Diverse Issues in Higher Education
August 8, 2012
by Jamaal Abdul-Alim
WASHINGTON – In the latest brief filed in the affirmative action case pending before the U.S. Supreme Court, the University of Texas at Austin defends diversity but denies that race is being used in any way that puts a person from a particular race at a disadvantage.
“Diversity improves academic outcomes and better prepares students to become the next generation of leaders in an increasingly diverse society,” the brief says in one passage. “Consistent with the holistic and modest way in which race is considered, it is impossible to tell whether an applicant’s race was a tipping factor for any given admit,” it says in another.
Full Story: http://diverseeducation.com/article/17278/
Tuesday, September 25, 2012
Tuesday, September 18, 2012
3 views on whether US still needs affirmative action
The Christian Science Monitor
September 17, 2012
This November, voters in Oklahoma will consider a ballot measure banning affirmative action in public-sector hiring. And in October, the Supreme Court will hear arguments in the Fisher v. University of Texas case – centered on the use of affirmative action in public-university admissions. As the second installment in our One Minute Debate series for election 2012, three writers give their brief take on whether the United States still needs affirmative action.
The 'yes' case is argued by Courtney Bowie, a senior staff attorney with the American Civil Liberty Union's Racial Justice Program. The 'no' position is taken by Roger Clegg, president and general counsel of the Center for Equal Opportunity, and Joshua Thompson, an attorney with the Pacific Legal Foundation. And 'a middle way' is suggested by Richard D. Kahlenberg, a senior fellow at The Century Foundation.
Full Story: http://www.csmonitor.com/Commentary/One-Minute-Debate/2012/0917/3-views-on-whether-US-still-needs-affirmative-action/Yes-We-can-t-have-race-neutral-hiring-and-admissions-because-society-isn-t-race-neutral
September 17, 2012
This November, voters in Oklahoma will consider a ballot measure banning affirmative action in public-sector hiring. And in October, the Supreme Court will hear arguments in the Fisher v. University of Texas case – centered on the use of affirmative action in public-university admissions. As the second installment in our One Minute Debate series for election 2012, three writers give their brief take on whether the United States still needs affirmative action.
The 'yes' case is argued by Courtney Bowie, a senior staff attorney with the American Civil Liberty Union's Racial Justice Program. The 'no' position is taken by Roger Clegg, president and general counsel of the Center for Equal Opportunity, and Joshua Thompson, an attorney with the Pacific Legal Foundation. And 'a middle way' is suggested by Richard D. Kahlenberg, a senior fellow at The Century Foundation.
Full Story: http://www.csmonitor.com/Commentary/One-Minute-Debate/2012/0917/3-views-on-whether-US-still-needs-affirmative-action/Yes-We-can-t-have-race-neutral-hiring-and-admissions-because-society-isn-t-race-neutral
Johns Hopkins University Applied Physics Lab Accused Of Racial And Sexual Orientation Discrimination
Heraldonline.com
Published: September 13, 2012
Published: September 13, 2012
BALTIMORE, Sept. 13, 2012 — Office of Federal Contract Compliance Programs Ruled Plaintiff's Termination was Inconsistent
BALTIMORE, Sept. 13, 2012 /PRNewswire-USNewswire/ -- A racial and sexual orientation discrimination lawsuit against the Johns Hopkins University Applied Physics Laboratory (APL) in Laurel heads to trial this month in Howard County Circuit Court following an investigation by a federal compliance office that faulted the lab's April 2009 firing of the plaintiff, Desyree Dixon, of Baltimore. Full Story: http://www.heraldonline.com/2012/09/13/4260328/johns-hopkins-university-applied.html
BALTIMORE, Sept. 13, 2012 /PRNewswire-USNewswire/ -- A racial and sexual orientation discrimination lawsuit against the Johns Hopkins University Applied Physics Laboratory (APL) in Laurel heads to trial this month in Howard County Circuit Court following an investigation by a federal compliance office that faulted the lab's April 2009 firing of the plaintiff, Desyree Dixon, of Baltimore. Full Story: http://www.heraldonline.com/2012/09/13/4260328/johns-hopkins-university-applied.html
Two Women Named Assistant Deans for Faculty Diversity at Weill Cornell Medical College
Women in Academia
Posted on Sep 13, 2012
Weill Cornell Medical College in New York has announced the appointment of two women as assistant deans for faculty diversity. The new assistant deans are Carla Boutin-Foster and Rache M. Simmons.
“Diversity is a major goal of Weill Cornell and core to Cornell University’s mission,” says Dr. Laurie H. Glimcher, the Stephen and Suzanne Weiss Dean of Weill Cornell Medical College. “These newly created positions signal how important diversity is to our institution.
Full Story: http://www.wiareport.com/2012/09/two-women-named-assistant-deans-for-faculty-diversity-at-weill-cornell-medical-college/?utm_source=Women+In+Academia+Report&utm_campaign=56391fe315-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email
Posted on Sep 13, 2012
Weill Cornell Medical College in New York has announced the appointment of two women as assistant deans for faculty diversity. The new assistant deans are Carla Boutin-Foster and Rache M. Simmons.
“Diversity is a major goal of Weill Cornell and core to Cornell University’s mission,” says Dr. Laurie H. Glimcher, the Stephen and Suzanne Weiss Dean of Weill Cornell Medical College. “These newly created positions signal how important diversity is to our institution.
Full Story: http://www.wiareport.com/2012/09/two-women-named-assistant-deans-for-faculty-diversity-at-weill-cornell-medical-college/?utm_source=Women+In+Academia+Report&utm_campaign=56391fe315-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email
New Census Report Finds a Persisting Gender Gap in Earnings
Women in Academia
Posted on Sep 12, 2012
The U.S. Census Bureau has released a new report on income and poverty rates in the United States. The data shows that for 2011, there were 58 million men who were year-round, full-time employees compared to 43.7 million women. Men who worked full-time, all year round had average earnings of $48,202. For women the average earnings for year-round, full-time workers was $37,118. Thus, women on average earned about 77 cents on the dollar compared to men.
Full Story: http://www.wiareport.com/2012/09/new-census-report-finds-a-persisting-gender-gap-in-earnings/?utm_source=Women+In+Academia+Report&utm_campaign=56391fe315-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email
Posted on Sep 12, 2012
The U.S. Census Bureau has released a new report on income and poverty rates in the United States. The data shows that for 2011, there were 58 million men who were year-round, full-time employees compared to 43.7 million women. Men who worked full-time, all year round had average earnings of $48,202. For women the average earnings for year-round, full-time workers was $37,118. Thus, women on average earned about 77 cents on the dollar compared to men.
Full Story: http://www.wiareport.com/2012/09/new-census-report-finds-a-persisting-gender-gap-in-earnings/?utm_source=Women+In+Academia+Report&utm_campaign=56391fe315-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email
California Hospital to Pay $975,000 to Settle Racial Harassment, Discrimination Case
Workforce
By Sheena Harrison
Published: September 17, 2012
A California hospital has agreed to pay a $975,000 settlement in a harassment and discrimination case that alleged the employer created a hostile work environment for Filipino staff members.
The U.S. Equal Employment Opportunity Commission and the Asian Pacific American Legal Center sued Delano, California-based Delano Regional Medical Center in 2010 in U.S. District Court. The EEOC said the hospital's English-only language policy was used to harass and discriminate against Filipino employees in violation of Title VII of the Civil Rights Act of 1964.
Full Story: http://www.workforce.com/article/20120917/NEWS01/120919967/california-hospital-to-pay-975-000-to-settle-racial-harassment
A California hospital has agreed to pay a $975,000 settlement in a harassment and discrimination case that alleged the employer created a hostile work environment for Filipino staff members.
The U.S. Equal Employment Opportunity Commission and the Asian Pacific American Legal Center sued Delano, California-based Delano Regional Medical Center in 2010 in U.S. District Court. The EEOC said the hospital's English-only language policy was used to harass and discriminate against Filipino employees in violation of Title VII of the Civil Rights Act of 1964.
Full Story: http://www.workforce.com/article/20120917/NEWS01/120919967/california-hospital-to-pay-975-000-to-settle-racial-harassment
Recent EEOC Ruling Recognizes Transgender Discrimination
US Politics Today
The EEOC has acknowledged that transgendered people can suffer from workplace discrimination due to their sexual orientation or gender identity.
September 16, 2012 /24-7PressRelease/ -- A landmark ruling by the Equal Employment Opportunity Commission (EEOC) has lesbian, gay, bisexual and transgender (LGBT) activists and equal rights advocates around the country breathing a sigh of relief. The EEOC declared in an April decision that transgender people are protected against workplace discrimination based on their sexual orientation or gender identity.
Why Is This Decision Important?
Full Story: http://uspolitics.einnews.com/247pr/303704
The EEOC has acknowledged that transgendered people can suffer from workplace discrimination due to their sexual orientation or gender identity.
September 16, 2012 /24-7PressRelease/ -- A landmark ruling by the Equal Employment Opportunity Commission (EEOC) has lesbian, gay, bisexual and transgender (LGBT) activists and equal rights advocates around the country breathing a sigh of relief. The EEOC declared in an April decision that transgender people are protected against workplace discrimination based on their sexual orientation or gender identity.
Why Is This Decision Important?
Full Story: http://uspolitics.einnews.com/247pr/303704
Meyer Tool will pay $325,000 to 60 African-American applicants to settle US Labor Department allegations of racial discrimination at Cincinnati plant
News Release
OFCCP News Release: [09/17/2012]Contact Name: Scott Allen or Rhonda Burke
Phone Number: (312) 353-6976 or x4807
Release Number: 12-1804-CHI
Meyer Tool will pay $325,000 to 60 African-American applicants to settle US Labor Department allegations of racial discrimination at Cincinnati plant
CINCINNATI — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has reached an agreement with federal contractor Meyer Tool Inc. to settle findings of race-based hiring discrimination. Under a consent judgment approved by a Labor Department administrative law judge, Meyer Tool will pay $325,000 in back wages and interest to 60 qualified African-American applicants who were rejected for entry-level machinist positions at the company's manufacturing plant in Cincinnati. Meyer Tool also will extend job offers to at least 11 members of the original class as positions become available."Workers should never be denied a fair shot at employment because of factors that have absolutely nothing to do with their ability to do the job," said OFCCP Director Patricia A. Shiu. "I am pleased that we were able to reach a fair settlement with Meyer Tool — one that will provide remedies to the affected workers and guarantee that, going forward, qualified applicants of all races and backgrounds will have the opportunity to compete on a level playing field for good jobs."
Based on a compliance review of the facility, OFCCP investigators determined that Meyer Tool had failed to ensure qualified job applicants received equal consideration for employment without regard to race as required by Executive Order 11246. The department filed an administrative complaint on Nov. 19, 2010, alleging systematic discrimination on the part of the company.
Under the terms of the consent judgment, Meyer Tool not only will provide financial remedies and job offers to the affected workers, but also will maintain employment records as required by law, provide equal employment opportunity training to all employees involved in the hiring process and submit detailed progress reports on this front to OFCCP for the next two years.
Cincinnati-based Meyer Tool manufactures engine parts, primarily for the aerospace industry, and is one of the area's largest private companies. During the period of OFCCP's review, Meyer Tool held contracts worth nearly $300,000 to provide engines and engine parts to the U.S. Army.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.
OFCCP v. Meyer Tool Inc.
Case Number: 2011-OFC-00003
http://www.dol.gov/opa/media/press/ofccp/OFCCP20121804.htm
Colleges Venture Off Campus to Bridge Military-Civilian Divide
The Chronicle of Higher Education
September 17, 2012
Ever since the original GI Bill set millions of World War II veterans on the path to college degrees, higher education has shaped many vets' transition to civilian life. But as today's returning service members confront a stagnant economy—and a society in which so few Americans share their military experience—colleges' role in that transition is expanding. It now extends to veterans who may never set foot in a classroom.
Full Story: http://chronicle.com/article/Colleges-Go-Off-Campus-to/134450/?cid=at&utm_source=at&utm_medium=en
September 17, 2012
Ever since the original GI Bill set millions of World War II veterans on the path to college degrees, higher education has shaped many vets' transition to civilian life. But as today's returning service members confront a stagnant economy—and a society in which so few Americans share their military experience—colleges' role in that transition is expanding. It now extends to veterans who may never set foot in a classroom.
Full Story: http://chronicle.com/article/Colleges-Go-Off-Campus-to/134450/?cid=at&utm_source=at&utm_medium=en
Monday, September 17, 2012
Brunswick Corp., Lund Boat Co. will pay $295,000 in back wages: OFCCP
News Release
OFCCP News Release: [09/04/2012]Contact Name: Josh Lamont or Mike Trupo
Phone Number: (202) 693-4661 or x6588
Release Number: 12-1709-CHI
Brunswick Corp., Lund Boat Co. will pay $295,000 in back wages and interest to 185 women to settle allegations of sex discrimination at Minnesota plant
Agreement with US Labor Department includes job opportunities
WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has reached an agreement with federal contractor Lund Boat Co., a wholly owned subsidiary of the Brunswick Corp., that settles allegations of hiring discrimination. In a consent judgment approved by the department's Office of Administrative Law Judges, Brunswick Corp. and Lund Boat Co. have agreed to pay $295,000 in back wages and interest to 185 female job applicants who were rejected for entry-level positions at Lund's boat manufacturing plant in New York Mills, Minn."I am pleased that we were able to reach a fair settlement in this case, one which will provide immediate relief to the women involved and lasting protections for all job seekers who apply to work for Lund and Brunswick in the future," said OFCCP Director Patricia A. Shiu. "OFCCP is committed to making sure that companies that hold federal contracts — profiting from taxpayer dollars — give workers a fair shot at employment and do not use gender as a factor when it comes to deciding who gets a job and who doesn't."
OFCCP investigators based in Chicago conducted a review of Lund Boat Co.'s New York Mills facility beginning in September 2007. Based on the findings, the agency determined Lund had failed to ensure that qualified female job applicants received equal consideration for employment without regard to their gender as required by Executive Order 11246. The department filed an administrative complaint with its Office of Administrative Law Judges on Nov. 30, 2011, alleging that Lund officials had systematically discriminated against female job applicants in 2006 and 2007.
In addition to the financial remedies, the agreement requires Brunswick Corp. and Lund Boat Co. to extend job offers to at least 27 women in the original class as general laborer positions open. Seven class members already have been hired. The companies also have agreed to maintain and retain required employment records, undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law and submit detailed progress reports to OFCCP for the next two years.
Based in Lake Forest, Ill., Brunswick Corp. is a leading provider of marine, athletic and recreational products. Lund is part of the corporation's boat manufacturing division. In the past two years alone, Brunswick has held federal contracts worth more than $248 million with agencies including the U.S. Navy and the U.S. Coast Guard.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.
OFCCP v. Lund Boat Co. and Brunswick Corp.
Case Number: 2012-OFC-00002
http://www.dol.gov/opa/media/press/ofccp/OFCCP20121709.htm
Register for October PDTI - Early Bird Deadline is Today!
AAAA Professional Development and Training Institute
October 2012 Registration
Jackson Lewis, LLP
950 17th Street
Suite 2600
Denver, Colorado 80202
United States
Registration Link: http://www.regonline.com/builder/site/Default.aspx?EventID=1103665
Registrants may take a course toward the completion of the Certified Affirmative Action Professional certification and Senior Certified Affirmative Action Professional certification by registering for one of the following courses:
October 14 - Compensation Basics and Pay Discrimination (8 hrs.)Sun.., October 14, 2012 8:00 AM - 5:00 PM (CST)
Instructors: Mary Dunn Baker and Janet Thornton, ERS Group
October 14-15 - Equal Employment Opportunity and Affirmative Action Law (16 hrs.)
Sun., October 14, 2012 8:00 AM - Mon., October 15, 2012 5:00 PM (CST)
Instructor: Mickey Silberman, Laura Mitchell, Michelle Duncan, Jackson Lewis Law
October 16-17 - Complaint Processing, Counseling and Resolution (16 hrs.)
Tues., October 16, 2012 8:00 AM - Wed., October 17, 2012 5:00 PM (CST)
Instructor: Ida "Beth" Wilson, J.D., Southern Methodist University
October 18-19 - Developing and Implementing an Affirmative Action Program for Women and Minorities (16 hrs.)
Thurs., October 18, 2012 8:00 AM - Fri., October 19, 2012 5:00 PM (CST)
Instructor: Julia Mendez, Peoplefluent
October 16 - Statistics in Employment Discrimination Law (8 hrs.)
Tues., October 16, 2012 8:00 AM - 5:00 PM (CST)
Instructor: Mickey Silberman, Jackson Lewis Law Firm
October 15 - Annual Refresher for Federal EEO Counselors and Investigators (8 hrs.)
Mon., October 15, 2012 8:00 AM - 5:00 PM (CST)
Instructor: Patricia McMahon, EEOC, Denver Field Office
October 17 - Developing and Implementing an Affirmative Action Program for Veterans and the Disabled (8 hrs.) Wed., October 17, 2012 8:00 AM - 5:00 PM (CST)
Instructor: Julia Mendez, Peoplefluent
October 18-19 - Title IX -- Complying with OCR's "Dear Colleague" Letters (16 hrs.)
Thurs., October 18, 2012 1:00 PM - Fri., October 19, 2012 5:00 PM (CST)
Instructor: Ida "Beth" Wilson, J.D., Southern Methodist University
Course Brochure
Early Registration Tuition
Early Registration Deadline: September 17, 2012
AAAA Members:
$375 for 8-hour courses
$750 for 16-hour courses
Non-Members
$450 for 8-hour courses
$900 for 16-hour courses
Regular and Onsite Registration Tuition
Onsite Registration accepted if space remains available
AAAA Members:
$450 for 8-hour courses
$825 for 16-hour courses
Non-Members
$525 for 8-hour courses
$975 for 16-hour courses
Meet the PDTI Faculty by clicking AAAA PDTI FACULTY 2012 Denver
EEOC Seeks Input on Strategic Enforcement Plan
U.S. Equal Employment Opportunity Commission
PRESS RELEASE 9-4-12
The U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment a draft of its Strategic Enforcement Plan (SEP). Comments must be submitted by 5:00 pm ET on September 18, 2012 at strategic.plan@eeoc.gov or received by mail at Executive Officer, Office of the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, D.C. 20507. The Commission plans to vote on the draft plan at the end of this fiscal year.
The first requirement of the EEOC's Strategic Plan for Fiscal Years 2012 - 2016 was to develop the SEP by the start of fiscal year 2013 - October 1, 2012. The SEP will establish the Commission's priorities and integrate all components of EEOC's private, public and federal sector enforcement.
The process for developing the SEP has been highly inclusive and collaborative. The plan was developed by the Commission with input from a Work Group consisting of district and headquarters staff, led by Chair Jacqueline Berrien, General Counsel P. David Lopez, and Memphis District Director Katharine Kores. On June 5, the Commission solicited written input on the SEP's development. In response, comments were submitted by more than 100 individuals, organizations, and coalitions - internal and external to the agency - from across the nation. On July 18, the Commission held a public meeting to receive input from more than 30 stakeholders on the issues they believed should be addressed in the plan.
The Commission is continuing this inclusive effort by soliciting comments from the general public on a draft of the SEP. Your input is vital to their efforts to ensure accountability to our nation's workers, employers, and taxpayers in general. All comments will be reviewed and considered as the Commission continues to edit the plan.
The EEOC has served as the nation's lead enforcer of employment antidiscrimination laws and chief promoter of equal employment opportunity (EEO) since 1965. The agency is responsible for enforcing Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, Section 501 of the Rehabilitation Act of 1973, Titles I and V of the Americans with Disabilities Act of 1990, and Title II of the Genetic Nondiscrimination Act of 2008. Together, these laws protect private, public, and federal workers from employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. They also make it illegal to retaliate against a person for filing a charge of, or participating in an investigation or lawsuit regarding, employment discrimination.
For general inquiries about the plan, please email strategic.plan@eeoc.gov or call (202) 663-4070/(TTY: 202-663-4494). For press inquiries, please contact the Office of Communications and Legislative Affairs at (202) 663-4191 or newsroom@eeoc.gov. If you are seeking EEOC information, please call (202) 663-4900 or e-mail info@eeoc.gov. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/9-4-12c.cfm
PRESS RELEASE 9-4-12
The U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment a draft of its Strategic Enforcement Plan (SEP). Comments must be submitted by 5:00 pm ET on September 18, 2012 at strategic.plan@eeoc.gov or received by mail at Executive Officer, Office of the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, D.C. 20507. The Commission plans to vote on the draft plan at the end of this fiscal year.
The first requirement of the EEOC's Strategic Plan for Fiscal Years 2012 - 2016 was to develop the SEP by the start of fiscal year 2013 - October 1, 2012. The SEP will establish the Commission's priorities and integrate all components of EEOC's private, public and federal sector enforcement.
The process for developing the SEP has been highly inclusive and collaborative. The plan was developed by the Commission with input from a Work Group consisting of district and headquarters staff, led by Chair Jacqueline Berrien, General Counsel P. David Lopez, and Memphis District Director Katharine Kores. On June 5, the Commission solicited written input on the SEP's development. In response, comments were submitted by more than 100 individuals, organizations, and coalitions - internal and external to the agency - from across the nation. On July 18, the Commission held a public meeting to receive input from more than 30 stakeholders on the issues they believed should be addressed in the plan.
The Commission is continuing this inclusive effort by soliciting comments from the general public on a draft of the SEP. Your input is vital to their efforts to ensure accountability to our nation's workers, employers, and taxpayers in general. All comments will be reviewed and considered as the Commission continues to edit the plan.
The EEOC has served as the nation's lead enforcer of employment antidiscrimination laws and chief promoter of equal employment opportunity (EEO) since 1965. The agency is responsible for enforcing Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, Section 501 of the Rehabilitation Act of 1973, Titles I and V of the Americans with Disabilities Act of 1990, and Title II of the Genetic Nondiscrimination Act of 2008. Together, these laws protect private, public, and federal workers from employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. They also make it illegal to retaliate against a person for filing a charge of, or participating in an investigation or lawsuit regarding, employment discrimination.
For general inquiries about the plan, please email strategic.plan@eeoc.gov or call (202) 663-4070/(TTY: 202-663-4494). For press inquiries, please contact the Office of Communications and Legislative Affairs at (202) 663-4191 or newsroom@eeoc.gov. If you are seeking EEOC information, please call (202) 663-4900 or e-mail info@eeoc.gov. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/9-4-12c.cfm
Seventh Circuit Revives EEOC Disability Discrimination Lawsuit
U.S. Equal Employment Opportunity Commission
PRESS RELEASE 9-13-12
The EEOC's suit charged that United violated the ADA by refusing to place workers with disabilities in vacant positions for which they were qualified and which they needed in order to continue working. Instead, UAL required these employees to compete for jobs on the company website. The company's practice frequently prevented employees with disabilities from continuing their employment.
In June 2009, the EEOC filed the original lawsuit in the Northern District of California based on its investigation of a number of discrimination charges filed by United employees located in San Francisco and Chicago. United successfully moved for a change of venue to the Northern District of Illinois, where an earlier Seventh Circuit case, EEOC v. Humiston Keeling, 227 F.3d 1024 (7th Cir. 2000), had already held that a competitive transfer policy did not violate the ADA. In February 2011, the lower court, bound by this precedent, dismissed the EEOC's case against United.
On appeal, however, the Seventh Circuit agreed with the EEOC that Humiston Keeling "did not survive" an intervening Supreme Court decision, U.S. Airways v. Barnett, 535 U.S. 391 (2002). The Court of Appeals held that "the ADA does indeed mandate that an employer appoint employees with disabilities to vacant positions for which they are qualified, provided that such accommodations would be ordinarily reasonable and would not present an undue hardship to the employer."
"The Court's decision will have far-reaching benefits for individuals with disabilities who strive for economic independence and want to work," said EEOC General Counsel David Lopez. "We are pleased that the case may now go forward."
EEOC San Francisco Regional Attorney William R. Tamayo said, "We anticipate that numerous employees at United locations nationwide may have a claim in this systemic case. This case will allow them to seek reassignment and continue their careers with United."
EEOC Appellate Attorney Barbara Sloan added, "In defining 'reasonable accommodation' to include 'reassignment to a vacant position,' Congress clearly intended to ensure that employees with disabilities remain productive workers even when they can no longer do their current jobs due to disability -- as long as reassignment is possible and poses no undue hardship. With its decision, the Seventh Circuit joins the D.C. and Tenth Circuits in implementing Congress's intent."
According to the company web site, United Airlines has almost 50,000 employees in every U.S. state and in many countries around the world. The air carrier operates air travel hubs in Los Angeles, San Francisco, Denver, Chicago and Washington, D.C. United is one of the largest international carriers based in the United States.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/9-13-12.cfm
PRESS RELEASE 9-13-12
Court Finds Reassignment Ordinarily Is a Reasonable Accommodation For Workers with Disabilities
Chicago -- The U.S. Court of Appeals for the Seventh Circuit reversed the dismissal of a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against airline giant United Airlines Inc. The circuit court overturned precedent to agree with the EEOC that "reasonable accommodation" as defined by the Americans with Disabilities Act (ADA) may require employers to provide employees with disabilities with "reassignment to a vacant position" when the employee cannot be accommodated in his or her current position. The EEOC's suit charged that United violated the ADA by refusing to place workers with disabilities in vacant positions for which they were qualified and which they needed in order to continue working. Instead, UAL required these employees to compete for jobs on the company website. The company's practice frequently prevented employees with disabilities from continuing their employment.
In June 2009, the EEOC filed the original lawsuit in the Northern District of California based on its investigation of a number of discrimination charges filed by United employees located in San Francisco and Chicago. United successfully moved for a change of venue to the Northern District of Illinois, where an earlier Seventh Circuit case, EEOC v. Humiston Keeling, 227 F.3d 1024 (7th Cir. 2000), had already held that a competitive transfer policy did not violate the ADA. In February 2011, the lower court, bound by this precedent, dismissed the EEOC's case against United.
On appeal, however, the Seventh Circuit agreed with the EEOC that Humiston Keeling "did not survive" an intervening Supreme Court decision, U.S. Airways v. Barnett, 535 U.S. 391 (2002). The Court of Appeals held that "the ADA does indeed mandate that an employer appoint employees with disabilities to vacant positions for which they are qualified, provided that such accommodations would be ordinarily reasonable and would not present an undue hardship to the employer."
"The Court's decision will have far-reaching benefits for individuals with disabilities who strive for economic independence and want to work," said EEOC General Counsel David Lopez. "We are pleased that the case may now go forward."
EEOC San Francisco Regional Attorney William R. Tamayo said, "We anticipate that numerous employees at United locations nationwide may have a claim in this systemic case. This case will allow them to seek reassignment and continue their careers with United."
EEOC Appellate Attorney Barbara Sloan added, "In defining 'reasonable accommodation' to include 'reassignment to a vacant position,' Congress clearly intended to ensure that employees with disabilities remain productive workers even when they can no longer do their current jobs due to disability -- as long as reassignment is possible and poses no undue hardship. With its decision, the Seventh Circuit joins the D.C. and Tenth Circuits in implementing Congress's intent."
According to the company web site, United Airlines has almost 50,000 employees in every U.S. state and in many countries around the world. The air carrier operates air travel hubs in Los Angeles, San Francisco, Denver, Chicago and Washington, D.C. United is one of the largest international carriers based in the United States.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/9-13-12.cfm
EEOC Commissioners to Explain Disability Discrimination Law in Coast-To-Coast Tour
U.S. Equal Employment Opportunity Commission
PRESS RELEASE 8-28-12
WASHINGTON - Two Commissioners of the U.S. Equal Employment Opportunity Commission (EEOC) will go on a cross-country tour in September to explain and discuss the landmark Americans with Disabilities Act Amendments Act (ADAAA). The series of training seminars is aimed at employment law practitioners, human resource and equal employment opportunity/diversity specialists, and managers dealing with issues of reasonable accommodation.
Commissioners Chai Feldblum (D) and Victoria A. Lipnic (R) will headline EEOC-sponsored training seminars in the Los Angeles, Seattle, Boston and Miami areas. The Commissioners and other speakers from various organizations will focus on the crucial subject of reasonable accommodations for employees with disabilities under the ADAAA.
"These training sessions are a logical outgrowth of the EEOC's ongoing policy of making education and discrimination prevention a central part of its mission," said Mary McIver, director of the EEOC's Training Institute, which is sponsoring the seminars. "The more American employers understand how to comply with the ADAAA, the less confusion and misunderstanding there will be over workplace accommodations - and that's a win-win for everyone."
The Commissioners will discuss topics such as essential job functions and job descriptions; the basics of reasonable accommodation; and leave, modified schedules and telecommuting as reasonable accommodations. Their presentation will take up the morning portion of each full-day session. Each site will have its own lunch speaker or presentation. The afternoon program will include more in-depth sessions with local presenters on the interplay of the ADA, the Family and Medical Leave Act (FMLA) and Worker's Compensation; Essential Functions, Qualification Standards and Production Standards; and ADAAA Accommodation Mysteries Solved and Disability Etiquette.
The ADAAA, signed into law in 2008, enhanced and refined the Americans with Disabilities Act of 1990 (ADA). The ADAAA emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA. The ADAAA made important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of the EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the act's meaning.
The dates and locations of the events are:
http://www.eeotraining.eeoc.gov/viewpage.aspx?ID=d83b1763-4f98-464e-afc3-35c8c0c52956
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/8-28-12.cfm
PRESS RELEASE 8-28-12
WASHINGTON - Two Commissioners of the U.S. Equal Employment Opportunity Commission (EEOC) will go on a cross-country tour in September to explain and discuss the landmark Americans with Disabilities Act Amendments Act (ADAAA). The series of training seminars is aimed at employment law practitioners, human resource and equal employment opportunity/diversity specialists, and managers dealing with issues of reasonable accommodation.
Commissioners Chai Feldblum (D) and Victoria A. Lipnic (R) will headline EEOC-sponsored training seminars in the Los Angeles, Seattle, Boston and Miami areas. The Commissioners and other speakers from various organizations will focus on the crucial subject of reasonable accommodations for employees with disabilities under the ADAAA.
"These training sessions are a logical outgrowth of the EEOC's ongoing policy of making education and discrimination prevention a central part of its mission," said Mary McIver, director of the EEOC's Training Institute, which is sponsoring the seminars. "The more American employers understand how to comply with the ADAAA, the less confusion and misunderstanding there will be over workplace accommodations - and that's a win-win for everyone."
The Commissioners will discuss topics such as essential job functions and job descriptions; the basics of reasonable accommodation; and leave, modified schedules and telecommuting as reasonable accommodations. Their presentation will take up the morning portion of each full-day session. Each site will have its own lunch speaker or presentation. The afternoon program will include more in-depth sessions with local presenters on the interplay of the ADA, the Family and Medical Leave Act (FMLA) and Worker's Compensation; Essential Functions, Qualification Standards and Production Standards; and ADAAA Accommodation Mysteries Solved and Disability Etiquette.
The ADAAA, signed into law in 2008, enhanced and refined the Americans with Disabilities Act of 1990 (ADA). The ADAAA emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA. The ADAAA made important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of the EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the act's meaning.
The dates and locations of the events are:
- Sept. 11 in Seattle (Doubletree Seattle Airport)
- Sept. 13 in Los Angeles (Four Points Sheraton Los Angeles Airport)
- Sept. 18 in Boston (Colonnade Hotel)
- Sept. 20 in Miami (Hilton Miami Downtown)
http://www.eeotraining.eeoc.gov/viewpage.aspx?ID=d83b1763-4f98-464e-afc3-35c8c0c52956
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/8-28-12.cfm
Thursday, September 13, 2012
Register for AAAA Diversity Management Webinar
September 2012 Webinar
Registration Link: http://www.regonline.com/builder/site/Default.aspx?EventID=1135503
Diversity Management: How Culture and Strategy Intersect
Wednesday, September 19, 2012 2:00 PM - 3:30 PM (Eastern Time)
Genesys Conferencing Webinar
Room entrance begins at 1:45p.m. EST
Presenters: Pamela Arnold and Terri Kruzan, AIMD
Webinar
The September webinar will be co-hosted by the American Institute for Managing Diversity (AIMD). This will be a 90-minute webinar. The topic of the webinar is: "Diversity Management: How Culture and Strategy Intersect". This topic will cover the real, relevant and reoccurring questions around developing a successful road map for understanding your organizational culture, how it intersects with diversity and inclusion efforts, the benefits of the connection and how it leads to long term success.
Ask someone today how they define diversity and you will get a different response from each person you ask - with no two definitions alike. Ask organizations today how they manage diversity and you will receive responses that may range from “increasing awareness of differences through training” to “there is no need to manage diversity –it manages itself!” And what role do organizations’ cultures play in developing a successful strategy?
Understanding the culture of the organization in the diversity management work is similar to powering up your Global Positioning System (GPS) or talking with AAA before starting out on a long trip. It helps you navigate the journey from a strategic base. By powering up your GPS you learn how to diagnose, design and deliver a diversity management road map to success!
Learning Objectives:
· Defining diversity
· Defining Diversity and Inclusion (D&I)
· Phases of Strategic Diversity Management
· Understanding Strategic diversity management
· Understanding Cultural audit and assessments
Presenters:
Pamela Arnold serves as President of the American Institute for Managing Diversity, Inc. (AIMD) headquartered in Atlanta, GA.
Prior to joining AIMD, Ms Arnold spent 30 years in the corporate environment as an HR Operations and Customer Service executive and community advocate working in leadership positions with Bank of America, Hewitt Associates, Inc., and The Home Depot.
Ms. Arnold has served the community through active participation in the Atlanta Diversity Managers Advocacy Group, United Way, and Dress for Success and the United Negro College Fund capital campaigns. She has served as mentor for over 25 years working with students in the Inroads, Urban League and Girls, Inc. programs.
Ms. Arnold has been recognized as Woman of the Year by the YWCA and received The Crystal Hand Grenade Leadership award from Bank of America and The Homer Award for excellent customer service from The Home Depot.
Terri Kruzan is an expert in assessing workplace cultures and in supporting leaders to align the culture of their organizations to more effectively achieve business results. She brings over 20 years of experience in assessing the strengths and weaknesses of organizational environments as they relate to diversity and inclusion.
The American Institute for Managing Diversity, Inc.
Established in 1984 by Dr. R. Roosevelt Thomas, the American Institute for Managing Diversity, Inc., (AIMD), has served as a solutions center – identifying, collecting, developing and disseminating cutting edge approaches to diversity management. AIMD provides pioneering and creative thinking on the issues of diversity and diversity management serving as the desired destination for individuals and organizations across the world seeking access to a comprehensive array of resources on cutting-edge perspectives and approaches to diversity.
Since 2008, AIMD has been recognized by Profiles in Diversity Journal as a Diversity Leader recipient.
This program has been submitted for 1.0 (General ) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.
Can't make the live event?
You can purchase the PowerPoint presentation of this webinar for $49.95 plus S/H.
Register Now for Professional Development Training
The Fall 2012 Professional
Development and Training Institute (PDTI) takes place on October 14 - 19, 2012
in Denver, Colorado. Don't miss the opportunity to enhance your career by
obtaining the Certified Affirmative Action Professional credential
(CAAP).
Mickey Silberman, Esq., Jackson Lewis LLP, and other
outstanding presenters will train you in EEO Law, Complaint Processing,
Affirmative Action planning, Title IX and other important areas
of our profession.
Register now before the Early Bird rate expires on September
17th! Fall PDTI Registration
AAAA Members receive a substantial discount. Not
a member of AAAA? J
Click here to join us: Membership Page
AAAA
Professional Development and Training Institute
October 2012 Registration
October 2012 Registration
Jackson Lewis, LLP
950 17th Street
Suite 2600
Denver, Colorado 80202
United States
950 17th Street
Suite 2600
Denver, Colorado 80202
United States
Registration Link:
Registrants may take a course toward the completion
of the Certified Affirmative Action Professional certification and Senior
Certified Affirmative Action Professional certification by registering for one
of the following courses:
Early
Registration Deadline: September 17, 2012
Meet the PDTI Faculty by clicking here: AAAA PDTI Faculty
Courses have
been submitted for HRCI credit.
Letter Announcing Findings of Men’s Ice Hockey Task Force
Boston University
Office of the President
Last spring, after two members of our men’s ice hockey team were accused of sexual assault, I established a Task Force of faculty, staff, trustees, and overseers to review and assess this program. The Task Force was charged with determining whether the culture and climate of the program could have contributed to the actions that led to these criminal charges and with making recommendations based on this assessment to improve the program. The complete charge to the Task Force and its membership can be found here. The Task Force was co-chaired by University Provost and Chief Academic Officer Jean Morrison and Dr. Jonathan Cole, Chair of the Academic Affairs Committee of the Board of Trustees and Provost Emeritus of Columbia University.
The Task Force has completed its work and its report is available on my website. I have made the body of the report public; the appendices (including subcommittee reports) are not written in such a way as to protect the privacy of individuals who contributed information to the Task Force and thus will not be released. Public disclosure of individuals’ identities would breach our assurance of confidentiality to those who stepped forward to provide valuable information and insights. The report describes the process used by the Task Force, which I believe was comprehensive and thorough.
Complete Letter: http://www.bu.edu/president/letters-writings/letters/2012/9-05/
Office of the President
Writings
Letter Announcing Findings of Men’s Ice Hockey Task Force
By Robert Brown | September 5, 2012
Dear Colleagues:Last spring, after two members of our men’s ice hockey team were accused of sexual assault, I established a Task Force of faculty, staff, trustees, and overseers to review and assess this program. The Task Force was charged with determining whether the culture and climate of the program could have contributed to the actions that led to these criminal charges and with making recommendations based on this assessment to improve the program. The complete charge to the Task Force and its membership can be found here. The Task Force was co-chaired by University Provost and Chief Academic Officer Jean Morrison and Dr. Jonathan Cole, Chair of the Academic Affairs Committee of the Board of Trustees and Provost Emeritus of Columbia University.
The Task Force has completed its work and its report is available on my website. I have made the body of the report public; the appendices (including subcommittee reports) are not written in such a way as to protect the privacy of individuals who contributed information to the Task Force and thus will not be released. Public disclosure of individuals’ identities would breach our assurance of confidentiality to those who stepped forward to provide valuable information and insights. The report describes the process used by the Task Force, which I believe was comprehensive and thorough.
Complete Letter: http://www.bu.edu/president/letters-writings/letters/2012/9-05/
Boston U. Confronts Hockey Culture Linked to Sex Assaults
Inside Higher Ed
Read more: http://www.insidehighered.com/quicktakes/2012/09/06/boston-u-confronts-hockey-culture-linked-sex-assaults#ixzz26N6wIl5Z
Inside Higher Ed
September 6, 2012 - 3:00am
The Boston University men’s ice hockey team enjoys an insulated culture and celebrity status that “can lead to unacceptable and destructive behavior, including a culture of sexual entitlement and abuse,” according to the findings of a task force that was charged with reviewing the program after two players were accused of sexual assault last spring.
Read more: http://www.insidehighered.com/quicktakes/2012/09/06/boston-u-confronts-hockey-culture-linked-sex-assaults#ixzz26N6wIl5Z
Inside Higher Ed
Report: Interdepartmental Collaboration Favored as Means to Achieve Organizational Diversity
Diverse Issues in Higher Education
by Diverse Staff
September 12, 2012
The American Association for Affirmative Action released a report called “Collaborative Relationships Between EEO/Affirmative Action, Human Resources and Diversity Professionals,” which found that there is interdepartmental collaboration in most organizations to achieve diversity goals.
The report, which was conducted to gauge the extent to which diversity offices work with those who make hiring decisions to actually ensure a diverse workforce, also found the following:...
Full Story: http://diverseeducation.com/article/48022/
by Diverse Staff
September 12, 2012
American Association for Affirmative Action President Gregory T. Chambers
The American Association for Affirmative Action released a report called “Collaborative Relationships Between EEO/Affirmative Action, Human Resources and Diversity Professionals,” which found that there is interdepartmental collaboration in most organizations to achieve diversity goals.
The report, which was conducted to gauge the extent to which diversity offices work with those who make hiring decisions to actually ensure a diverse workforce, also found the following:...
Full Story: http://diverseeducation.com/article/48022/
Another court upholds the employer's right to discover information about the EEOC's own hiring policies
Lexology
Littler Mendelson
Littler Mendelson
August 29 2012
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in the EEOC's view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion to consider criminal records relative to employment decisions.1 Even before April 2012, however, the EEOC sued certain employers for allegedly violating Title VII by relying on criminal records, including Freeman, a nationwide convention, exhibition and corporate events marketing company.2 As discussed below, Freeman's recent success in Maryland in overcoming the EEOC's objections to revealing details about the EEOC's own hiring policies builds on a similar discovery order obtained by Kaplan Higher Education Corporation (Kaplan) in its battle with the EEOC in Ohio over Kaplan's use of credit history information for employment decisions. These successes have strategic importance to employers who are assessing how to react to the EEOC's vigorous efforts to regulate background checks.3 The importance of a well-reasoned strategy is highlighted by the EEOC's recent $3.13 million settlement with a nationwide beverage company in a dispute concerning criminal records.4
Silence is not golden - employers should rethink policies that silence employees during internal investigations
Cole Schotz Meisel Forman & Leonard PA
USA
September 5 2012
In light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees. In an August 3, 2012 letter from the EEOC’s field office in Buffalo, New York to an undisclosed employer, the agency warned that the employer’s policy prohibiting employees from discussing an ongoing internal investigation of harassment may violate Title VII of the 1964 Civil Rights Act (“Title VII”). Title VII prohibits illegal workplace harassment, discrimination and retaliation.
Employers: don't fire employees for taking legally prescribed meds
Fox Rothschild LLP
Richard B. Cohen
USA
September 6 2012
Full Story: http://www.lexology.com/library/detail.aspx?g=80f2fe71-70aa-4284-8b3a-cc2f22978a86&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-09-13&utm_term=
Employers should be familiar with the requirements of ADA, at least to the extent that they don’t do what one employer allegedly did. The EEOC just announced that it settled for $750,000 a 2009 ADA case against an employer which apparently never even heard of the ADA.
The defendant auto parts company in Tennessee drug tested all of its plant employees for 12 substances, including 7 legally prescribed drugs. Incredibly, the lawsuit alleged that the company: Full Story: http://www.lexology.com/library/detail.aspx?g=80f2fe71-70aa-4284-8b3a-cc2f22978a86&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-09-13&utm_term=
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