By KellieWoodhouse, Higher education reporter
University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.
Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/
Thursday, November 29, 2012
Tuesday, November 27, 2012
Cornell University Takes Steps to Address Sexual Assault and Harassment
Women in Academia Report
Posted on Nov 21, 2012
Several incidents of sexual assault and harassment have occurred on the campus of Cornell University in Ithaca, New York. In response the university has taken a number of steps to address the situation.
A task force was created to address issues concerning education and training, campus climate, victim support services, and enforcement. The university’s Women’s Resource Center created the Sexual Violence Prevention Working Group to design solutions to the university’s shortcomings in dealing with issues of sexual assault and harassment. Three Cornell University police officers have received special training in investigating alleged cases of sexual assault. Campus lighting was improved in areas where needed.
Full Story: http://www.wiareport.com/2012/11/cornell-university-takes-steps-to-address-sexual-assault-and-harassment/?utm_source=Women+In+Academia+Report&utm_campaign=f092688925-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email
Posted on Nov 21, 2012
Several incidents of sexual assault and harassment have occurred on the campus of Cornell University in Ithaca, New York. In response the university has taken a number of steps to address the situation.
A task force was created to address issues concerning education and training, campus climate, victim support services, and enforcement. The university’s Women’s Resource Center created the Sexual Violence Prevention Working Group to design solutions to the university’s shortcomings in dealing with issues of sexual assault and harassment. Three Cornell University police officers have received special training in investigating alleged cases of sexual assault. Campus lighting was improved in areas where needed.
Full Story: http://www.wiareport.com/2012/11/cornell-university-takes-steps-to-address-sexual-assault-and-harassment/?utm_source=Women+In+Academia+Report&utm_campaign=f092688925-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email
AAAA Conference 2013 Call for Presenters
AAAA CONFERENCE 2013
CALL FOR PRESENTERS
The
American Association for Affirmative Action (AAAA) is seeking presenters to
share their expertise, passion and commitment to promoting diversity and
affirmative action with a national audience during our 2013 National Conference
and Annual Meeting in San Antonio from May 7 to May 10. Our theme for the Conference is “Diversity on Trial: The Compelling Case for Affirmative Action in
Education and the Workplace.”
We
are seeking presentations from professionals with expertise on the challenges
facing affirmative action in Higher Education, Government, and the Private
Sector. We encourage presentations that
address our theme as well as other emerging issues, trends, analyses and
perspectives related to diversity and affirmative action in education and the
workplace. There are tremendous benefits
to participation including:
·
National
recognition
·
Opportunities
to learn and share experiences with others
·
Networking
·
Professional
development
·
Complimentary
Conference registration
Presentations
will be one hour and fifteen minutes in length, including time for questions
and answers. Ideally, presentations
should help conference attendees put theory into practice. Presentation format
and suggested topics are detailed in the following pages.
AAAA
is a national, not-for-profit association of professionals working in areas of
affirmative action, equal opportunity, human resources and diversity in both
the public and private sectors. Our mission is to promote the understanding and
advocacy of affirmative action to enhance access and equity in employment,
economic, and educational opportunities. For more information about AAAA, please
contact us at:
AAAA
888
16th Street NW, Suite 800
Washington,
D.C. 20006
(202)
355-1399
Proposals
must be submitted electronically by December 14, 2012 to the following:
Matthew
J. Camardella
AAAA President's Corner
AAAA President’s Corner
November 2012
The United States of America
is rapidly becoming a minority-majority, and women, the GBLT community, and the
great diversity in the Generation X must be included in the governance of this
country for us to maintain global leadership status with respect to economics,
education, science, medicine, technology, and employment.
America has to make critical
investments and pay attention to our future leaders and decision makers to
improve the quality of life for everyone.
That is why equal opportunity, affirmative action, and diversity are
imperative tools that go beyond being morally correct. They are necessary to
our nation’s social, economic, and political survival.
Please spread the word to
your friends, colleagues, community organizations and anyone who will listen,
that we will partner with groups and organizations to champion this nation’s
need to authentically address demographic challenges. We salute the University of Texas at Austin
for understanding the demographic reality and its bold admissions policy to
accommodate demographic changes. For
this reason we submitted an Amicus Curie Brief in the Fisher v. University of Texas
Case.
May 6 – 10, 2013, we will host
our 39th Annual Conference (“Diversity on Trial: The Compelling Case
for Affirmative Action in Education and the Workplace.”), in San Antonio,
Texas. Make certain you join us to learn and to make
your voice heard in concert with the AAAA national movement.
Gregory T. Chambers
Big Lots Settles EEOC Sexual Harassment Lawsuit for $155,000
U.S. Equal Employment Opportunity Commission
Press Release 11-27-12
The EEOC's lawsuit charged that the male store manager of the Fort Smith store subjected a class of female employees to sexual harassment, including sexually offensive comments and requests for sexual favors. The lawsuit further charged that after a female employee reported the sexual harassment, Big Lots failed to take the appropriate remedial measures necessary to protect its employees from continued sexual harassment, as the law requires.
Sex discrimination, including sexual harassment, violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Western District of Arkansas, Fort Smith Division (EEOC v. Big Lots Stores, Inc., 2:11-CV-02184-PKH) after first attempting to reach a pre-litigation settlement through its conciliation process.
Besides the monetary relief, the consent decree settling the suit includes:
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/11-27-12a.cfm
Press Release 11-27-12
Male Supervisor at Fort Smith Store Abused a Class of Female Employees, Federal Agency Charged
FORT SMITH, Ark. -- Big Lots Stores, Inc., which operates the Big Lots store at 4900 Rogers Ave. in Fort Smith, will pay $155,000 to four claimants and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.The EEOC's lawsuit charged that the male store manager of the Fort Smith store subjected a class of female employees to sexual harassment, including sexually offensive comments and requests for sexual favors. The lawsuit further charged that after a female employee reported the sexual harassment, Big Lots failed to take the appropriate remedial measures necessary to protect its employees from continued sexual harassment, as the law requires.
Sex discrimination, including sexual harassment, violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Western District of Arkansas, Fort Smith Division (EEOC v. Big Lots Stores, Inc., 2:11-CV-02184-PKH) after first attempting to reach a pre-litigation settlement through its conciliation process.
Besides the monetary relief, the consent decree settling the suit includes:
- provisions for redistribution of Big Lots' harassment-free environment policy;
- mandatory anti-discrimination training;
- notice of the settlement to all Big Lots employees in its Fort Smith store; and
- requirements that the company report future complaints of sexual harassment to the EEOC for one year.
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/11-27-12a.cfm
Texas State Agencies to Pay $175,000 to Settle EEOC and DOJ Wage Discrimination Suits
U.S. Equal Employment Opportunity Commission
PRESS RELEASE 11-19-12
The federal agencies sued the Texas Department of Agriculture and the Texas General Land Office for wage discrimination suffered by former female employees of the now-defunct Texas Department of Rural Affairs (TDRA). The EEOC, which has litigation authority against state and local governments pursuant to the Equal Pay Act of 1963 (EPA), which is part of the Fair Labor Standards Act (FLSA), charged that TDRA paid a former program specialist lower wages than it paid to a comparable male employee in the same division, for substantially equal work, the performance of which required equal skill, effort, and responsibility, and which was performed under similar working conditions.
The parallel lawsuit filed by DOJ, which has litigation authority with respect to Title VII of the Civil Rights Act of 1964 for governmental employers, alleged that three female TDRA employees were subjected to wage discrimination because of their sex and terminated in retaliation for complaining about the unfairness. Sex-based wage discrimination and retaliation violate both the EPA and Title VII.
Given the common aspects of the claims, the two lawsuits were consolidated as EEOC and United States of America v. Texas Department of Agriculture and Texas General Land Office, Case No. A-11-CA-827 LY in U.S. District Court for the Western District of Texas, Austin Division.
Judge Lee Yeakel has signed and approved a settlement requiring the Texas departments to pay $175,000 to three female employees who were paid less than their male counterparts, representing back pay as compensation for the difference in wages.
EEOC General Counsel David Lopez said, "This case highlights the fact that there is still much work to be done in the area of equal pay, 49 years after the Equal Pay Act was enacted. This resolution reflects the EEOC's commitment to work collaboratively with its governmental partner to enforce laws that require equal pay for men and women performing the same jobs."
Thomas E. Perez, assistant attorney general for the DOJ's Civil Rights Division, added, "The Department of Justice shares with EEOC a strong commitment to the principle of equal pay for equal work. This settlement demonstrates that commitment and makes clear that women cannot be paid less than men who do substantially similar work. We look forward to our continued collaboration with the EEOC to enforce the fundamental promise of our civil rights laws."
"Equal pay for equal work is a matter of common decency and common sense," said Patrick Connor, trial attorney for the EEOC's San Antonio Field Office. "Equal pay is about fairness for everyone, not just women. The EEOC and the DOJ worked hand in hand to bring about the common goals of the Equal Pay Act and Title VII, and to ensure a deserved result for these women based on their qualifications, skills and contributions."
The EEOC and DOJ are both responsible for enforcing federal laws prohibiting discrimination in employment. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/11-19-12a.cfm
PRESS RELEASE 11-19-12
Female Program Specialists Paid Less Than Male Counterparts, Federal Lawsuits Charged
AUSTIN, Texas - Two Texas state agencies will pay $175,000 to settle sex discrimination lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice's (DOJ) Civil Rights Division, the federal entities announced today. The EEOC and DOJ had charged the state agencies with responsibility for gender-based pay discrimination at another, now-defunct, state agency.The federal agencies sued the Texas Department of Agriculture and the Texas General Land Office for wage discrimination suffered by former female employees of the now-defunct Texas Department of Rural Affairs (TDRA). The EEOC, which has litigation authority against state and local governments pursuant to the Equal Pay Act of 1963 (EPA), which is part of the Fair Labor Standards Act (FLSA), charged that TDRA paid a former program specialist lower wages than it paid to a comparable male employee in the same division, for substantially equal work, the performance of which required equal skill, effort, and responsibility, and which was performed under similar working conditions.
The parallel lawsuit filed by DOJ, which has litigation authority with respect to Title VII of the Civil Rights Act of 1964 for governmental employers, alleged that three female TDRA employees were subjected to wage discrimination because of their sex and terminated in retaliation for complaining about the unfairness. Sex-based wage discrimination and retaliation violate both the EPA and Title VII.
Given the common aspects of the claims, the two lawsuits were consolidated as EEOC and United States of America v. Texas Department of Agriculture and Texas General Land Office, Case No. A-11-CA-827 LY in U.S. District Court for the Western District of Texas, Austin Division.
Judge Lee Yeakel has signed and approved a settlement requiring the Texas departments to pay $175,000 to three female employees who were paid less than their male counterparts, representing back pay as compensation for the difference in wages.
EEOC General Counsel David Lopez said, "This case highlights the fact that there is still much work to be done in the area of equal pay, 49 years after the Equal Pay Act was enacted. This resolution reflects the EEOC's commitment to work collaboratively with its governmental partner to enforce laws that require equal pay for men and women performing the same jobs."
Thomas E. Perez, assistant attorney general for the DOJ's Civil Rights Division, added, "The Department of Justice shares with EEOC a strong commitment to the principle of equal pay for equal work. This settlement demonstrates that commitment and makes clear that women cannot be paid less than men who do substantially similar work. We look forward to our continued collaboration with the EEOC to enforce the fundamental promise of our civil rights laws."
"Equal pay for equal work is a matter of common decency and common sense," said Patrick Connor, trial attorney for the EEOC's San Antonio Field Office. "Equal pay is about fairness for everyone, not just women. The EEOC and the DOJ worked hand in hand to bring about the common goals of the Equal Pay Act and Title VII, and to ensure a deserved result for these women based on their qualifications, skills and contributions."
The EEOC and DOJ are both responsible for enforcing federal laws prohibiting discrimination in employment. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/11-19-12a.cfm
EEOC Releases Performance and Accountability Report Under New Strategic Plan
U.S. Equal Employment Opportunity Commission
PRESS RELEASE 11-19-12
The Strategic Plan has three objectives: strategic law enforcement, education and outreach, and efficiently serving the public.
Under the first objective of strategic law enforcement, the EEOC secured a historic monetary recovery through is private sector administrative enforcement--$365.4 million-the highest level of monetary relief ever. Administrative enforcement includes mediation, settlements, withdrawals with benefits and conciliation. Approximately 10 percent of this amount--$36 million-- came from investigations and conciliations of systemic charges of discrimination, four times the amount received in the previous fiscal year.
Additionally, the Commission recovered $44.2 million through its litigation program, as well as securing injunctive relief against discriminatory practices affecting a large number of employees. Fully 20 percent of the cases on the agency's litigation docket were systemic cases. Overall, there were a total of 122 lawsuits on the merits filed by Commission offices nationwide.
Under the rubric of efficiently serving the public, for the second consecutive year, the pending inventory was reduced significantly. During fiscal year 2012, the Commission resolved a total of 111,139 charges, and by year end, the total number of unresolved private sector charges totaled 70,312. From the beginning of fiscal year 2011 to the end of fiscal year 2012, the total number of unresolved charges has declined by nearly 20 percent. This reduction is notable because it occurred at a time of record charge receipts.
For the third consecutive year, the EEOC received nearly 100,000 charges of discrimination (99,412 charges in fiscal year 2012). A more detailed breakdown of the fiscal year 2012 charge receipts and litigation will be released at a later date.
The EEOC also made strides in its federal sector programs where it provides administrative judges to hear employee complaints of discrimination upon request, and also adjudicates appeals from final agency decisions. In fiscal year 2012, the EEOC secured more than $61.9 million in relief for parties who requested hearings in the federal sector. There were a total of 7,728 requests for hearings received and the Commission's hearings program resolved a total of 7,538 complaints. During the last fiscal year, the EEOC received 4,350 appeals of final agency actions in the federal sector, a 16 percent decrease from the 5,176 such appeals received in FY 2011. This offsets the 13.8 percent increase that occurred between fiscal years 2010 and 2011.
With respect to the objective of education and outreach, EEOC offices participated in 3,992 no-cost educational, training, and outreach events, reaching 318,838 persons in the past fiscal year. These efforts targeted small businesses, vulnerable workers, underserved geographic areas and communities, and emphasized new statutory responsibilities, issues related to migrant workers, human trafficking and youth, and equal pay in the workplace.
The EEOC enforces federal laws prohibiting employment discrimination. More information about the EEOC is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/11-19-12.cfm
PRESS RELEASE 11-19-12
Performance Now Measured Against Three Strategic Objectives; Past Fiscal Year Saw Record Reduction in Charge Inventory and Monetary Recovery in Administrative Process
WASHINGTON-The U.S. Equal Employment Opportunity Commission (EEOC) finished fiscal year 2012 with record high monetary recoveries for victims of discrimination, as well as a significant decrease in its inventory of pending cases, the agency announced in its Performance and Accountability Report (PAR) released Nov. 16. This is the first performance report compiled under the standards of the EEOC's new Strategic Plan adopted on February 22, 2012, after comprehensive review and significant public input. The new plan took effect in March, 2012.The Strategic Plan has three objectives: strategic law enforcement, education and outreach, and efficiently serving the public.
Under the first objective of strategic law enforcement, the EEOC secured a historic monetary recovery through is private sector administrative enforcement--$365.4 million-the highest level of monetary relief ever. Administrative enforcement includes mediation, settlements, withdrawals with benefits and conciliation. Approximately 10 percent of this amount--$36 million-- came from investigations and conciliations of systemic charges of discrimination, four times the amount received in the previous fiscal year.
Additionally, the Commission recovered $44.2 million through its litigation program, as well as securing injunctive relief against discriminatory practices affecting a large number of employees. Fully 20 percent of the cases on the agency's litigation docket were systemic cases. Overall, there were a total of 122 lawsuits on the merits filed by Commission offices nationwide.
Under the rubric of efficiently serving the public, for the second consecutive year, the pending inventory was reduced significantly. During fiscal year 2012, the Commission resolved a total of 111,139 charges, and by year end, the total number of unresolved private sector charges totaled 70,312. From the beginning of fiscal year 2011 to the end of fiscal year 2012, the total number of unresolved charges has declined by nearly 20 percent. This reduction is notable because it occurred at a time of record charge receipts.
For the third consecutive year, the EEOC received nearly 100,000 charges of discrimination (99,412 charges in fiscal year 2012). A more detailed breakdown of the fiscal year 2012 charge receipts and litigation will be released at a later date.
The EEOC also made strides in its federal sector programs where it provides administrative judges to hear employee complaints of discrimination upon request, and also adjudicates appeals from final agency decisions. In fiscal year 2012, the EEOC secured more than $61.9 million in relief for parties who requested hearings in the federal sector. There were a total of 7,728 requests for hearings received and the Commission's hearings program resolved a total of 7,538 complaints. During the last fiscal year, the EEOC received 4,350 appeals of final agency actions in the federal sector, a 16 percent decrease from the 5,176 such appeals received in FY 2011. This offsets the 13.8 percent increase that occurred between fiscal years 2010 and 2011.
With respect to the objective of education and outreach, EEOC offices participated in 3,992 no-cost educational, training, and outreach events, reaching 318,838 persons in the past fiscal year. These efforts targeted small businesses, vulnerable workers, underserved geographic areas and communities, and emphasized new statutory responsibilities, issues related to migrant workers, human trafficking and youth, and equal pay in the workplace.
The EEOC enforces federal laws prohibiting employment discrimination. More information about the EEOC is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/11-19-12.cfm
Appeals Court Bars Michigan Ban on College Affirmative Action
Law.com
By Sheri Qualters
A Michigan law banning race-conscious admissions policies at the state's universities is unconstitutional, the U.S. Court of Appeals for the Sixth Circuit has ruled.
Judge Guy Cole Jr. wrote the majority opinion for a split en banc court in the November 15 ruling in Coalition to Defend Affirmative Action v. Regents of the University of Michigan.
The decision reversed a March 2008 ruling by Judge David Lawson of the Eastern District of Michigan District that found constitutional a ballot initiative that amended the Michigan constitution to prohibit affirmative action. In November 2006, Michigan voters passed the ballot initiative, known as Proposal 2, by a margin of 58 percent to 42 percent.
Full Story: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202578845752&Appeals_Court_Bars_Michigan_Ban_on_College_Affirmative_Action&slreturn=20121027130048
By Sheri Qualters
The National Law Journal
November 20, 2012
A Michigan law banning race-conscious admissions policies at the state's universities is unconstitutional, the U.S. Court of Appeals for the Sixth Circuit has ruled.
Judge Guy Cole Jr. wrote the majority opinion for a split en banc court in the November 15 ruling in Coalition to Defend Affirmative Action v. Regents of the University of Michigan.
The decision reversed a March 2008 ruling by Judge David Lawson of the Eastern District of Michigan District that found constitutional a ballot initiative that amended the Michigan constitution to prohibit affirmative action. In November 2006, Michigan voters passed the ballot initiative, known as Proposal 2, by a margin of 58 percent to 42 percent.
Full Story: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202578845752&Appeals_Court_Bars_Michigan_Ban_on_College_Affirmative_Action&slreturn=20121027130048
As talk of affirmative action heats up, Asians contemplate their position
NPR - KPCC
Southern California Public Radio
By Andrea Hsu | NPR |
Southern California Public Radio
By Andrea Hsu | NPR |
Affirmative Action's Push-Pull on Diversity in Higher Education
Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College
Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.
Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College
Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.
Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
Supreme Court affirmative action ruling won’t affect UTD
The Mercury
Posted: Monday, November 26, 2012 11:46 am
Posted: Monday, November 26, 2012 11:46 am
The U.S. Supreme Court’s decision of Fisher v. University of Texas, when implemented, will not affect UTD.
The case involves the legality of affirmative action, an option that encourages employers and admission committees to increase the representation of minority groups in companies and schools. Plaintiff Abigail Fisher filed her lawsuit against UT Austin in 2008 because she believed the university did not admit her because she is white. Because Fisher did not fall under the top 10 percent of her graduating class, admission factors were based on leadership roles, extracurricular activities, volunteering, SAT scores and, according to Fisher, race.
Mary Sue Coleman: Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy
AnnArbor.com
University of Michigan President Mary Sue Coleman said Monday that the institution would take a "wait and see attitude" on affirmative action.
Coleman's statement comes less than two weeks after a federal appellate court, in an 8-7 vote, struck down a voter-approved 2006 constitutional amendment that banned affirmative action practices by Michigan's 15 public colleges.
Mary Sue Coleman
Daniel Brenner | AnnArbor.com
BSU awaits affirmative action ruling
The Star Press
November 25, 2012
Several hundred scholarships awarded to out-of-state minorities could be impacted by the U.S. Supreme Court
MUNCIE — Ball State University might not be able to continue to award Academic Recognition Awards to out-of-state minority students after the U.S. Supreme Court issues a ruling in Fisher v. Texas.
The court could constitutionally end affirmative action as a public policy in its upcoming ruling, which would affect universities and colleges
throughout the country.
http://www.thestarpress.com/article/20121126/NEWS01/311260012?nclick_check=1
November 25, 2012
Several hundred scholarships awarded to out-of-state minorities could be impacted by the U.S. Supreme Court
MUNCIE — Ball State University might not be able to continue to award Academic Recognition Awards to out-of-state minority students after the U.S. Supreme Court issues a ruling in Fisher v. Texas.
The court could constitutionally end affirmative action as a public policy in its upcoming ruling, which would affect universities and colleges
throughout the country.http://www.thestarpress.com/article/20121126/NEWS01/311260012?nclick_check=1
OFCCP sends “heads-up” letters for audits to contractors
Lexology
Ogletree Deakins
Leigh M. Nason
USA
Ogletree Deakins
The Office of Federal Contract Compliance Programs (OFCCP) has begun sending Corporate Scheduling Announcement Letters (CSALs) to federal contractors, giving them a “heads-up” warning of a possible compliance review or audit by OFCCP. Although OFCCP claimed this summer that it would post future notifications online, these recent letters were sent to contractors by mail.
Full Story: http://www.lexology.com/library/detail.aspx?g=97a13075-9394-47cd-a8ac-64fe1e9c8af7
Full Story: http://www.lexology.com/library/detail.aspx?g=97a13075-9394-47cd-a8ac-64fe1e9c8af7
United States: ARB Rejects OFCCP's Claim Of Jurisdiction Based On Florida Hospital's TRICARE Participation
Mondaq
30 October 2012
Article by David J. Goldstein
For nearly four years, the Office of Federal Contract Compliance Programs
(OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers
based on the theory that providers participating in, and receiving more than
$50,000 in reimbursement from, the Department of Defense's TRICARE program
qualify as federal government subcontractors who are required to comply with the
agency's regulations. Even when Congress passed legislation in December 2011that
appears designed to reject OFCCP's position, the agency's director, Patricia
Shiu, responded that "this is not over yet."
Full Story: http://www.mondaq.com/unitedstates/x/203898/Healthcare/ARB+Rejects+OFCCPs+Claim+of+Jurisdiction+based+on+Florida+Hospitals+TRICARE+Participation
Full Story: http://www.mondaq.com/unitedstates/x/203898/Healthcare/ARB+Rejects+OFCCPs+Claim+of+Jurisdiction+based+on+Florida+Hospitals+TRICARE+Participation
EEOC Announces Record Recoveries
Security Management
11/26/2012 -
The Equal Employment Opportunity Commission (EEOC) has announced that the agency recovered a record amount of money for victims of discrimination in fiscal year 2012. The EEOC released the numbers as part of its first Performance and Accountability Report. (The report will be released annually going forward as part of the EEOC’s new strategic plan.)
The report notes that the EEOC obtained $365.4 million in private sector administrative enforcement, which includes mediation, settlements, and benefits.
Full Story: http://www.securitymanagement.com/news/eeoc-announces-record-recoveries-0011062
The Equal Employment Opportunity Commission (EEOC) has announced that the agency recovered a record amount of money for victims of discrimination in fiscal year 2012. The EEOC released the numbers as part of its first Performance and Accountability Report. (The report will be released annually going forward as part of the EEOC’s new strategic plan.)
The report notes that the EEOC obtained $365.4 million in private sector administrative enforcement, which includes mediation, settlements, and benefits.
Full Story: http://www.securitymanagement.com/news/eeoc-announces-record-recoveries-0011062
Q&A: Slowly But Surely, OFCCP Will Pursue Major Reforms
Bloomberg BNA
Tuesday, November 20, 2012
by Lydell C. Bridgeford
Matthew J. Camardella, a partner at Jackson Lewis, LLP, talks about the Office of Federal Contract Compliance Programs under the Obama administration's second term, pre-employment tests, and the potential effects of a new Census Bureau data tool on affirmative action planning.
Two days after the 2012 presidential election, Bloomberg BNA spoke with Camardella shortly before he presented an affirmative action update at a government contractor symposium sponsored by the law firm's Washington, D.C. region office.
"Given the fact that President Obama won the election, the leadership at the OFCCP is likely to stay in place," Camardella, a partner in the firm's Long Island, N.Y. office, told participants at the Bethesda, Md. event.
Full Story: http://www.bna.com/qa-slowly-surely-b17179871004/
Tuesday, November 20, 2012
by Lydell C. Bridgeford
"Given the fact that President Obama won the election, the leadership at the OFCCP is likely to stay in place," Camardella, a partner in the firm's Long Island, N.Y. office, told participants at the Bethesda, Md. event.
Full Story: http://www.bna.com/qa-slowly-surely-b17179871004/
Tip: don't blame a pregnant woman's "hormones" for job performance before firing her
Lexology
Zuckerman Spaeder LLP
William A. Schreiner, Jr.
USA
November 15 2012
Full Story: http://www.lexology.com/library/detail.aspx?g=3bb6af7a-3698-426e-866a-ce769650205d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-11-27&utm_term=
Zuckerman Spaeder LLP
Let’s start this story with a basic truth: it’s generally a bad idea to tell a pregnant woman that her hormones will make her “get emotional” and get “caught up in things” in a way that affects her judgment.
You need not take this from me as a lawyer-blogger. Take it from me as a guy whose wife is pregnant with our first child. Blaming anything in our house on pregnancy hormones is a one-way ticket to the basement couch.Full Story: http://www.lexology.com/library/detail.aspx?g=3bb6af7a-3698-426e-866a-ce769650205d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-11-27&utm_term=
Tuesday, November 20, 2012
Appeals Court Bars Michigan Ban on College Affirmative Action
"A Michigan law banning race-conscious admissions policies at the state's universities is unconstitutional, the U.S. Court of Appeals for the Sixth Circuit has ruled."
Sheri Qualters
Full story:
http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202578845752&Appeals_Court_Bars_Michigan_Ban_on_College_Affirmative_Action&slreturn=20121020094924
Sheri Qualters
Full story:
http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202578845752&Appeals_Court_Bars_Michigan_Ban_on_College_Affirmative_Action&slreturn=20121020094924
Thursday, November 8, 2012
With the results of Tuesday's election, groundbreaking progress has been made towards a better future for America.
Jake Miller, from CBS News reports:
"By many measures, 2012 saw the most diverse electorate in history turn out to the polls. 2013, as a result, will see the most diverse U.S. Congress in history assume office."
http://www.cbsnews.com/8301-250_162-57547051/women-latinos-record-numbers-in-congress/
However, Oklahoma has not been so progressive.
"Voters in all but one of Oklahoma's 77 counties approved a constitutional amendment that wipes out affirmative action in state government hiring, education and contracting practices."
http://www.chron.com/news/article/76-of-77-counties-OK-Okla-affirmative-action-ban-4018227.php
Jake Miller, from CBS News reports:
"By many measures, 2012 saw the most diverse electorate in history turn out to the polls. 2013, as a result, will see the most diverse U.S. Congress in history assume office."
http://www.cbsnews.com/8301-250_162-57547051/women-latinos-record-numbers-in-congress/
However, Oklahoma has not been so progressive.
"Voters in all but one of Oklahoma's 77 counties approved a constitutional amendment that wipes out affirmative action in state government hiring, education and contracting practices."
http://www.chron.com/news/article/76-of-77-counties-OK-Okla-affirmative-action-ban-4018227.php
Friday, November 2, 2012
Alabama Simmers Before Vote on Its Constitution’s Racist Language
New York Times
Campbell Robertson
"If a constitution is a deal between a government and its people, few people have been swindled quite as flagrantly as the black residents of rural Alabama in 1901. Not only was the State Constitution written that year with the primary goal of disenfranchising them, but their votes were almost certainly stolen to adopt it."
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