Wednesday, July 30, 2014

The Default Trap

Article
Inside Higher Ed
Paul Fain
July, 2015

WASHINGTON - Advocates for community college are pressing federal lawmakers to make adjustments college are pressing federal law make they say it is "blunt tool' that could unfairly penalize colleges where only a small portion of students default on their federal loans.

Full Story: http://www.insidehighered.com/news/2014/07/30/looming-default-rates-could-penalize-community-colleges-where-few-students-borrow

Miss. workers affected by the closure of Harrah's Casino Tunica to receive assistance from US Labor Department

ETA News Release
Jason Kuruvilla or Egan Reich
202-693-6587 x4960
Kuruvilla.Jason@dol.gov or Reich.Egan@dol.gov
July 30, 2014

WASHINTON - The U.S. Department of Labor today announced a $2.5 million grant to assist about 650 individuals would were laid off because of the closure of Harrah's Casino Tencic resort, located in Tunica, Mississippi.

Full Story: http://www.dol.gov/opa/media/press/eta/ETA20141406.htm

Funding for $10M youth-focused project to combat exploitative child labor in Ethiopia available from the US Labor Department

ILAB News Release
Egan Reich
202-693-4960
Reich.Egan@dol.gov
July 29, 2014

WASHINGTON - The U.S. Department of Labor's Bureau of International Labor Affairs today announced a $10 million competitive solicitation for a project to address exploitative child labor in Ethiopia.

Full Story: http://www.dol.gov/opa/media/press/ilab/ILAB20141380.htm

MSHA publishes proposed rule on civil penalty assessments

MSHA News Release
Amy Louviere
202-693-9423
Louviere.Amy@dol.gov
July 29, 2014

Proposal simplifies process, improves consistency with emphasis on more serious conditions

ARLINGTON, Va. - The U.S. Department of Labor's Mine Safety and Health Administration announced today it will publish a proposed rule that would amend its existing civil penalty regulations by simplifying the criteria for assessing health and safety violations and increasing emphasis on more serious safety and health conditions, thus providing improved safety and health for miners. The proposed rule will be published in the Federal Register on July 31. 

Full Story: http://www.dol.gov/opa/media/press/msha/MSHA20141404.htm

US Labor Department's MSHA releases mid-year mine fatality update

MSHA News Release
Amy Louviere
202-693-9423
Louviere.Amy@dol.gov
July 28, 2014

ARLINGTON, Va. - The U.S. Department of Labor's Mine Safety and Health Administration today released a mid-year summary of mining death across the country. During the first half of 2014, 22 miners were killed in accidents in the mining industry. The toll represents an increase in the mid-year fatality count and reverses a decline in fatal accidents seen in recent years.

Full Story: http://www.dol.gov/opa/media/press/msha/MSHA20141400.htm

Cardiac Science Corporation to Pay $50,000 To Settle EEOC Retaliation Suit

Press Release
Equal Employment Opportunity Commission
July 29, 2014

Employee Who Filed Bias Claim Was Refused Severance Pay, Other Employees Blocked From Filing Charges, Federal Agency Charged

MILWAUKEE, Wis. - Cardiac Science Corporation, an international manufacturer of diagnostic and therapeutic cardiology products based in Waukesha, Wis., will pay $50,000 and furnish other relief under a consent decree entered by a federal court in a retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. 

Full Story: http://www.eeoc.gov/eeoc/newsroom/release/7-29-14.cfm

Tuesday, July 29, 2014

Push on Counseling

Article
Inside Higher Ed
Michael Stratford
July 29, 2014

CAMBRIDGE, MASS. -- The White House's higher education summit in January, as some critics described it, was all about appealing to the cameras.

Full Story: http://www.insidehighered.com/news/2014/07/29/white-house-gathers-experts-boost-college-counseling#sthash.4Xysbbo8.dpbs

Triple T Foods to Pay $30,000 to Settle EEOC Pregnancy Lawsuit

Press Release
The Equal Employment Opportunity Commission
July 28, 2014

Federal Agency Alleged Pet Food Company Fired Lab Technician Due to Pregnancy

LITTLE ROCK, Ark. - Triple T Foods, an Arkansas pet food processor, will pay $30,000 to a former employee and furnish other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. 

Full Story: http://www.eeoc.gov/eeoc/newsroom/release/7-28-14.cfm

Former NASA Employee Releases New Emoji App to Fill Diversity Gap

Article
BET
Patrice Peck
July 25, 2014

IDiversicons offers over 900 emoticons to those users demanding a wider representation from their current emoticon app.

If you have been wondering when Apple will release a more racially diverse set of emoticons, you are not alone.

Katrina Parrott of the Houston area wondered the same thing before finally launching iDiversicons, a mobile application that provides users with over 900 emoticons available in the Apple store and Google Play. Having been laid off from her program manager position at NASA last year, the mother of two purchased Apple's Developer Program, hired an illustrator and brought the app to life during her newfound freetime. 

Full Story: http://www.bet.com/news/national/2014/07/25/former-nasa-employee-releases-new-emoji-app-to-fill-diversity-gap.html

Steps Tech Companies Can Take to Increase Gender Diversity

Article
Her Agenda
Ann Lehman, J.D.
July 28, 2014

Suddenly, we're talking about diversity in the tech industry. Google release its diversity data recently, as did Facebook, Yahoo and LinkedIn. So have more established companies such as Intel, Microsoft, and Cisco. No big surprise to anyone familiar with the field that women were underrepresented, especially in technology positions.

Full Story: http://heragenda.com/steps-tech-companies-can-take-to-increase-gender-diversity/

‘Orange Is the New Black’ actress Uzo Aduba talks diversity in Hollywood, Emmy nomination

Article
The Celebrity Cafe
Rachel Karach
July 28, 2014

Aduba plays the fan favorite and maniacally loveable character Suzanne 'Crazy Eyes' on Netflix's smash hit television show Orange Is the New Black.

Full Story: http://thecelebritycafe.com/feature/2014/07/orange-new-black-actress-uzo-aduba-talks-diversity-hollywood-emmy-nomination

Blowing Our Diversity Advantage

Article
The Huffington Post
Elaine Weiss
July 28, 2014

As we mark the 60th anniversary of Brown v. Board of Education, we are glad to see renewed interest in the issue of segregation, but discouraged about our societal failure to tackle it. Indeed, we have both recently written about the persistence of racial segregation in our public schools, and about the pernicious effects of associated concentrated poverty. BBA and EPI document the segregation of black and Hispanic children in high-poverty kindergarten classrooms. And Kahlenberg has written about new efforts to reinvigorate Brown by emphasizing socioeconomic integration through public school choice.

Full Story: http://www.huffingtonpost.com/elaine-weiss/blowing-our-diversity-adv_b_5621814.html

Jesse Jackson: Tech diversity is next civil rights step

Article
USA Today
Wendy Koch
July 29, 2014

U.S. civil rights leader Jesse Jackson called on the Obama administration Monday to scrutinize the tech industry's lack of diversity.

Full Story: http://www.usatoday.com/story/tech/2014/07/28/jesse-jackson-seeks-eeoc-scrutiny-of-tech-industry/13270991/

Diversity: A Key Component for Thriving Startup Communities

Article
The Huffington Post
Claire Topalian
July 28, 2014

As the dialogue around the lack of diversity in the startup world continues to evolve, I've wondered how the startup culture at large can begin to get closer to the root of the issue. Indeed, startup leaders and founders are not experts in sociology, but in the face of ample evidence that sexism and a lack of diversity altogether are a problem in the world of tech startups in particular, I believe that founders and community builders have a unique responsibility - and opportunity - to alter the future of startup communities and their narratives.

Full Story: http://www.huffingtonpost.com/claire-topalian/diversity-a-key-component_b_5628002.html

Why We're Wrong About Affirmative Action: Stereotypes, Testing and the 'Soft Bigotry of Low Expectations'

Article
The Huffington Post
Willian A. Darity Jr.
Alan A. Aja
Darrick Hamilton
July 18, 2014

Earlier this month a divided Fifth Circuit Court of Appeals upheld the University of Texas' right to use race amongst its criteria for undergraduate admissions, however limited that right may be. While the decision will be viewed as a small victory for supporters of race-based affirmative action, this is little reason to believe that the widely held claim that black and Latino students enter selective universities as comparatively inferior students must face from matriculation to graduation, a stigma with undoubted adverse psychological and economic consequence that follows them well beyond higher education and into the labor market.

Full Story: http://www.huffingtonpost.com/william-a-darity-jr/why-were-wrong-about-affirmative-action_b_5613026.html

Monday, July 28, 2014

U.T. Austin’s affirmative action program is a careful effort to ensure diversity

Article
The Washington Post
July 27, 2014

LAST YEAR, the Supreme Court ordered the U.S. Court of Appeals for the 5th Circuit to reconsider the affirmative-action program at the University of Texas at Austin. This month, the appeals court determined again that the university's admissions policies were constitutional. This was not much of a surprise: The 5th Circuit sided with the university the last time it examined this case. Much less predictable is how the Supreme Court will rule when the dispute comes before the justices for a second time.

Full Story: http://www.washingtonpost.com/opinions/ut-austins-affirmative-action-program-is-a-careful-effort-to-ensure-diversity/2014/07/27/21d294d4-0eb8-11e4-8c9a-923ecc0c7d23_story.html

Athlete Twice Accused of Sexual Assault Will Play Again

Article
Inside Higher Ed
July 28, 2014

A college basketball player accused of sexual assault at two colleges has found a third team to play for, enrolling on scholarship at Northwest Florida State College.

Full Story: http://www.insidehighered.com/quicktakes/2014/07/28/athlete-twice-accused-sexual-assault-will-play-again#sthash.TPOFYxCc.dpbs

Fighting Their Way Into Medical School

Article
Inside Higher Ed
Jake New
July 28, 2014

A student whose admission to Pacific Northwest University of Health Sciences was revoked because he was deaf will start classes this fall, a federal judge ordered Tuesday. 

Full Story: http://www.insidehighered.com/news/2014/07/28/judge-orders-medical-college-accommodate-deaf-student#sthash.OBfOWL40.dpbs

EEOC Sues Erie Strayer Company for Disability Discrimination

Press Release
July 25, 2014

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges

PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal disability discrimination law, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. 

Full Story: http://www.eeoc.gov/eeoc/newsroom/7-25-14.cfm

MSHA announces results of June impact inspections

MSHA News Release
Amy Louviere
202-693-9423
Louviere.Amy@dol.gov
July 24, 2014

ARLINGTON, Va. -- The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 186 citations, 25 orders and one safeguard during special impact inspections conducted at 11 coal mines and two metal and nonmetal mines in June.

Full Story: http://www.dol.gov/opa/media/press/msha/MSHA20141376.htm

US Labor Department's ERISA Advisory Council to hold public meeting Aug. 19-21

EBSA News Release
Mike Trupo or Laura McGinnis
202-693-6588 x 4653
Trupo.Michael2@dol.gov or McGinnis.Laura.K@dol.gov
July 24, 2014

WASHINGTON -- The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council, will meet Tuesday, Aug. 19, through Thursday, Aug. 21. Council members will hear testimony from invited witnesses and receive an update from the Employee Benefits Security Administration.

Full Story: http://www.dol.gov/opa/media/press/ebsa/EBSA20141369.htm

Statement by US Labor Secretary Thomas E. Perez on the need to raise the minimum wage to benefit workers and the economy

OPA News Release
Xochitl Hinojosa or Jason Surbey
(202) 693 - 4681 or x4668
Hinojosa.Xochitl@dol.gov or Surbey.Jason@dol.gov
July 24, 2014

WASHINGTON -- U.S. Secretary of Labor Thomas E. Perez released the following statement on the five-year anniversary of the last increase in the federal minimum wage:

Full Story: http://www.dol.gov/opa/media/press/opa/OPA20141375.htm

Friday, July 25, 2014

At the Univ. of Texas at Austin, a Sigh of Relief From Court Decision

Article
BET
Jonathan P. Hicks
July 23, 2014

A federal court ruled that race can be considered as a factor in admitting students, a ruling that came after a longstanding legal maneuvering over affirmative action

A United States Court of Appeals has upheld the position of the University of Texas at Austin that race can be considered as one of several factors in admitting students. 

Full Story: http://www.bet.com/news/national/2014/07/23/at-the-univ-of-texas-at-austin-a-sigh-of-relief-from-court-decision.html

'Sexualized' Culture Leads to Firing of Ohio State's Marching Band Director

Article
Inside Higher Ed
July 25, 2014

The director of the Ohio State University marching band, who helped the band become YouTube sensations last year with complex, iPad-enhanced halftime shows, was fired Thursday following allegations that he ignored a longstanding culture of sexual harassment and hazing within the band.

Full Story: http://www.insidehighered.com/quicktakes/2014/07/25/sexualized-culture-leads-firing-ohio-states-marching-band-director#sthash.MwnTCY3S.dpbs

The Right to Expel

Article
Inside Higher Ed
Scott Jaschik
July 25, 2014

When word spread this month that George Fox University had received an exemption to Title IX, allowing it to discriminate against a transgender student by denying him the housing he requested, many advocates for transgender students were stunned. Federal regulations under Title IX of the Education Amendments of 1972 do in fact require the Education Department to exempt colleges from rules that violate their religious beliefs.

Full Story: http://www.insidehighered.com/news/2014/07/25/2-christian-colleges-win-title-ix-exemptions-give-them-right-expel-transgender#sthash.1j3GuM6e.dpbs

Pinterest lags on diversity, but has more women

Article
USA Today
Jessica Guynn
July 24, 2014

SAN FRANCISCO -- Pinterest released a gender and ethnic breakdown of its work force on Thursday, showing it has the same problem as the rest of Silicon Valley: Its work force is predominantly white an Asian.

Full Story: http://www.usatoday.com/story/tech/2014/07/24/pinterest-diversity/13131981/

With All Due Deference

Article
The New York Times
Lina Greenhouse
July 23, 2014

Ruling Defends Affirmative Action From New Challenges

Given the avalanche of world-shaking news since last week, the shrug greeting the latest chapter in the long-running affirmative action saga at the University of Texas is understandable. Even the usually lively constitutional law blogosphere has had little to say about the July 15 ruling by which the federal appeal court in New Orleans once again upheld the flagship Austin school's admissions plan. 

Full Story: http://www.nytimes.com/2014/07/24/opinion/ruling-defends-affirmative-action-from-new-challenges.html?_r=0

Thursday, July 24, 2014

The EEO Doctor's Highlights from the 2014 AAAED Conference


For several years, I have been assisting Arizona State University and Maricopa County Community College District EEO officials update their AAPs, revise their recordkeeping processes, and analyze their applicant, selection, hire, promotion, retention, and compensation data. Recently, I’ve been helping with implementing the recordkeeping, notification, and other new Section 503 and VEVRAA requirements. During my EEO career, I have worked on, with, or for thirteen (13) colleges and universities.

I attended this year’s Conference because AAAA is the premier and only organization I am aware of that provides specialized guidance to colleges and universities on applying the OFCCP’s regulations to the distinct employment setting of colleges and universities, where recruitment, selection, advancement, compensations practices significantly differ from other federal contractors.
   
I took in 10 of the workshops, speeches, and panels in this very successful and gratifying gathering of admired and respected EEO Practitioners, was moved to write about my experiences, and am grateful for this opportunity to share my “takeaways”.
Wednesday, June 5th

(1) Final Regulations: Veterans and individuals with disabilities – Before discussing his recommendations for effectively responding to the OFCCP’s Compensation Initiatives, Mickey Silberman (Jackson Lewis P.C. http://www.jacksonlewis.com ), one of the most authoritative EEO/Compliance attorneys who I have enjoyed the privilege of learning from and consulting with, offered the following recommendations and information:  

1. Federal contractors should conduct annual “pay equity” analyses by title and report positive results in their Executive Order AAPs, after adjustments are made

2. The OFCCP is planning to issue proposed regulations requiring federal contractor reporting of compensation data and making pay public knowledge in August and September.

3. The OFCCP will issue proposed regulations in October for implementing the new minimum wage for all federal contractor employees.
Mickey then made the following recommendations

4. Brief senior management regarding the significant new IT, recordkeeping, monitoring, and outreach obligations that are significantly increasing compliance costs.

5. Don’t begin compiling 503/VEVRAA data until January 2016

6. Issue the post offer invitations to self-identify during employee orientations.

7. Conduct surveys of all employees regarding disability and veteran status during the first year and in 5 year intervals. Survey veterans at the same time as IWDs.

8. Conduct your 1st survey before the 1/1/2015 update, e.g. 9/2014 but don’t tell the OFCCP.

9. Conduct analyses under attorney-client “privilege”.

(2)  Are There Options for Faculty Job Grouping? 

George Desloge & Anna Nesterenko of the ERS Group (http://www.ersgroup.com/ gave a comprehensive, intelligent, thought provoking, and dialogue inducing presentation highlighting the various methodologies that colleges and universities can use to construct groups of jobs with “similar content, wage rates, and opportunities” for the purpose of analyzing statistical availabilities. 

They advised that faculty job groups can be constructed consistent with IPEDS categories and the way that institutions report demographic data, and that tenure status, discipline, and/or faculty rank can also be used to configure job groups on which availability analyses are conducted, goals established, and personnel activity data monitored and analyzed under the Executive Order and Section 503 regulations.

They presented a comprehensive list of relevant and useful data resources for calculating external benchmark availabilities.               

They discussed whether Executive Order, Section 503, and Protected Veterans AAPs should include and cover every job title in the institution’s payroll records. The data obtained by the Academic Discussion Group indicates that most colleges and universities lack the administrative mandate and administrative and human resources needed to  include, cover, track, analyze, and respond to part time and temporary academic job titles.  None of the attendees in this crowded and conversation provoking workshop voiced disagreement with this interpretation of the regulation but everyone seemed to understand that these problems are not within their spans of control.

(3) DOL’s results oriented affirmative actions to help “individuals with disabilities” in the public & private sectors

Kathleen Martinez of the DOL’s Office of Disability Employment Policy (ODEP) gave the attendees an overview of the Department of Labor’s significant “game changing” accomplishments and progress in promoting employment opportunities for individuals with disabilities.

The Workforce Recruitment Program (WRP) connects federal and private sector employers nationwide with highly motivated college students and recent graduates with disabilities who are eager to prove their abilities in the workplace through summer or permanent jobs.

DOL’s Employer Engagement Strategy, which focuses on engaging federal contractors to systematically provide access to individuals.

Ms. Martinez’ unprecedented educational and coalition building accomplishments and the OFCCCP’s new crop of knowledgeable and articulate employees have made it easier to understand, implement, and comply with its new challenging requirements, if provided administrative support and human resources.   

(4) Pay Equity for Academic Institutions

Marilynn Schuyler of Schuyler Affirmative Action Practice (www.SchuylerAAP.com) and Inderdeep Chatrath, Duke University’s Director of Affirmative Action & Equal Opportunity, led the workshop through a spirited discussion about how the OFCCP ‘ Compensation Directive might be applied to academic institutions, the impacts of the OFCCP’s focus on the total  compensation paid to employees and not just basic pay rates, the complications resulting from faculty and other employees having multiple job assignments that impact pay and dictate the job titles listed in the workforce analysis, which makes investigating total compensation more complicated for the government and the institution. They requested input regarding what AAAED can and should provide to the OFCCP that will systematically consider compensation factors unique to the academic sector including more appropriate measurements when determining whether the data reveals or indicates there are gender, race, or ethnicity based compensation “disparities”.  

(5) Best Practices for Defending an OFCCP Investigation of Compensation

Linda Cavanna-Wilk, Esq. of FordHarrison LLP  (http://www.fordharrison.com/AffirmativeAction) reported that OFCCP audits during FY 2013 resulted in 19 compensation discrimination cases and advised that, in keeping with its lead role in President Obama’s compensation initiatives, the OFCCP will soon hire 10 more statisticians and will be under public scrutiny and pressure to demonstrate results.

She advised federal contractors to be prepared to defend their compensation practices using cohort and systemic (multiple regression) analyses and recommended that contractors first conduct systematic reviews of their compensation, policies, procedures, and practices which will result in more appropriate measurements of the actual impact  of compensation practices and more intelligent analyses.

She recommended that federal contractors (1) identify factors that influence compensation, (2) develop specific criteria for compensation decisions (3) train supervisors and managers, (4) conduct proactive/periodic statistical analyses of compensation (5) review salary structures and job classifications, (6) examine salary administration policies and practices, and (7) assess performance measurements, starting pay policies and practices, merit pay increases, promotional pay increases.  

Consistent with other members of the Bar who I’ve heard address this hot topic, she advised that compensation self- audits be confidentially conducted using the “attorney-client privilege”.

Ms. Cavanna-Wilk recommended that, to prepare for successfully traversing OFCCP compensation audits and investigations, federal contractors should (1) review job title and salary data for accuracy, (2) submit data by job title, (3) conduct a mean analysis to identify red flags, (4) begin investigating the red flags, and (5) communicate with managers and compensation personnel and ensure that they understand and can clearly articulate to OFCCP officials, compensation practices and policies and the factors affecting compensation.
She also advised that, during compliance evaluations, federal contractor representatives should actively and diplomatically try to narrow the scope of the OFCCP’s investigations by researching the areas that the OFCCP identifies, preparing written explanations of job related reasons for compensation differences, preparing witnesses, and hiring experts to refute the OFCCP’s findings     

(6) AAAA Business Meeting

In addition to reviewing and approving financial reports and processing the election of new officers and after an extended emotional debate, the membership of AAAA (The American Association for Affirmative Action) voted to change its name to AAAED (The American Association, for Access, Equity & Diversity).

(7) 50TH Anniversary of the Civil Rights Act of 1964

A distinguished, knowledgeable, and directly involved and experienced panel featuring Catherine Lhamon of the US Department of Education, Jennifer Tucker of the Center for Women Policy Studies, Dennis Dickerson of Vanderbilt, Reavis Mitchell of Fisk, and Carmen Suarez of the University of Idaho discussed the harrowing little known events that resulted in the passage of Title VII including the less than noble reasons why gender was added to the Act.

(8) The EEOC’s Strategic Plans

Claudia Withers, the EEOC's COO, provided attendees with information on the dynamics of the EEOC's strategic plans from 2012-2016 and advised that the EEOC's current priorities are:
1. Eliminate barriers in recruitment and hiring.
2. Protect immigrants, migrants, and other vulnerable workers
3. Address (a) reasonable accommodation under the ADA, (b) accommodation for pregnancy related limitations under the ADA and Pregnancy Discrimination Act, and (c) coverage of LGBT individuals under Title VII’s sex discrimination provisions.
4. Enforce equal pay laws.
5. Preserve and improve access to the legal system.
6. Prevent harassment.

(9) Developing Defensible Basic Qualifications in Light of VEVRAA & Section 503 
Regulations: Good Intentions Are Not Good Enough

Heather Patchell and Jim Kuthy. two of the dynamic and knowledgeable presenters and experts of the venerable cutting edge Biddle Consulting Group (http://www.biddle.com/) led the workshop attendees through an engaging discussion and clarification of the systematic actions and methods that federal contractors need to take and employ in order to develop basic qualifications in light of Title VII, the Uniform Guidelines on Employee Selection Procedures, and the VEVRAA, & Section 503 regulations, for which the definitions of “basic qualifications” has been modified to determine whether the job seeker has the ability to perform the “essential functions of the job with or without reasonable accommodations”.

They pointed out some pitfalls and challenges of (1) education requirements, (2) using grade point averages to screen applicants, and (3) distinguishing between preferred vs. objectively qualified, all of which are subject to the validation requirements of these laws and regulations. They also described and illustrated the forms that they use to conduct a valid analyses of basic qualifications for specific jobs, offered to make them available upon request, and recommended that basic qualifications be reviewed on each opening.  

(9) Past, Present, Future of AAAA

Another distinguished and accomplished panel composed of QUAD A’s past presidents discussed their experiences and contributions, shared anecdotes from this unique organization’s  40 year history, and shared their views of the reasons why “affirmative action”, as “we people” understood the term, is passé and no longer relevant.
They also discussed the impacts of the recent Supreme Court decision validating Michigan’s Ward Connerly inspired “popular” vote prohibition of this much misunderstood chapter of our nation’s recent history and agreed that the undeserved widespread media fed anger at and resentment of these two words justified the name change.

“Affirmative action” is dead. Long live “Access, Equity, & Diversity”.

Friday, June 6

(11) Shiu’s Closing Keynote

OFCCP Director, Patricia Shiu, closed the Conference by thanking her good friend, the iconic and stalwart OFCCP Director and AAAED Executive Director Shirley Wilcher, praising “Access, Equity, and Diversity” ‘s accomplishments and contributions, reporting President Obama’s recent actions to end pay secrecy and collect pay data from federal contractors, and announcing that “we are on a roll”.  I believe her.

She noted that one of the Great Recession’s many negative impacts has been the understaffing of HR, an ongoing critical need of many if not most academic EEO officials, asserted that the price of federal contracts is compliance, which is not optional, and promised that she will continue to make the case for sufficient resources. 

She told the attendees that (1) the much discussed Compensation Directive 307 follows Title VII principles, (2) the OFCCP’s focus has shifted from hiring issues, (3) the OFCCP has devoted significant resources to internal training to promote consistency and to developing and disseminating FAQs, and (4) the OFCCP’s Sex Discrimination Guidelines and federal construction contractor regulations will soon be updated, revised, and issued for public comment.

She advised that failure to achieve the “aspirational goals” and “benchmarks” contained in the newly effective VEVRAA and Section 503 regulations will not be a violation but that failure to try will.

She urged federal contractors to “look how you post your jobs”.

She announced that there will soon be public service announcements about the voluntary self id process that will be designed to address the “culture of fear” and promote voluntary disclosure.     

After responding to several questions, she closed by advising that she is aware of contradictions between IPEDs and EEO categories and referring a question about the inclusion of temporary workers in college and university AAPs to Naomi Levin (levin-naomi@dol.gov).

This has been my story of my personal experiences attending this worthwhile conference. I’m sticking to it and will be available for follow-up dialogues with any all about these teachings and learnings via eeodoctor@q.com.

Jose Franco
The EEO Doctor, Inc.
210 E. Pinion Way
Gilbert AZ 85234
Phone: (480) 503-4836
Fax: (480) 503-4836
DoctorEEO@telefonica.net

Jose Franco, the "EEO Doctor" provides EEO and Affirmative Action compliance services including preparation of Affirmative Action Plans, assistance with compliance reviews, and investigation of discrimination charges, including preparation of written defense materials. Jose has a great deal of experience dealing with the EEOC and the OFCCP, both as Director of the OFCCP's Phoenix District Office, and as a consultant to client companies in a wide variety of industries, municipalities, and tribal governments. He has helped clients save time, money, and anguish, and achieve confident cost-effective, transparent, clear compliance with the laws and regulations mandating nondiscrimination and affirmative action.
Jose holds a BA in Political Science from Duke University.

'Multicultural Australia is Mainstream Australia': Calling for True Diversity in Our Media

Article
The Wheeler Centre
Fatima Measham
July 23, 2014

Earlier this year, I attended a select-entry workshop for 'minority' or 'diverse' writers run by a media organisation. The terms were used interchangeably. Fifteen participants from different states paid their own way to Sydney to pitch three stories each. For most of us, it was unprecedented access to editors and we were thrilled.

Full Story: http://wheelercentre.com/dailies/post/cfbb191c0c94/

Twitter’s Diversity Report: Women Make Up 30% of Workforce

Article
The Wall Street Journal
Yoree Koh
July 23, 2014

Twitter released its workforce diversity numbers on Wednesday, which showed that like its tech peers, its employees are mostly white males.

Full Story: http://blogs.wsj.com/digits/2014/07/23/twitters-diversity-report-women-make-up-30-of-workforce/

Immigration reform debate fuels protests for Central Americans seeking asylum

Article
Fox17 West Michigan
Dana Chicklas
July 23, 2014

LANSING, Mich. - In the ongoing debate of immigration reform, the latest push appears to come from faith-based groups who are involving their local governments.

Full Story: http://fox17online.com/2014/07/23/immigration-reform-debate-fuels-protests-for-central-americans-seeking-asylum/

NAAM to be agent to empower Indian community

Article
The New Straits Times
July 23, 2014

SUNGAI PETANI: The New Affirmative Action Movement (NAAM) Foundation established throughout the country, will act as an agent between the government and the Indian community, towards enhancing their economic status.

Full Story: http://www.nst.com.my/node/16613

Leaders Like Ken Noble Remind Us of the Value of Affirmative Action

Article
The Root
Raymond T. Diamond
July 24, 2014

If elite colleges are limited to grades and test scores, they'll miss the chance to draw some of the future's most talented leaders

Kenneth B. Noble, a New York Times reporter who covered business and finance in Washington and civil war in Africa, and who headed the newspaper's Los Angeles bureau during the O.J. Simpson trial, died on Thursday in Gainesville, Fla. He was 60. 

Full Story: http://www.theroot.com/articles/culture/2014/07/with_affirmative_action_schools_find_the_best_and_brightest.html

Additional $1M in funding to help Arkansas with winter storm recovery efforts awarded by US Labor Department

ETA News Release
Jaason Kuruvilla or Egan Reich
202-693-6587 or x4960
Kuruvilla.Jason@dol.gov or Reich.Egan@dol.gov
July 23, 2014

WASHINGTON - The U.S. Department of Labor today announced a $1,013,495 National Emergency Grant incremental award to continue cleanup and recovery efforts in the wake of a severe storm that affected 14 countries in Arkansas on Dec. 5 and 6, 2013.

Full Story: http://www.dol.gov/opa/media/press/eta/ETA20141342.htm

Wednesday, July 23, 2014

EEOC SUES AutoZone for Race Discrimination

Press Release
The Equal Employment Opportunity Commission
July 22, 2014

Auto Parts Giant Fired Black Manager for Resisting Race-Based Transfer, Federal Agency Charged

CHICAGO - Automotive parts retail chain AutoZone, Inc. violated federal law when it forced a black sales manager to transfer out of a store on the southwest side of Chicago because of his race and then fired him for resisting, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a suit filed today. 

Full Story: http://www.eeoc.gov/eeoc/newsroom/7-22-14a.cfm

Goodwill to Pay $100,000 to Settle EEOC Lawsuit for Retaliation

Press Release
The Equal Employment Opportunity Commission
July 22, 2014

Lawton Store Fired Worker for Testifying on Behalf of Discrimination Victim, Federal Agency Charged

OKLAHOMA CITY, Okla. - Goodwill Industries will pay $100, 000 and furnish other relief to settle a long-standing lawsuit FOR retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. 

Full Story: http://www.eeoc.gov/eeoc/newsroom/7-22-14.cfm

Respect Diversity teaches tolerance and diversity through the arts

Article
The City Sentinel
Darla Shelden
July 22, 2014

The Respect Diversity Foundation (RDF) is an Oklahoma City 501(c)3 nonprofit promoting tolerance, acceptance and affinity through communication, education and the arts.

Full Story: http://city-sentinel.com/2014/07/respect-diversity-teaches-tolerance-and-diversity-through-the-arts/

Struggle for gender diversity in the tech sector: 'It's a real problem'

Article
CTV News
Lina Nguyen
The Canadian Press
July 22, 2014

TORONTO -- Tech companies -- whether they be established firms with thousands of employees or five-person startups only months in the making -- have long been criticized for their lack of female employees, especially in management and engineering roles.

Full Story: http://www.ctvnews.ca/sci-tech/struggle-for-gender-diversity-in-the-tech-sector-it-s-a-real-problem-1.1925752

Professional Diversity Network Announces Donna Brazile Will be Joining Its Board of Directors

Press Release
The Wall Street Journal
July 23, 2014

CHICAGO, Jul 23, 2014 (GLOBE NEWSWIRE via COMTEX) -- Professional Diversity Network, Inc. ("PDN") announced today that Ms. Donna Brazile will be joining the Professional Diversity Network Board of Directors upon the completion of the pending merger with National Association of Professional Women ("NAPW").

Full Story: http://www.marketwatch.com/story/professional-diversity-network-announces-donna-brazile-will-be-joining-its-board-of-directors-2014-07-23?reflink=MW_news_stmp

A Basic Flaw in the Argument Against Affirmative Action

Article
The Huffington Post
Lina Darling-Hammond
(co authored by Ted Dintersmith)
July 22, 2014

The University of Texas (UT) at Austin got approval this week from the U.S. 5th Circuit Court of Appeals to continue using race as one of the many factors in its admissions. Abigail Fisher, a white student, had sued, claiming that she was a victim of racial discrimination, because some minority students with less impressive credentials than hers had been admitted when she was not.

Full Story: http://www.huffingtonpost.com/linda-darlinghammond/a-basic-flaw-in-the-affirmative-action_b_5611188.html

Court should give this affirmative action case a pass

Article
The L.A. Times
Michael McGough
July 22, 2014

The Supreme Court has adopted a convoluted approach to affirmative action

Last week a federal appeals court ruled - again - that the University of Teas at Austin didn't violate the Constitution when it engaged in racial preferences in its admissions policies.

Full Story: http://www.latimes.com/opinion/opinion-la/la-ol-affirmative-action-supreme-court-race-20140721-story.html#page=1

Tuesday, July 22, 2014

Presidential Order Protects LGBT Workers at Federal Contractors

Article
Society for Human Resource Management
July 21, 2014

New SHRM policy statement supports order, with cautions

Federal contractors are now prohibited from discriminating against workers and job applicants based on sexual orientation and gender identity, under an executive order that President Barack Obama signed July 21, 2014. The order will bring new requirements for federal contract employers to follow.

Full Story: http://www.shrm.org/publications/hrnews/pages/federal-contractors-lgbt-discrimination-executive-order.aspx

President Obama Signs a New Executive Order to Protect LGBT Workers

Article
The White House
David Hudson
July 21, 2014

"Many of you have worked for a long time to see this day coming."

Those were President Obama's words to the audience in the East Room of the White House this morning, before he signed an Executive Order prohibiting federal contractors from discriminating on the basis of sexual orientation or gender identity.

Full Story: http://www.whitehouse.gov/blog/2014/07/21/president-obama-signs-new-executive-order-protect-lgbt-workers

University of California Reconsidering Nondiscrimination Policy

Article
The Lab Manager
July 22, 2014

The University of California's (UC) Nondiscrimination and Affirmative Action Policy states that the university does not discriminate on the basis of citizenship. Therefore the school does not generally accept public and private sponsors' restrictions of research based on citizenship. Though, the school does not allow American-only researchers in specific cases, such as in federal training programs for young Americans and in classified research.

Full Story: http://www.labmanager.com/news/2014/07/university-of-california-reconsidering-nondiscrimination-policy?fw1pk=2#.U850M_ldXXQ

Diversity goals do not benefit black students

Article
The Daily Texan
David Davis Jr.
July 20, 2014

As the University celebrates what could be considered a victory in the Fisher v. University of Texas case, one has to wonder what there is to celebrate. Sure, the U.S. Court of Appeals for the Fifth Circuit seemingly gave as tamp of approval to UT's holistic admissions review process, which allows the University to take race into account, but, unfortunately, the capacity to use race as a decision factor narrowly benefits racial minority groups that are in vogue, while another -- black applicants -- is disadvantaged by the system.

Full Story: http://www.dailytexanonline.com/2014/07/20/diversity-goals-do-not-benefit-black-students

Diversity Oversight? Obama's Initiative, My Brother's Keeper, Now Includes All

Article
Diverse Education
Emil Guillermo
July 21, 2014

Finally, a little inclusion.

That 60 of the nation's largest school districts are now joining in on President Obama's My Brother's Keeper program is indeed great news.

Full Story: http://diverseeducation.com/article/65721/

Fifth Circuit Ruling Advances Principles of Diversity in Higher Education

Press Release
Kelsey Crow
202-499-7027 x. 107
ComRequests@advancingjustice-aajc.org
July 16, 2014

WASHINGTON - Asian Americans Advancing Justice (Advancing Justice) applauds the U.S. Court of Appeals for the Fifth Circuit's decision upholding the University of Texas Austin's (UT-Austin) holistic race-conscious admissions program used to admit a portion of its undergraduate class.

Full Story: http://www.advancingjustice-aajc.org/news-media/news/fifth-circuit-ruling-advances-principles-diversity-higher-education

Congresswoman Clarke Urges F.C.C. to Support Diversity on Television

Press Release
Representative Yvette Clarke
July 21, 2014

Brooklyn, N.Y. - Congresswoman Yvette D. Clarke has urged the Federal Communications Commission to consider its responsibility to support diversity on our television networks in reviewing the proposed sale of three FOX-TV affiliates to the Marshall Broadcast Group of Los Angeles, which has a record of hiring people of color and producing shows that represent the broad diversity of our nation.

Full Story: http://clarke.house.gov/media-center/press-releases/congresswoman-clarke-urges-fcc-to-support-diversity-on-television

ENIL’s “Think Different, Think Equal” Video Campaign highlights diversity among young disabled people

Article
The European Network on Independent Living
July 21, 2014

The European Network on Independent Living (ENIL) is launching a series of four videos entitled "Think Different, Think Equal" to empower and raise awareness about the rights of disabled people in Europe. Developed by a group of young disabled people from fifteen European countries, the video campaign explores the concept of intersectionality and helps young disabled people understand and embrace their multiple identities.

Full Story: http://www.enil.eu/news/enils-think-different-think-equal-video-campaign-highlights-diversity-among-young-disabled-people/

Monday, July 21, 2014

More Backing for Israel Boycott

Article
Inside Higher Ed
Scott Jaschik
July 21, 2014

The Critical Ethnic Studies Association has endorsed a boycott of Israel -- including Israeli universities.

Full Story: http://www.insidehighered.com/news/2014/07/21/ethnic-studies-group-backs-israel-boycott#sthash.a1h4j0lR.dpbs

Major Sexual Assault Settlement

Article
Inside Higher ed
Jake New
July 21, 2014

The University of Connecticut will pay nearly $1.3 million to five current and former students to settle a federal lawsuit that accused the university of mishandling allegations of sexual assault and harassment. Most of the settlement -- $900,000 -- will go to just one student.

Full Story: http://www.insidehighered.com/news/2014/07/21/u-connecticut-pay-13-million-settle-sexual-assault-lawsuit#sthash.IVmpfSTn.dpbs

January structural collapse leading to 2 worker fatalities, 9 injuries at International Nutrition in Omaha caused by overloaded storage bins

OSHA News Release
Scotte Allen or Rhonda Burke
312-353-6976
Allen.Scott@dol.gov or Burke.Rhonda@dol.gov
July 21, 2013

OSHA cites company for 13 safety and health violations

OMAHA, Neb. -- The Jan. 20 structural collapse of International Nutrition Inc.'s Omaha-facility,was caused by overloading nine storage bins on the building's roof level, an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration has found. The collapse at the livestock feed supplement manufacturer caused the death of two workers and injuries to nine other.

Full Story: http://www.dol.gov/opa/media/press/osha/osha20141328.htm

Grant to provide re-employment assistance to workers affected by manufacturing industry layoffs in Wisconsin awarded by US Labor Department

ETA News Releasee
Jason Kuruvilla or Egan Reich
202-693-6587 or x4960
Kuruvilla.Jason@dol.gov or Reich.Egan@dol.gov
July 16, 2014

WASHINGTON - The U.S. Department of Labor today announced a $471,629 National Emergency Grant to assist approximately 228 workers affected by layoffs at several of Oshkosh Defense's, a division of Oshkosh Corp., facilities located in Oshkosh, Wisconsin.

Full Story: http://www.dol.gov/opa/media/press/eta/ETA20141341.htm

Spelling it out: Call captioning comes to Penn State

Article
Penn State News
Julie Eble
July 18, 2014

New phone system text-to-speech option helps hearing impaired staff members stay connected

UNIVERSITY PARK, Pa. -- Cheri Banks considers herself technologically savvy. She likes the latest gizmos and is always dabbling in communications technology and downloading stories and articles onto her eBook. So when Bill Ritzman, Americans with Disabilities Act coordinator in Penn State's Affirmative Action Office, called to tell her about  a new Internet-based call captioning service available on the University's phone system, Banks, who is hearing impaired, was one of the first to get the service.

Full Story: http://news.psu.edu/story/321031/2014/07/18/administration/spelling-it-out-call-captioning-comes-penn-state

The American Association for Access, Equity and Diversity Hails the Fifth Circuit Court of Appeals’ Decision in the Fisher v. University of Texas Case

Press Release
PR Web
July 18, 2014

The University Properly demonstrated its Use of Race was Narrowly Tailored to Achieve Diversity

The American Association for Access, Equity, and Diversity (AAAED), an organization of equal opportunity, affirmative action and diversity professionals, is very please that the Fifth Circuit Court of Appeals ruled in favor of the University of Texas at Austin and its efforts to achieve a diverse student body.

Full Story: http://www.prweb.com/releases/2014/07/prweb12024772.htm

Mandisi Majavu Highlights the Importance of Acknowledging White Privilege

Article
Wits University Press
Corina
July 18, 2014

"Instead of doing away with affirmative action, white South Africans ought to acknowledge that fact that one of the legacies of apartheid that hinders the economic progress of many black people in this country is the history of unearned advantage that whites have over everybody else," Mandisi Majavu writes on The South African Civil Society Information Service.

Full Story: http://witspress.bookslive.co.za/blog/2014/07/18/mandisi-majavu-highlights-the-importance-of-acknowledging-white-privilege/

The 5th Circuit's pro-affirmative action decision in Fisher "may, paradoxically, tee up a major loss in the larger war."

Blog
Althouse
Ann Althouse
July 18, 2014

Richard D. Kahlenberg's explanation is - despite that mixed metaphor - skillfully done:

As a matter of process, the Fifth Circuit's decision plays into the hands of conservatives by expediting the possibility of Supreme Court review in two respects. First, the appeals court rejected UT-Austin's request that it send that case back to the district court for a potentially lengthy hearing on factual issues...

Full Story: http://althouse.blogspot.com/2014/07/the-5th-circuits-pro-affirmative-action.html

Diverse Conversations: Teaching Higher Education: the Difference Between Diversity and Equity

Article
The Huffington Post
Matthew Lynch
July 18, 2014

The nature of higher education is changing and the student population is changing at colleges and universities across the country. With luck, the promotion of equality in higher education will continue to engender equality in education -- not only in terms of student access, actually, but in terms of employment.

Full Story: http://www.huffingtonpost.com/matthew-lynch-edd/diverse-conversations-tea_b_5600011.html

Diversity key to successful city centres

Article
The Sydney Morning Herald
Tony Trobe
July 19, 2014

This week Tony Trobe talks to Viv Straw, Planning Institute Australia (ACT Division) president, in the fourth i a series of articles exploring themes derived form Randolph Hester and others, developing an Australian ecological democracy theme.

Full Story: http://www.smh.com.au/comment/diversity-key-to-successful-city-centres-20140717-ztwtb.html

Highway to the danger zone? Obama picks non-pilot to head Air Force in Pacific

Article
The Washington Times
Rowan Scarborough
July 17, 2014

Promotion sought in diversity drive

The White House has picked the first female general to head the Air Force in the Pacific, which will make her the first non-pilot to command air power in such a large theater of operation. 

Full Story: http://www.washingtontimes.com/news/2014/jul/17/air-force-command-nominee-is-1st-woman-non-pilot/

COMMENTARY: Lack of diversity remains a big issue in insurance sector

Article
The Business Insurance
Joanna Wojcik
July 20, 2014

Let's face it, the insurance industry has a diversity problem. Industry leadership continues to be "pale, male and stale," while the clients they serve are quickly becoming a vibrant tapestry of different colors and cultures reflective of the changing business world around us.

Full Story: http://www.businessinsurance.com/article/20140720/NEWS04/307209979?tags=%7C306%7C305

Take Action on Affirmative Action

Article
Central Florida Future
Our Stance
July 20, 2014

Th Supreme Court recently upheld a Michigan referendum that repealed affirmative action initiatives in the state's public university system.

These initiatives, roled out as a part of the affirmative action plans following the Civil Rights Movement, aimed at correcting the stark racial disparity evident across America's institutes of higher education.

Full Story: http://www.centralfloridafuture.com/news/view.php/788548/Take-action-on-affirmative-action

For TV diversity, we need to change those who pick the shows

Article
The Guardian
Pat Younge
July 20, 2014

Ratings underperfomance among BAME and young audiences show that programmes are not reflecting the reality of life

Last week the BBC Trust published its service review of the BBC's television channels. it identified ratings underperformance among black, Asian and minority ethnic (BAME) audiences, as well as among poorer and younger viewers, but what surprised me is that no one seemed to make the link between them.

Full Story: http://www.theguardian.com/media/media-blog/2014/jul/20/television-diversity-channels-bame-young-audiences

The Trifecta of Roommate Selection Technology: Privacy, Prejudice, And Diversity

Article
Forbes Magazine
Evan Selinger
July 20, 2014

Over at The New York Times, Natasha Singer discusses the pros and cons of universities providing incoming students with online technology that helps them select roommates. She does a great job of identifying salient points. But I think it's important to augment the story by adding some remarks on privacy and prejudice.

Full Story: http://www.forbes.com/sites/privacynotice/2014/07/20/the-trifecta-of-roommate-selection-technology-privacy-prejudice-and-diversity/

Friday, July 18, 2014

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Press Release
U.S. Equal Employment Opportunity Commission
July 16, 2014

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master

CHICAGO - Federal Magistrate Judge Michael Mason has entered a Report and Recommendation, in the form of a court order, recommending that the District Court in Chicago fin Supervalu / Jewel-Osco in contempt of court and sanction it for multiple violation of the consent decree previously entered by District Judge Ronald A. Guzman to resolve the EEOC's Americans with Disabilities Act (ADA) lawsuit against the supermarket giant.

Full Story: http://www.eeoc.gov/eeoc/newsroom/7-16-14.cfm

Study on Sex Harassment and Assault in Field Studies

Article
Inside Higher Ed
July 17, 2014

A new study in PLOS ONE has found that scholars -- especially women and those starting their careers -- experience sexual harassment and sexual assault when doing fields studies in anthropology, archaeology, geology, and other fields.

Full Story: http://www.insidehighered.com/quicktakes/2014/07/17/study-sex-harassment-and-assault-field-studies#sthash.NYaGOFsN.dpbs

Clery Fines: Proposed vs. Actual

Article
Inside Higher Ed
Michael Stratford
July 17, 2014

WASHINGTON -- Since the U.S. Department of Education in 2010 formed a specialized unit to enforce the federal campus safety law known as the Clery Act, an increasing number colleges have faced fines for violating it.

Full Story: http://www.insidehighered.com/news/2014/07/17/colleges-often-win-reduction-fines-federal-campus-safety-violations#sthash.jVIaFhzz.dpbs

Ruling in Fisher v U. Texas College Diversity Case, Fifth Circuit Upholds Principles of Diversity in Higher Education

Article
The Legal Defense Fund
July 15, 2014

Fifth Circuit Court of Appeals Upholds Principles of Diversity in Higher Education, Affirms Lower Court Ruling in Fisher v. University of Texas on Remand

The NAACP Legal Defense and Educational Fund, Inc. applauds the U.S. Court of Appeals for the Fifth Circuit's decision in Fisher v. University of Texas in which the court endorsed the benefits of a racially diverse student body. On remand from the U.S. Supreme Court, the Fifth Circuit affirmed the constitutionality of the affirmative action measures taken to advance the University of Texas Austin's (UT Austin) compelling interest in fostering a diverse learning environment. 

Full Story: http://www.naacpldf.org/press-release/ruling-fisher-v-u-texas-college-diversity-case-fifth-circuit-upholds-principles-divers

UCLA Pays $500,000 to Settle Claim of Racial Profiling

Article
Inside Higher Ed
July 14, 2014

The University of California at Los Angeles has agreed to pay 500,000 to settled complaints of use of excessive force...

Full Story: http://www.insidehighered.com/quicktakes/2014/07/14/ucla-pays-500000-settle-claim-racial-profiling#ixzz37d9yKtwA

Why diverse teams make good business sense

Article
A Financial Review
Claire Stewart
July 18, 2014

Unconscious bias is no excuse for poor behaviour, and it's not the sole affliction of men, according to former Diversity Council of Australia chief executive Nareen young.

Full Story: http://www.afr.com/p/national/work_space/100women/why_diverse_teams_make_good_business_4dGOPBwFJbuNr4E8xRUuiN

Jesse Jackson demands Twitter release employee diversity data

Article
PC World
John Ribeiro
Twitter: @JohnRibeiro
July 17, 2014

U.S. civil rights leader Reverend Jesse Jackson has called on Twitter to release its employee diversity information, which its Silicon Valley peers such as Google, Yahoo, LinkedIn and Facebook have already done.

Full Story: http://www.pcworld.com/article/2455800/jesse-jackson-demands-twitter-release-employee-diversity-data.html

Both Sides Find Reason for Optimism After Latest Ruling on Texas Affirmative Action

Article
Diverse Education
Kimberly Davis
July 17, 2014

When federal judges on Tuesday upheld the University of Texas' use of race as a factor in college admissions, the decision sent two important signals. To proponents of affirmative action, the ruling was confirmation that diversity, particularly race and ethnicity, in education is an essential and constitutional goal.

Full Story: http://diverseeducation.com/article/65680/

DOJ Sues Entergy for Not Reporting Affirmative-Action Compliance

Article
The Wall Street Journal
Maria Armental and Lauren Pollock
July 17, 2014

Entergy Also Sees Profit Growth, But Outlook Misses Estimates

The U.S. Department of Justice is suing energy company Entergy Corp. for failing to submit required proof of its affirmative-action programs.

The compliant, filed in U.S. District Court in New Orleans Thursday, alleges Entergy has refused repeated requests from the Department of Labor's Office of Federal Contract Compliance Programs. 

Full Story: http://online.wsj.com/articles/entergy-sees-profit-growth-but-outlook-misses-estimates-1405596852

U.S. Sues Entergy for Not Reporting Affirmative Action Compliance

Article
Reuters
July 17, 2014

(Reuters) - The U.S. Department of Justice on Thursday sued Entergy Corp, accusing the utility owner and power producer of refusing to show that it complies with rules governing affirmative action, a requirement for federal contractors.

Full Story: http://www.reuters.com/article/2014/07/17/entergy-lawsuit-idUSL2N0PS34H20140717

For Ph.D.s in STEM Fields, Blacks Are More Likely Than Whites to Have Non-STEM Careers

Article
The Journal of Blacks in Higher Education
July 14, 2014

A new study by the American Institutes for Research finds that one of every six students who graduate with a Ph.D. in a STEM discipline pursues a career in a non-STEM field.

Full Story: http://www.jbhe.com/2014/07/for-ph-d-s-in-stem-fields-blacks-are-more-likely-than-whites-to-have-non-stem-careers/

New Report Examines Ways to Increase Retention of Black and Other Minority Teachers

Article
The Journal of Blacks in Higher Education
July 14, 2014

The Center for American Progress has released a new study documenting the importance of efforts to retain Black and other minority teachers in our nation's public schools. Among the findings of the report are: ...

Full Story: http://www.jbhe.com/2014/07/new-report-examines-ways-to-increase-retention-of-black-and-other-minority-teachers/

Giving Working Families a Voice

Blog
The White House
(Cross-Posted on the U.S. Department of Labor)
Secretary Thomas E. Perez
July 16, 2014

Last night, New York Mets second baseman Daniel Murphy participated in Major League Baseball's All-Star Game - proof positive that you can perform peerlessly at your job while still taking care of your family at critical moments. Murphy made headlines a few months ago when he chose to miss the first game of the season to be with his wife after she gave birth to their child.

Full Story: http://www.whitehouse.gov/blog/2014/07/16/giving-working-families-voice

Thursday, July 17, 2014

Church of England Votes to Accept Women as Bishops

Article
New York Times
Stephen Castle
July 14, 2014

LONDON - After years of deadlock and division, the Church of England voted on Monday to allow women to become bishops, overturning centuries of tradition and overcoming a long-running dispute that had undermined the unity of Anglicans.

Full Story: http://www.nytimes.com/2014/07/15/world/europe/church-of-england-votes-to-allow-women-as-bishops.html

Pope Francis Says Women Should Play Larger Role in Church

Article
Time Magazine
Sam Frizell
Twitter: @Sam)Frizell
January 25, 2014

But remain silent on the matter of female ordination to the priesthood

Women should take on greater responsibility in the Catholic Church, Pope Francis said Saturday in a speech to an Italian women's group, saying that women's "gifts of delicateness, special sensitivity and tenderness" make them unique poised to share pastoral roles with men.

Full Story: http://world.time.com/2014/01/25/pope-francis-says-women-should-play-larger-role-in-church/

Pope Francis: Church could support civil unions

Article
CNN News
Religion Blog
Daniel Burke
CNN Belief Blog Co-Editor
Twitter: @BurkeCNN
March 5, 2014

(CNN) - Pope Francis reaffirmed the Catholic Church's opposition to gay marriage on Wednesday, but suggested in a newspaper interview that it could support sone types of civil unions.

Full Story: http://religion.blogs.cnn.com/2014/03/05/pope-francis-church-could-support-civil-unions/

Pope Says Children at U.S. Border Must Be 'Welcomed and Protected'

Article
NBC News
Erin McClam
July 15, 2014

Pope Francis says migrants around the world are subjected to "racist and xenophobic attitudes" and he wants the tens of thousands of Central American children crossing the border into the United States to be "welcomed and protected."

Full Story: http://www.nbcnews.com/storyline/immigration-border-crisis/pope-says-children-u-s-border-must-be-welcomed-protected-n156106

Affirmative Action Survives in Texas

Article
The New York Times
July 16, 2014

For the second time since 2011, a federal appeals court on Tuesday upheld the policy at the University of Texas at Austin to consider race as a factor in some of its admissions decisions. The ruling could well put the affirmative action issue back before the Supreme Court as soon as the coming term.

Full Story: http://www.nytimes.com/2014/07/17/opinion/Affirmative-Action-Survives-in-Texas.html?_r=0

Let’s Apply Affirmative Action Based on Present-Day Segregation, Not Race

Article
The Root
Sheryll Cashin
July 17, 2014

In his recent case for reparations, the Atlantic's Ta-Nehisi Coates offers this startling fact: "Black families making $100,000 typically live in the kinds of neighborhoods inhabited by white families making $30,000."

Full Story: http://www.theroot.com/articles/culture/2014/07/sheryll_cashin_a_reply_to_my_critics.html?wpisrc=burger

The Best Law Firms For Diversity (2015)

Article
Above the Law
Staci Zaretsky
July 16, 2014

You don't often hear many good things about diversity in the legal profession. Women lawyers continue to be told how to dress themselves, and minorities have to grapple with racist typos.

Full Story: http://abovethelaw.com/2014/07/the-best-law-firms-for-diversity-2015/

What does diversity look like? On TV this fall, we will find out

Article
The Washington Post
Alyssa Rosenber
Twitter: @AlyssaRosenberg
July 16, 2014

What do owe mean when we talk about diversity in media? Is it a matter of changing the composition of the workforce, either at the executive level or throughout the ranks? Should our goal be to change the mix of people about whom we tell stories? Is it a matter of not just featuring different people but also telling stories that are specifically about the experience of difference?

Full Story: http://www.washingtonpost.com/news/act-four/wp/2014/07/16/what-does-diversity-look-like-on-tv-this-fall-we-will-find-out/

Cable News Diversity Really, Really Sucks. Here's One Example.

Article
The Huffington Post
Catherine Taibi
July 16, 2014

People of color are largely underrepresented on top cable news shows, a new study from progressive watchdog FAIR has found.

Full Story: http://www.huffingtonpost.com/2014/07/16/cable-news-guests-diversity-fair-study-cnn-msnbc-fox_n_5591591.html

Don’t Dodge the Diversity Question!

Article
The Chronicle Vitae
Associate Professor of English at College of DuPage
July 16, 2014

In interviewing part-time and full-time faculty candidates at my community college, I've found that the question applicants are most likely to answer ineffectively is the so-called diversity question - you know, the one that goes something like, "Describe your experiences with diversity in and/or outside the classroom."

Full Story: https://chroniclevitae.com/news/610-don-t-dodge-the-diversity-question?cid=megamenu
     
FOR IMMEDIATE RELEASE

American Association for Access, Equity and Diversity
Hails the Fifth Circuit Court of Appeals' Decision in the
Fisher v. University of Texas Case

The University Properly demonstrated its Use of Race was Narrowly Tailored to Achieve Diversity
For Immediate Release: July 16, 2014
Contact:  Shirley J. Wilcher
240-893-9475
execdir@aaaed.org

 

Washington, DC, July 16, 2014 - The American Association for Access, Equity and Diversity (AAAED), an organization of equal opportunity, affirmative action and diversity professionals, is very pleased that the Fifth Circuit Court of Appeals ruled in favor of the University of Texas at Austin and its efforts to achieve a diverse student body. AAAED President Marshall Rose stated: "Now that the Fifth Circuit has handed down its decision in Abigail Fisher v. University of Texas at Austin, we wish to underscore that diversity remains a compelling interest, that colleges and universities may take race into account among many factors, and that the limited use of race can be done in a way that passes constitutional muster."

Founded in 1974 as the American Association for Affirmative Action (AAAA), AAAED is a national not-for-profit association of professionals working in the areas of compliance and diversity. AAAED has more than 40 years of leadership in providing professional training to members, enabling them to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action and other equal opportunity and related compliance laws and regulations to enhance the diversity tenets of access, inclusion and equality in employment, economic and educational opportunities.

In 2013, the U.S. Supreme Court remanded the Fisher case to the lower court with the admonition that: "The reviewing court must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity."  The Fifth Circuit has ruled that the University made the requisite showing that it had explored race-neutral alternatives, including the Texas Ten Percent Plan (top ten percent of Texas high school graduates automatically admitted) and continued to need to use race, among other factors, in order to achieve a diverse student body. Whether this case will be heard by the Supreme Court for a second time remains to be seen.

In the association's amicus brief filed to support the University of Texas, AAAA argued that the University of Texas at Austin worked hard to develop a fair and inclusive admissions program that contributed to diversity on campus in the broadest sense of the word without unduly burdening anyone. AAAA also argued that the steps the University took to promote diversity were "narrowly tailored" - another constitutional requirement - and necessary to achieve the compelling state interest.

On the merits, the Fifth Circuit quite effectively stated the case for the necessity of a holistic component as a counterpart to the Top Ten Percent system and for the inclusion of race as a small but nonetheless essential part of that holistic analysis. "While the Top Ten Percent program may increase the raw numbers of minority admissions, the court notes that it achieves this end largely because of the unfortunate re-segregation of Texas secondary schools," stated AAAED Board member andamicus co-counsel Attorney Dean Sparlin.   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 Latino students," added Sparlin.

Executive Director Shirley J. Wilcher said: "The University's "holistic review" process contributes to the rich diversity of talents, perspectives and abilities of all students, both minority and nonminority, by accepting students who would otherwise have been excluded by the Ten Percent program." "In this increasingly diverse nation, our future depends upon all qualified individuals receiving a chance to compete in education, employment and business and we commend the University of Texas at Austin for its continued leadership and courage," added President Rose.




For more information, go to www.aaaed.org or www.affirmativeaction.org .

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