J.C. Watts talks about bringing ethnic diversity to the GOP

The Washington Times Community
Tuesday, June 18, 2013 - Richard Ivory Gives Voice by Richard Ivory

WASHINGTON, June 18, 2013 — There is much talk in Republican circles these days about growing the party especially after the results of the 2012 election. The rapid demographic shift happening in the country is the biggest threat to the party’s survival. The problem is that the nation is getting more diverse while Republicans are not.


Read more: http://communities.washingtontimes.com/neighborhood/richard-ivory-gives-voice/2013/jun/18/q-jc-watts/#ixzz2WbHyoa3m
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IRS To Hire ‘Diversity and Inclusion Specialist’ At $123,758 Salary

Wizbang
June 18, 2013 |

After repeated scandals, the IRS is looking to hire a new “Diversity and Inclusion Specialist” and is offering a generous $123,758 annual salary plus benefits.
The opening was announced on June 11 and will be advertised until June 24.

Full Story: http://wizbangblog.com/2013/06/18/irs-to-hire-diversity-and-inclusion-specialist-at-123758-salary/

Discrimination against pregnant workers has been rising, report says

The Washington Post

By Brigid Schulte, Published: June 17

 

Thirty-five years after Congress passed a federal law to protect pregnant women from discrimination on the job, these workers are instead denied reasonable accommodations that other workers receive and often wind up losing income, benefits or their jobs or suffering pregnancy complications, according to a report released Tuesday.The report, “It Shouldn’t Be a Heavy Lift: Fair Treatment for Pregnant Workers,” by the National Women’s Law Center and A Better Balance, finds that while workers with back trouble or other ailments often receive accommodations on the job, pregnant workers are routinely denied bathroom breaks and requests to avoid heavy lifting or to sit down for a while on long shifts.

Full Story: http://www.washingtonpost.com/local/discrimination-against-pregnant-workers-has-been-rising-report-says/2013/06/17/118937f8-d79c-11e2-a9f2-42ee3912ae0e_story.html

Statement of the American Association for Affirmative Action on Supreme Court’s Impending Decision in the Fisher v. University of Texas Case

Watchlist News
June 11th, 2013

In anticipation of the U.S. Supreme Court's imminent decision in the affirmative action case of Fisher v. University of Texas the American Association for Affirmative Action, an organization of equal opportunity, affirmative action and diversity professionals, urges the Court to follow its own precedent in the Grutter v. Bollinger case in 2003 and continue to hold that diversity in higher education admissions is a compelling state interest. Colleges and universities should be able to consider the whole student, including a student's race among many factors, to determine who is admitted.

Washington, D.C. (PRWEB) June 11, 2013

 

In anticipation of the U.S. Supreme Court's imminent decision in the affirmative action case of Fisher v. University of Texas the American Association for Affirmative Action, an organization of equal opportunity, affirmative action and diversity professionals, urges the Court to follow its own precedent in the Grutter v. Bollinger case in 2003 and continue to hold that diversity in higher education admissions is a compelling state interest. Colleges and universities should be able to consider the whole student, including a student's race among many factors, to determine who is admitted.

AAAA President Gregory T. Chambers stated: "Now that the Supreme Court has decided to revisit the question of race in admissions decisions, an issue that we hoped had been decided in 2003, we urge the Court to respect its own precedent and uphold the use of race among many factors in higher education admissions."
AAAA's amicus brief filed in August of 2012 makes several fundamental arguments. First, the association urges that the consideration of race as a factor in admissions must not be subjected to a level of review that is strict in theory but fatal in fact. The Constitution permits and protects the University of Texas at Austin's holistic consideration of each applicant's complete identity as part of an admissions process Intended to achieve diversity in the educational setting. AAAA counsel David Goldstein of the Littler law firm in Minneapolis, MN stated: "The University of Texas at Austin has worked hard to develop a fair and inclusive admissions program that contributes to diversity on campus in the broadest sense of the word without unfairly burdening anyone. The Supreme Court should not substitute its policy preferences for the carefully made determinations of the University and the Texas legislature to which the University is directly accountable."
Second, AAAA submits that the State of Texas has a compelling interest in securing the educational and workplace benefits that flow from diversity. In deciding the 2003 case against the University of Michigan, Grutter v. Bollinger, the Supreme Court upheld the notion that diversity in higher education admissions was a compelling state interest – a requirement to meet constitutional muster. In the Texas case, the university has amply shown that it has a compelling interest in having a diverse student body. Moreover, the state's employers and tax base depend on having well-educated individuals of all races.
Third, AAAA argues that the steps the University took to promote diversity were "narrowly tailored," – another constitutional requirement – and necessary to achieve the compelling state interest. Texas made an extraordinary effort to research and demonstrate the need to add race as a consideration in admissions. Moreover, so-called race-neutral measures are never truly race-neutral. Admissions criteria such as test scores have inherent biases and a have statistically significant adverse impact on African-American and Hispanic students. "Lower standardized test scores do not mean that minorities are academically inferior and unable to compete in an academically competitive environment," said AAAA Co-Counsel Dean Sparlin.
Lastly, AAAA takes issue with critics of diversity programs who allege that Socioeconomic Status (SES) or class is a proper alternative to race as a factor in admissions. Race matters and substituting economic disadvantage for race does not compensate; it will result in fewer disadvantaged minorities entering competitive colleges and universities. Low SES has not been the basis for the systematic exclusion of students from higher education; race and ethnicity have.
AAAA President Gregory T. Chambers added: "This nation is becoming increasingly diverse and it is not the time to close the doors of opportunity based on race or national origin. The nation's future depends upon all qualified individuals receiving a chance to compete in education, employment and business."
Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA assists its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2013/6/prweb10819750.htm

Supreme Court considers landmark equality cases

The Seattle Times
Originally published June 16, 2013 at 7:03 PM | Page modified June 17, 2013 at 7:21 AM

In rulings expected over the next two weeks, the justices will weigh in on California’s Prop. 8, along with the federal Defense of Marriage Act, Voting Rights Act and affirmative action.

Full Story: http://seattletimes.com/html/nationworld/2021206088_scotusequalityxml.html

Affirmative Action Has Helped White Women More Than Anyone

Time.com
By Sally KohnJune 17, 2013

In the coming days, the Supreme Court is expected to rule in a potentially landmark case on the constitutionality of affirmative action. The original lawsuit was filed on behalf of Abigail Fisher, a woman who claims that she was denied admission to the University of Texas because she is white. But study after study shows that affirmative action helps white women as much or even more than it helps men and women of color. Ironically, Fisher is exactly the kind of person affirmative actions most helps in America today.

Read more: http://ideas.time.com/2013/06/17/affirmative-action-has-helped-white-women-more-than-anyone/#ixzz2WbFHaJfX

SCOTUS And Affirmative Action: Who Is Abigail Fisher?

NPR
The Supreme Court is weighing a decision on Abigail Fisher's affirmative action case against the University of Texas. Host Michel Martin speaks with ProPublica writer Nikole Hannah-Jones about Fisher's motivation and what's behind the landmark case.

To see the transcript and hear the discussion, click here: http://www.npr.org/templates/story/story.php?storyId=192703172

Shift in Power? Census Reports More White Deaths Than Births in 2012

Diversityinc.com
By Chris Hoenig

For the first time in more than a century, 2012 brought more deaths than births among non-Hispanic whites in the United States. While the difference was small—only about 12,000 out of a population of more than 200 million—it marks the start of a trend that is only supposed to pick up steam as the country’s population ages.

Full Story: http://www.diversityinc.rsvp1.com/diversity-and-inclusion/shift-in-power-census-reports-more-white-deaths-than-births-in-2012/

SLIDESHOW: The 5 ‘Majority-Minority’ States

Diversityinc.com

http://www.diversityinc.rsvp1.com/diversity-and-inclusion/slideshow-the-5-majority-minority-states/

Affirmative action ruling contest: race vs. class

The Boston Globe
By JUSTIN POPE / AP Education Writer / June 17, 2013

In post-Great Recession America, which is the bigger barrier to opportunity — race or class?

A decade ago, the U.S. Supreme Court kept the focus on race as a barrier, upholding the right of colleges to make limited use of racial preferences to ensure a diverse student body. But in a ruling due this month, the court is widely expected to roll back that decision. Such an outcome would shift attention more toward a less constitutionally controversial practice: giving a boost to socio-economically disadvantaged students, regardless of race.

 

Full Story: http://www.boston.com/business/news/2013/06/17/affirmative-action-ruling-contest-race-class/pSgmOZwbTY5M2ktncfvzOL/singlepage.html

Race vs. Class: The False Dichotomy

The New York Times

By SHERRILYN A. IFILL Published: June 13, 2013

No, the Supreme Court has not yet announced its decision in the landmark case of Fisher v. University of Texas; that ruling is expected any day now. But an alarming number of scholars, pundits and columnists — many of them liberal — have declared that economic class, not race, should be the appropriate focus of university affirmative-action efforts.

How can we explain this decision to throw in the towel on race-based affirmative action? Are we witnessing a surrender in advance of sure defeat? Or just an early weariness with a debate that, a decade ago, Justice Sandra Day O’Connor predicted would last another 25 years?

 

Full Story:http://www.nytimes.com/2013/06/14/opinion/race-vs-class-the-false-dichotomy.html?_r=4&

The Fisher Conundrum: Class vs. Diversity and Inclusion

An Opinion
Shirley J. Wilcher
Executive Director, AAAA
June 17, 2013

The debate surrounding the Fisher v. University of Texas affirmative action case has unleashed a cacophony of voices urging colleges and universities to replace race as a factor in college admissions with class or socio-economic status (SES).  The latest opinion writer to join the call for “class vs. race” is Justin Pope (“Affirmative action ruling contest: race vs. class,” AP, June 16, 2013, published in the Boston Globe).  Pope writes, “As a barrier to opportunity, class is getting more attention, while race is fading.”  He also notes that the Supreme Court’s emphasis has changed or will change in Fisher and that on college campuses students are more vocal about class divisions than they are about race. 

Whether the “conversation has shifted” in the media or on college campuses is, frankly, irrelevant.  The reality is that race continues to be a barrier to equal opportunity in education as well as in employment and contracting.  As Justice Blackmun wrote in the Bakke decision (1978), “In order to get beyond racism we must first take account of race.  There is no other way.”  The merits of taking race into account in university admissions should never be determined by whether this policy is the “flavor of the month.”  Moreover, the palpable backlash against diversity programs does not suggest their lack of importance.  If that were the case, the Supreme Court would never have handed down the Brown v. Board of Education decision in 1954. 

Popularity has little to do with justice and equality.  The “Tyranny of the Majority” must always be viewed with caution when one considers the constitutionality or morality of a law or policy.  California’s Proposition 209 and Michigan’s Proposal 2, both of which outlawed taking race into account in university admissions, inter alia, are the embodiment of such tyranny by those who, for fear of losing a presumed advantage in college admissions have severely limited the educational opportunities of an ever growing population of minorities.  What the majority of voters failed to understand was that diversity programs benefit everyone.  Equal opportunity is not a Zero-Sum game.

The mantra of “Class vs. Race” is merely the latest salvo against equal opportunity programs in admissions.  Those with wealth and privilege have been the majority of students attending selective colleges and universities since 1636.  Urging the Academy to diversify its student body by considering socio-economic status as well as race, athletic ability, musical ability, geographic diversity and host of other factors, is a laudable effort.  To substitute race with class is not.   

First, with the sheer number of low-income white students, the proportion of minorities in this pool will decrease.  Those who champion the “class vs. race” argument understand and yet accept this outcome.  Secondly to assert that “wealthy” blacks, for instance, should not receive a “preference” is to ignore the reality that there are very few so-called wealthy blacks and that given the well-documented wealth gap, the “wealth” of African Americans pales in comparison with that of their white counterparts.  As important, research has shown that middle-class students of color are more likely to perform as well as their white peers than their less well-prepared counterparts. 

In addition, while we assume that low SES minorities are as prepared to perform in competitive colleges as their low-SES white counterparts, the opposite is the case.   As we noted in our Fisher amicus brief, “Research shows that whites outperform underrepresented minorities in standardized testing within income groups.”  Low SES plus race has a more disadvantaging effect than SES alone.  Lastly, if one removes race from among the many factors used in college admissions, the chances of a white student being admitted increase by only approximately 1.6 points.  (Goodwin Liu, “The Myth and Math of Affirmative Action, Washington Post, April 14, 2002 at B1.)

Abandoning race as a factor would worsen the racial divide in higher education. 

There is no reason why colleges and universities cannot use both race and socio-economic status in determining the best student body.  Class as an admissions factor should not obliterate the opportunities conferred by the Fourteenth Amendment to its intended beneficiaries -- even if it is popular.

Where Do Americans Stand on Affirmative Action?

The American Prospect
Jamelle Bouie

June 13, 2013

Whites hate it, everyone else supports it.

The last week or so has seen several polls on the popularity of affirmative action, as a preface (of sorts) to the Supreme Court’s anticipated ruling in Fisher v. University of Texas. But major differences between the polls make it difficult to judge where Americans stand on racial preferences
One survey from The Washington Post and ABC News, for example, found a huge, diverse majority against “allowing universities to consider applicants race as a factor in deciding which students to admit.”

Full Story: http://prospect.org/article/where-do-americans-stand-affirmative-action

Be careful what you ask for: EEOC aggressively pursues new GINA litigation

Lexology

Arent Fox LLP

Michael L. Stevens and Karen S. Vladeck

USA

June 7 2013

 

GINA Background

The Genetic Information Nondiscrimination Act (GINA or the Act), which generally prohibits genetic information discrimination in employment, took effect for employers with more than 15 employees on November 21, 2009. The Act forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. The theory behind GINA is that an employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work — even if it may affect his or her future ability.

Full Story: http://www.lexology.com/library/detail.aspx?g=8cc6b35f-8b4b-4dca-9cb1-493acf6eb26a&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-13&utm_term=

EEOC’s strategic enforcement plan: forewarned is forearmed!

Lexology

Briggs and Morgan

Neal T. Buethe

USA

June 7 2013

 

An employer is more likely to deal with a discrimination claim originating from the EEOC than ever encounter a private civil action alleging discrimination.  That is the basic idea behind the establishment of the EEOC:  to provide a government agency as the first step for judging the merits of employment discrimination claims and guiding employers in order to avoid enforcement problems.  The winnowing effect of EEOC enforcement decisions and the preventative impact of EEOC guidance benefit good employers.  But like any institution, the EEOC’s energies and objectives can wax, wane, and refocus.  Given the renewed federal enforcement initiative of the Obama administration’s second term, what is the EEOC’s focus during the next four years?

 

Full Story: http://www.lexology.com/library/detail.aspx?g=97784292-6dd6-4da8-9b07-4e140949a032&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-13&utm_term=

Why would employees tease about nooses in 2013?

Lexology

Fisher & Phillips LLP

Howard A. Mavity

USA

June 1 2013

 

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960.

It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, let alone when it apparently, in fact, happened. Such a situation is a nightmare for an employer, and to state the obvious, should never have occurred. But never say that “it couldn’t happen in my company.”

Full Story: http://www.lexology.com/library/detail.aspx?g=2a4274ce-f1cf-482f-9d78-6bfe33bed5b5&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-13&utm_term=

Wide majority opposes race-based college admissions programs, Post-ABC poll finds

The Washington Post
By Scott Clement,

Scott Clement

Jun 12, 2013 04:00 AM EDT

 

The Washington Post

Published: June 11 | Updated: Wednesday, June 12, 12:00 AM E-mail the writer

Americans overwhelmingly oppose race-based college admissions and support extending federal benefits to same-sex couples, according to a new Washington Post-ABC News poll that finds broad public agreement on issues awaiting Supreme Court decisions this month.
Three quarters of Americans, 76 percent, oppose allowing universities to consider race when selecting students, the key element in affirmative-action programs in universities nationwide.

Full Story: http://www.washingtonpost.com/politics/2013/06/11/4aee6cf8-d2b9-11e2-8cbe-1bcbee06f8f8_story.html

Statement of the American Association for Affirmative Action on Supreme Court’s Impending Decision in the Fisher v. University of Texas Case

Watchlist News
June 11th, 2013 

In anticipation of the U.S. Supreme Court's imminent decision in the affirmative action case of Fisher v. University of Texas the American Association for Affirmative Action, an organization of equal opportunity, affirmative action and diversity professionals, urges the Court to follow its own precedent in the Grutter v. Bollinger case in 2003 and continue to hold that diversity in higher education admissions is a compelling state interest. Colleges and universities should be able to consider the whole student, including a student's race among many factors, to determine who is admitted.

Washington, D.C. (PRWEB) June 11, 2013

 

In anticipation of the U.S. Supreme Court's imminent decision in the affirmative action case of Fisher v. University of Texas the American Association for Affirmative Action, an organization of equal opportunity, affirmative action and diversity professionals, urges the Court to follow its own precedent in the Grutter v. Bollinger case in 2003 and continue to hold that diversity in higher education admissions is a compelling state interest. Colleges and universities should be able to consider the whole student, including a student's race among many factors, to determine who is admitted.

AAAA President Gregory T. Chambers stated: "Now that the Supreme Court has decided to revisit the question of race in admissions decisions, an issue that we hoped had been decided in 2003, we urge the Court to respect its own precedent and uphold the use of race among many factors in higher education admissions."

AAAA's amicus brief filed in August of 2012 makes several fundamental arguments. First, the association urges that the consideration of race as a factor in admissions must not be subjected to a level of review that is strict in theory but fatal in fact. The Constitution permits and protects the University of Texas at Austin's holistic consideration of each applicant's complete identity as part of an admissions process Intended to achieve diversity in the educational setting. AAAA counsel David Goldstein of the Littler law firm in Minneapolis, MN stated: "The University of Texas at Austin has worked hard to develop a fair and inclusive admissions program that contributes to diversity on campus in the broadest sense of the word without unfairly burdening anyone. The Supreme Court should not substitute its policy preferences for the carefully made determinations of the University and the Texas legislature to which the University is directly accountable."

Second, AAAA submits that the State of Texas has a compelling interest in securing the educational and workplace benefits that flow from diversity. In deciding the 2003 case against the University of Michigan, Grutter v. Bollinger, the Supreme Court upheld the notion that diversity in higher education admissions was a compelling state interest – a requirement to meet constitutional muster. In the Texas case, the university has amply shown that it has a compelling interest in having a diverse student body. Moreover, the state's employers and tax base depend on having well-educated individuals of all races.

Third, AAAA argues that the steps the University took to promote diversity were "narrowly tailored," – another constitutional requirement – and necessary to achieve the compelling state interest. Texas made an extraordinary effort to research and demonstrate the need to add race as a consideration in admissions. Moreover, so-called race-neutral measures are never truly race-neutral. Admissions criteria such as test scores have inherent biases and a have statistically significant adverse impact on African-American and Hispanic students. "Lower standardized test scores do not mean that minorities are academically inferior and unable to compete in an academically competitive environment," said AAAA Co-Counsel Dean Sparlin.

Lastly, AAAA takes issue with critics of diversity programs who allege that Socioeconomic Status (SES) or class is a proper alternative to race as a factor in admissions. Race matters and substituting economic disadvantage for race does not compensate; it will result in fewer disadvantaged minorities entering competitive colleges and universities. Low SES has not been the basis for the systematic exclusion of students from higher education; race and ethnicity have.
AAAA President Gregory T. Chambers added: "This nation is becoming increasingly diverse and it is not the time to close the doors of opportunity based on race or national origin. The nation's future depends upon all qualified individuals receiving a chance to compete in education, employment and business."

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA assists its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2013/6/prweb10819750.htm

 

 http://www.watchlistnews.com/2013/06/11/statement-of-the-american-association-for-affirmative-action-on-supreme-courts-impending-decision-in-the-fisher-v-university-of-texas-case/

Bathrooms Are Not Separate-But-Equal

The New Republic
A Maine court case signals the next frontier of civil rights: transgender equality.

Where should a transgender schoolgirl be allowed to pee? To some, this may sound like a minor, insignificant question, but not to Nicole Maines, a 15-year-old transgender girl who attended Maine public schools. Born a boy biologically, Maines now self-identifies as a girl, dressing in girls’ clothing and sporting a typical 15-year-old girl’s hair and makeup. In addition to the harassment she faced from other kids, Maines also met intolerance by school officials, who refused to allow her to use the girls’ bathroom. Instead, in a remarkably insensitive decision, the school required her to use a staff bathroom after a grandparent of a male student complained that Maines shouldn’t be allowed in the little girls’ room.
Full Story: http://www.newrepublic.com/article/113454/maine-supreme-court-decide-transgender-student-bathroom-case?utm_campaign=tnr-daily-newsletter&utm_source=hs_email&utm_medium=email&utm_content=9086520#

'Plessy v. Ferguson': Who Was Plessy?

The Root

100 Amazing Facts About the Negro: Learn about the man whose case led to decades of legal segregation.

• By: Henry Louis Gates Jr. | Posted: June 10, 2013 at 12:36 AM

Editor's note: For those who are wondering about the retro title of this black-history series, please take a moment to learn about historian Joel A. Rogers, author of the 1934 book 100 Amazing Facts About the Negro With Complete Proof, to whom these "amazing facts" are an homage.

 

(The Root) -- Amazing Fact About the Negro No. 35: Who was the Plessy in the Plessy v. Ferguson Supreme Court case that established the separate-but-equal policy for separating the races?

'How many mysteries have begun with the line, "A man gets on a train … "? In our man's case, it happens to be true, and there is nothing mysterious about his plan. His name is Homer Plessy, a 30-year-old shoemaker in New Orleans, and on the afternoon of Tuesday, June 7, 1892, he executes it perfectly by walking up to the Press Street Depot, purchasing a first-class ticket on the 4:15 East Louisiana local and taking his seat on board. Nothing about Plessy stands out in the "whites only" car. Had he answered negatively, nothing might have. 

 

Full Story: http://www.theroot.com/views/plessy-v-ferguson-who-was-plessy?page=0,0

Fashion designer Norma Kamali hit with unpaid internship lawsuit: the trend continues

Lexology
Epstein Becker Green

Jennifer A. Goldman

USA

June 4 2013

 

As the summer internship season gets underway, unpaid interns are continuing to file a spate of lawsuits claiming violations of the federal Fair Labor Standards Act (“FLSA”) and state wage and hour laws.  On May 29, 2013, fashion designer Norma Kamali was slapped with a lawsuit from a former apprentice filed in New York federal court.  This lawsuit continues a trend of unpaid interns suing employers including the Hearst Corporation, Fox Searchlight Pictures, Elite Model Management, and the Charlie Rose Show. 

 

Full Story: http://www.lexology.com/library/detail.aspx?g=48707a7d-c732-4786-8f99-051068f1c172&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-11&utm_term=

It's no time to retreat from affirmative action, voting rights

CNN Opinion

By Julian Zelizer, CNN Contributor

updated 10:43 AM EDT, Mon June 10, 2013

 

Editor's note: Julian Zelizer is a professor of history and public affairs at Princeton University. He is the author of "Jimmy Carter" and "Governing America."

(CNN) -- The Supreme Court is expected to issue a number of historic decisions in the coming weeks about how the government deals with race issues.

With the Voting Rights Act and affirmative action on the agenda, the nation is watching closely to see what the highest court will say.

 

Full Story: http://www.cnn.com/2013/06/10/opinion/zelizer-court-race

NBC News/WSJ poll: Affirmative action support at historic low

NBC News
By Domenico Montanaro, Deputy Political Editor, NBC News

As the Supreme Court prepares to once again weigh in on the issue of affirmative action, a record-low number of Americans support such programs, according to the latest NBC News/Wall Street Journal poll.
Just 45 percent of respondents said they believe affirmative action programs are still needed to counteract the effects of discrimination against minorities, while an equal 45 percent feel the programs have gone too far and should be ended because they unfairly discriminate against whites.

Full Story: http://firstread.nbcnews.com/_news/2013/06/11/18885926-nbc-newswsj-poll-affirmative-action-support-at-historic-low?lite

Court set to rule on race in college admissions

CNN

By Bill Mears, CNN Supreme Court Producer

updated 11:22 AM EDT, Sun June 9, 2013

 

(CNN) -- Heman Marion Sweatt and Abigail Noel Fisher both wanted to attend the University of Texas at Austin, and both claimed race was a primary reason for their rejection.

They filed civil rights lawsuits and the Supreme Court ultimately agreed to hear their appeals, filed more than a half-century apart.

 

Full Story: http://www.cnn.com/2013/06/07/politics/court-affirmative/

Civil rights hang in the balance in Supreme Court decisions

MSNBC
Meredith Clark, @MeredithLClark

2:32 PM on 06/09/2013

 

With the Supreme Court set to hand down decisions on both affirmative action and voting rights this week, civil rights advocates are anxious over the future of efforts to create greater equality in society.
The two cases, Fisher v. the University of Texas at Austin and Shelby County v. Holder, could fundamentally change the level of access non-white residents of the US have to participation in the democratic process and higher education.

Full Story: http://tv.msnbc.com/2013/06/09/civil-rights-hang-in-the-balance-in-supreme-court-decisions/

Other Views: No time for court to retreat on fairness

The Californian.com
Jun. 6, 2013   

It’s pitiful that nearly 50 years after Martin Luther King’s “I have a Dream” speech, the U.S. Supreme Court is still wrestling with the legality of programs meant to even the playing field for people of color.
In fact, the nation’s high court is expected to decide any day now in yet another affirmative action case involving a public university. A ruling by the conservative court comes at a time when progress by African-Americans, in particular, has lagged and even fallen in some sought-after professions.

Full Story: http://www.thecalifornian.com/article/20130607/OPINION01/306070019/Other-Views-No-time-court-retreat-fairness

UM taps new head of Equal Opportunity and Affirmative Action

University of Montana News
Posted: Jun 7, 2013 10:40 AM by KPAX/KAJ Media Center
Updated: Jun 7, 2013 10:04 AM

MISSOULA - The University of Montana has hired Eric Gutierrez as its new director of equal opportunity and affirmative action after an extensive nationwide search.
The director of the Office of Equal Opportunity and Affirmative Action serves as the University's senior EO/AA and discrimination grievance officer, according to a news release.

Full Story: http://www.kaj18.com/news/um-taps-new-head-of-equal-opportunity-and-affirmative-action/

Three questions for Clarence Thomas

CNN

By John Blake, CNN

updated 11:18 AM EDT, Sun June 9, 2013

 

(CNN) -- He wore a black beret and army fatigues, warned people that a revolution was coming and memorized the speeches of Malcolm X.

"I now believed that the whole of American culture was irretrievably tainted by racism," he once said, describing his reaction to the assassination of the Rev. Martin Luther King Jr.

 

Full Story: http://www.cnn.com/2013/06/09/us/clarence-thomas-three-questions/index.html?utm_source=twitterfeed&utm_medium=twitter&utm_campaign=Feed%3A+rss%2Fcnn_topstories+%28RSS%3A+Top+Stories%29

LIMITED SUCCESS AS COLLEGES SEEK TO ATTRACT POOR

Atlanta Journal Constitution

By RICHARD PÉREZ-PEÑA

The Associated Press

c.2013 New York Times News Service

Opponents of race-based affirmative action in college admissions urge that colleges use a different tool to encourage diversity: giving a leg up to poor students. But many educators see real limits to how eager colleges are to enroll more poor students, no matter how qualified — and the reason is money.

Full Story: http://www.ajc.com/ap/ap/education/limited-success-as-colleges-seek-to-attract-poor/nX7Xs/

Discrimination, favoritism and black advancement

The Washington Post

By Jonathan Capehart, Published: May 6, 2013 at 12:26 pmE-mail the writer

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Job seekers wait in line to meet with employers at a New York job fair last month. (Spencer Platt/Getty Images)

Rutgers University professor Nancy DiTomaso has an intriguing piece on the New York Times’ Web site. At first blush, “How Social Networks Drive Black Unemployment” might seem simplistic. A few times while reading it, “Well, duh!” crept into my head. But DiTomaso’s argument that “favoritism” is as much responsible for African American employment troubles as is “discrimination” is a more nuanced and complete look at the problem than I’ve seen before. It also holds an implicit lesson for blacks striving to get ahead.

Full Story: http://www.washingtonpost.com/blogs/post-partisan/wp/2013/05/06/discrimination-favoritism-and-black-advancement/

The New York Times

Americans’ Views on the Issues

The New York Times and CBS News asked Americans about their views on the Supreme Court, some of the issues it will be deciding this month and other domestic topics. The public’s attitudes toward American military involvement in Syria, Iran and North Korea and their position on drones and the military prison at Guantánamo Bay, Cuba, were also examined in the telephone poll.

 

Do you favor or oppose affirmative action programs for minorites in hiring, promoting and college admissions?

Favor

53%

Oppose

38%

9%

Full Story :  http://www.nytimes.com/interactive/2013/06/06/us/new-york-times-cbs-news-poll-june-2013.html

Supreme Court agrees to hear Michigan affirmative action case

The Los Angeles Times
By David G. Savage

March 25, 2013, 7:56 a.m.

 

WASHINGTON -- The Supreme Court will hear Michigan’s appeal of a surprising ruling that struck down its voters’ ban on giving “preferential treatment” to students based on their race, weighing the emotionally tense issue of affirmative action for the second time in a year.

The Michigan measure is nearly identical to the California proposition that in 1996 abolished race-based affirmative action policies for admission to the state’s colleges and universities.

Full Story: http://www.latimes.com/news/nation/nationnow/la-na-nn-supreme-court-agrees-to-hear-michigan-affirmative-action-case-20130325,0,5829375.story#

 

ISSUED COURTESY LETTERS TAKE PLACE OF CSAL

OFCCP Blog Spot
Tuesday, April 09, 2013
by Joanna Colosimo and Amanda Shapiro, DCI Consulting Group

OFCCP recently issued a large wave of announcement letters, as noted in the blog last week (http://ofccp.blogspot.com/2013/04/ofccp-sends-latest-round-of-csal.html). These letters are in the form of the same “courtesy” letters that were sent at the end of 2012 (http://ofccp.blogspot.com/2012/11/ofccp-courtesy-audit-letters-to-replace.html), rather than the traditional Corporate Scheduling Announcement Letters (CSALs).

Full Story: http://ofccp.blogspot.com/2013/04/csals-to-be-issued-soon.html

United States: Research Confirms OFCCP Compensation Settlements And Conciliations On The Rise

Mondaq

Last Updated: May 28 2013

Article by Matt AD Nusbaum

Proskauer Rose LLP

 

Research published by the Center for Corporate Equality (CCE), a Washington, D.C. research organization, reveals that the number of OFCCP audits resulting in a conciliation agreement has risen sharply under the Obama administration.
CCE compiled information from the Labor Department's enforcement database as well as documents obtained through Freedom of Information.  Their research revealed that, during the Bush administration, only approximately 8 percent of all OFCCP audits ended in a conciliation agreement.  By contrast, the average during the Obama administration so far is close to 21 percent.

Full Story: http://www.mondaq.com/unitedstates/x/241598/Government+Contracts+Procurement+PPP/Research+Confirms+OFCCP+Compensation+Settlements+And+Conciliations+On+The+Rise

30 Best U.S. Non-HBCU Schools for Minorities

Diverse Issues in Higher Education
May 27, 2013
 by Matthew Lynch

Across the country, institutions of higher learning are starting to look more like the general population. In the 2010-2011 school year, three times as many minority students received bachelor’s degrees compared to the 1990-1991 school year.  Back then, minorities only represented 13 percent of bachelor degree earners; today, that number has jumped to nearly one-fourth of total degree recipients.

Full Story: http://diverseeducation.com/article/53530/

UCR listed among 30 best U.S. non-historically black universities

University of California Riverside Highlander
News — June 4, 2013 at 6:00 am
Written by Christyna Pourhabib

UC Riverside placed 24th among 30 best non-historically black colleges and universities (HBCU) for minority students in the United States, according to Dr. Matthew Lynch, the chair and associate professor of education at Langston University and author of the list. Published in Diverse Issues in Higher Education, the list factors in the percentage of enrolled minority students, freshman retention levels and graduation rates.

Full Story: http://www.highlandernews.org/9927/ucr-listed-among-30-best-u-s-non-historically-black-universities/

Federal contractors: the far E-Verify clause revisited - critical steps a contractor can take to foster E-Verify compliance

Lexology

Sheppard Mullin Richter & Hampton LLP

Dawn M. Lurie

USA

May 30 2013

 

“Yes, we use E-Verify.” “Of course, our company is in compliance, we did an I-9 audit a few years ago – isn’t that the same as E-Verify?” “I know this is not an issue, because I remember being told we addressed all I-9 and E-Verify issues.” “No, the General Counsel’s office doesn’t handle immigration issues.”

 

Full Story: http://www.lexology.com/library/detail.aspx?g=b1162603-4ddb-4a4e-a673-0ee6e2d8cff8&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-05&utm_term=

Breadwinner Moms Reach New Heights

Diversity Executive
editor@diversity-executive.com -  5/29/13

 

Mothers are the sole or primary provider in a record-level 40 percent of U.S. households with children, according to a new study.

Washington — May 29

Full Story: http://www.diversity-executive.com/articles/view/breadwinner-moms-reach-new-heights

Building Global Diversity in Law

Diversity Executive
Jennifer Kahn -  2/13/13

 

Historically, the legal industry has been slow to catch up in terms of diversity, but here’s how one firm achieves a favorable verdict. Meredith Moore oversees diversity and social responsibilities initiatives globally for Weil, Gotshal & Manges. The New York City-based firm has implemented diversity education, affinity groups and other community services initiatives that have paved the way for other firms.

 

Full Story: http://diversity-executive.com/articles/view/building-global-diversity-in-law

Interculturalism vs. Diversity: Why Both Are Critical to D&I Success

Diversity Executive
By Susana Rinderle On May 29, 2013

Do you know the difference between diversity and interculturalism? Do you know why you should?
The answer to the second question is that wisdom from both fields is critical to the superior success of any D&I initiative, program or training, but few organizations or consulting firms draw on both. The first step to changing this is to know the answer to the first question.

Full Story: http://blog.diversity-executive.com/2013/05/29/interculturalism-vs-diversity-why-both-are-critical-to-di-success/

Asian-American Students Face Unique Challenges When It Comes to Affirmative Action

Diverse Issues in Higher Education
June 2, 2013

by Lekan Oguntoyinbo

Though many Asian-American interest groups have lined up to support the University of Texas’ affirmative action policy amid the Fisher v. University of Texas court battle, some Asian-American groups have sided with Abigail Fisher, arguing that race-conscious decisions in university admissions hurt qualified Asian-American students.

Full Story: http://diverseeducation.com/article/53670/#

Maryland enacts law requiring reasonable accommodations for disabilities due to pregnancy

Lexology

Arent Fox LLP

Michael L. Stevens

USA

May 30 2013

 

Maryland has enacted the “Reasonable Accommodations for Disabilities Due to Pregnancy Act,” which becomes effective October 1, 2013. The Act is a game changer for Maryland employers with 15 or more employees.

The Act makes it unlawful for an employer to fail or refuse to make a reasonable accommodation for the known disability of an otherwise qualified employee whose disability is caused or contributed to by pregnancy and does not impose an undue hardship on the employer.

Full Story:  http://www.lexology.com/library/detail.aspx?g=5c45fb05-e471-43bf-bf12-29a41348accb&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-04&utm_term=

Sexual Assaults in the Military and Mission Effectiveness

Workforce

Victims have reported that their attackers were the very people to whom they were required to report attacks. This system may cause complaints to be ignored or dismissed and the claimants ostracized or retaliated against.

Published: June 4, 2013

You're a soldier. You're flying a plane, operating a piece of war machinery, mapping a battle plan, supporting your squad, or in the middle of combat. You're on guard for the enemy. The night before, you fought off a sexual assault. Or maybe you tried but couldn't.

Full Story: http://www.workforce.com/article/20130604/BLOGS01/130609994/sexual-assaults-in-the-military-and-mission-effectiveness

Employer merely granted employee’s wish to be terminated, NLRB Div. of Advice rules

Lexology

Proskauer Rose LLP

Mark Theodore

USA

May 29 2013

 

 

Social media permeates society.  It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace.  We have noted several instances where the NLRB has alleged that employer action in response to social media posts is unlawful, as well as its seemingly endless review of employer policies.

 

Full Story: http://www.lexology.com/library/detail.aspx?g=8d57af69-02e8-4c22-a124-eb13f3a7c8d1&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-03&utm_term=

Obama re-nominates NLRB General Counsel, EEOC member

Lexology
Littler Mendelson

Ilyse Schuman

USA

   May 29 2013

 

President Obama seeks to seat Chai Feldblum as a member of the Equal Employment Opportunity Commission (EEOC) for another term and has re-nominated Lafe E. Solomon to be General Counsel (GC) of the National Labor Relations Board (NLRB) for a four-year term. While Feldblum has been a confirmed EEOC Commissioner of the five-member panel since December 2010, Solomon has been working as Acting GC of the NLRB since former GC Ronald Meisburg stepped down in June 2010. Obama first nominated Solomon to fill the GC position in January 2011, although the Senate has yet to confirm his nomination.

 

Full Story: http://www.lexology.com/library/detail.aspx?g=cac058b3-802d-4dcf-8e0e-8eebe6784695&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-06-03&utm_term=

A summary of major upcoming Supreme Court decisions

CNN US

By Bill Mears, CNN Supreme Court Producer

updated 3:43 PM EDT, Mon May 27, 2013

(CNN) -- Here are summaries of five of the biggest cases awaiting rulings by the Supreme Court. Decisions will be released between now and the end of June.

AFFIRMATIVE ACTION: Fisher v. University of Texas at Austin

AT ISSUE: A challenge to the school's race-conscious admissions policies.

THE CASE: Abigail Fisher individually sued the flagship state university after her college application was rejected in 2008 when she was a high school senior in Sugar Land, Texas.

 

Full Story: http://www.cnn.com/2013/05/27/us/scotus-case-guide/index.html?hpt=hp_bn3