) policies and procedures, including those on age discrimination. The company will be required to enforce a written policy against age discrimination and retaliation. "Older workers have the right to be evaluated based on their abilities and not based on their age," said EEOC Senior Trial Attorney William C. Backhaus. "Every employer, large and small, needs to recognize the importance of avoiding stereotypes, including those about age and older workers. Advance Components wrongly assumed that Mr. Miller's age, 64, interfered with his ability to connect with customers. It didn't - we learned that he was their top producer and that customers loved him." Mr. Miller was represented by attorney Rogge Dunn. Dunn said "Employer's replacement of senior employees with younger employees who are less qualified often leads to an employer being legally liable for substantial damages." "Employers should do their homework before hiring replacements because these types of actions catch the attention of attorneys and the EEOC." EEOC Regional Attorney Robert A. Canino added, "Success in sales is not something we would expect to be adversely affected by a greater degree of experience. Broad-brush assumptions that a 30-something is going to be more effective with marketing skills than a 60-something are arbitrary and misplaced suppositions that can lead to a violation of the law. If this '30-30-30' theory was at play in the decision to discharge Mr. Miller, we hope the message here is that a rule of thumb like that just doesn't add up to a good business practice." “I’m always pleased when the Dallas District can partner with local counsel and achieve an outstanding result,” said Acting District Director Janet Elizondo. “The Commission continues to be an active part of enforcement and litigation here in the Northern District of Texas.” The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at

EEOC Makes State Charge Data Available Online

U.S. Equal Employment Opportunity Commission PRESS RELEASE 5-14-12 Tables Present Employment Discrimination Statistics in User-Friendly Format WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today announces the availability of private sector workplace discrimination charge statistics for each of the nation’s 50 states and U.S. Territories for fiscal years 2009-2011. These data provide a look at EEOC charge receipts, broken down by the basis of discrimination, as well as the percent of total state and national charges. The state data tables are available online at The EEOC will update the state data when new charge statistics are available each fiscal year. The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at