News and Commentary on Affirmative Action, Equal Opportunity, Civil Rights and Diversity - Brought to you by the American Association for Access, Equity, and Diversity (AAAED)
Saturday, October 25, 2014
OFCCP issues two new “FAQs”
EEOC files second wellness program lawsuit against an employer
EEOC sues over transgender discrimination
Laying a foundation for diversity & inclusion: a case study
Obama: No rush to end affirmative action
Read more: http://www.washingtontimes.com/news/2014/oct/20/obama-no-rush-end-affirmative-action/#ixzz3HCICbl7Z
Obama on Affirmative Action in Higher Ed
Please read more here
Postal Workers Take on Harvard President
Thursday, October 23, 2014
Response to Schuyler's Post on OFCCP NPRM on Equal Pay
Monday, October 20, 2014
Austrian Conference Explores Global Diversity Issues
Reyes, 33, a third-year Ph.D. student in higher education at the University of Michigan’s Center for the Study of Higher and Postsecondary Education, was one of more than fifty participants who journeyed to this small European city to take part in the Salzburg Global Seminar “Students at the Margins and the Institutions that Serve Them: A Global Perspective.”
For Reyes, the weeklong experience of trading ideas with scholars concerned about the plight of disadvantaged students across the world has only strengthened her resolve to want to make a lasting impact with students in the United States.
For more click here http://diverseeducation.com/article/67428/?utm_campaign=Diverse%20Newsletter%203&utm_medium=email&utm_source=Eloqua&elq=bdbf475726244a48977a7e572e064f4b&elqCampaignId=415
Gender Gap in IT Security
Women who rise to the position of chief security information officer are already a rare sight in higher education, but over the next decade and a half, they may become an endangered species.
The 2014 Higher Education Chief Information Security Officer Study, released this week, contains grim news about the future of university IT offices, where men already far outnumber women. Four in every five CISOs who are women are 51 years or older, and two in five plan to retire within the next 10 years.
Read more here https://www.insidehighered.com/news/2014/10/17/survey-shows-no-signs-improvement-gender-gap-among-cisos
The 'Yes Means Yes' World
When the sexual assault prevention group Culture of Respect attended the Dartmouth Summit on Sexual Assaultin July to promote its forthcoming website, the group went by a different name. The nonprofit passed out business cards and marketing all emblazoned with the phrase “No Means No.”
For the last two decades, that’s been the slogan of choice for sexual assault prevention efforts, and just a few months ago it seemed like a perfect fit for the new organization. But in the weeks leading up to No Means No’s official launch, the organization began having second thoughts.
“The swiftly evolving conversation about defining sexual assault signaled to us that we needed to reframe our name as something more positive,” said Allison Korman, the group’s executive director. “And it’s even possible that ‘No means no’ will be an outdated or irrelevant concept in 10 years. Students may not have even heard of the phrase by then.”
Read more here https://www.insidehighered.com/news/2014/10/17/colleges-across-country-adopting-affirmative-consent-sexual-assault-policies
OCR issues guidance on Title VI of the Civil Rights Act of 1964
New executive orders and OFCCP rules for federal contractors
Executive Order 11478
On July 21, President Obama issued Executive Order 11478, in relevant part, to prohibit federal contractors and subcontractors (government contractors) from discriminating against their employees based on their sexual orientation and gender identity. Executive Order 11478 amends Executive Order 11246, which already provided protection to employees based on race, color, religion, gender and national origin.
Additionally, the new amendment requires federal contractors to:
- Take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to their sexual orientation and gender identity;
- Amend job advertisements and solicitations for advancement to state that all qualified applicants will receive consideration for employment without regard to sexual orientation or gender identity; and
- Revise the nondiscrimination clause in their vendor and supplier subcontracts to ban sexual orientation and gender identity discrimination.
Although the order is effective immediately, the Secretary of Labor has 90 days from the date of the order to issue regulations outlining employers’ obligations under the order. As such, contractors should commence reviewing their policies and contracts in the interim to identify which ones will need to be changed once the final regulations are implemented.
Read more here http://www.lexology.com/library/detail.aspx?g=eebf2516-f329-4117-8117-b94d12ca9a33&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2014-10-15&utm_term=
The Proposed NPRM: Providing Incentives to Aspire to an Acceptable Pay Gap
On August 6, 2014, the U.S. Department of Labor issued a proposal to collect summary data on how federal contractors and subcontractors pay their employees. This Notice of Proposed Rulemaking was published in the Federal Register on August 8, and is open for public comment until November 6, 2014.
The NPRM proposes the use of compensation provided by federal contractors to establish an “industry standard” for pay gaps between men and women, and minorities and non-minorities, against which each federal contractor will be compared. But the establishment of an “industry standard” for pay gaps will send the wrong message about disparities in compensation, and this method could ultimately undermine efforts to eliminate pay differentials.
First, the “industry standard” could be perceived to be an acceptable pay gap, which would provide a disincentive for employers to close pay gaps which are smaller than the industry standard. Only those contractors whose pay disparities fall below this level will have the incentive to act, as the ones whose pay differential is above the mean have little risk of being audited. Thus, a contractor could have a discriminatory pay practice, but if the overall differential is higher than the “industry standard,” they are not likely to be concerned about the consequences.
Second, because the established “industry standard” pay gap will reflect approximately half (depending on the level of the disparity) of the contractors falling below par, the level is not one to which we want to be aspiring. In fact, that will become the new normal, and over time we would find contractors below the line pushing their salaries up, but only to the average of the industry, which is a measure tainted by bad actors. Granted, over time the pay gap would likely be reduced. But progressing in this half-life-like manner will never eliminate the paydisparities.
I suggest a different approach.
One alternative is to collect all of the compensation information (and I will leave it to my colleagues to comment on how that should be done), aggregate the data by industry (but not necessarily by geography), and determine which industry has the most significant pay gaps. Then compare the federal contractors in that industry to the “industry standard,” and focus on everyone “below the line.” This approach differs than what is proposed in several respects.
First, the emphasis here is on transforming compensation in an industry – not just individual contractors. The only reason contractors “below the line” are targeted is to better focus OFCCP’s limited resources.
Second, the “industry standard” measure itself should be kept confidential. This encourages all federal contractors in the industry to evaluate their own compensation system, regardless of where they stand in relation to the industry standard. We don’t want to provide disincentives for correcting pay disparitiesthat are above the line.
Another alternative is to use data from the Bureau of Labor Statistics (BLS) to determine which industry to target. BLS uses a sophisticated sampling methodology to analyze pay in various industries, and this method has been tested over time to provide results upon which we have come to rely. Once the industries were identified, OFCCP could request the compensation data for federal contractors in those specific industries. Then the data could be triaged to determine which companies would be subject to audit.
This method would also lessen the burden on federal contractors, as it would only require summary compensation data from the federal contractors in the targeted industries. Further, it would use limited OFCCP resources, as there would be no need to compile the data to establish “industry standard” pay gaps. Finally, because the BLS data is already accessible, the process could begin sooner, putting a reduction in the pay gap between men and women, and minorities and non-minorities, on a faster pace.
By Marilynn Schuyler
Schuyler Affirmative Action Practice
Wednesday, October 15, 2014
Despite Tech Degree, Minorities Not Hired
Technology companies blame the pool of job applicants for the severe shortage of blacks and Hispanics in Silicon Valley.
But these findings show that claim "does not hold water," said Darrick Hamilton, professor of economics and urban policy at The New School in New York.
Pease, Campbell: Why women don't get raises
(CNN) - In American business great CEOs embody their companies. They persuasively connect their companies' brands to the emotions, desires, aspirations and, yes, the fears and challenges of consumers -- men and women alike. Jack Welch of General Electric, Roger Enrico of PepsiCo, Howard Schultz of Starbucks, Steve Jobs of Apple all come to mind.
A great CEO is a company's No. 1 salesperson.
Yet Microsoft CEO Satya Nadella has showed himself as just the opposite, last week whipping up the justified anger of women in the workforce with advice that they should wait patiently for pay raises.
Please read more here http://www.cnn.com/2014/10/14/opinion/pease-campell-nadella-women-karma/index.html?hpt=hp_t3
VETS NEWS RELEASE
News Release
VETS News Release: [09/26/2014]
Contact Name: Egan Reich
Phone Number: (202) 693-4960
Email: reich.egan@dol.gov
Release Number: 14-1802-NAT
New rule streamlines reporting requirements on veterans' employment and hiring for federal contractors
WASHINGTON — The U.S. Department of Labor published a final rule that reduces reporting requirements for federal contractors and subcontractors who hire and employ veterans under provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
"Over the next decade, this change will result in a significant reduction in paperwork burden for federal contractors and subcontractors," said Assistant Secretary of Labor for Veterans' Employment and Training Keith Kelly. "In addition to easing the burden on contractors, the data collected by these reports will help the Labor Department develop more informative yearly trends in the employment of protected veterans."
The final rule revises the VETS-100A Report and renames it the VETS-4212 Report. The VETS-100 Report will no longer be used. The VETS-4212 Report requires contractors to report specified information on protected veterans in their workforce in the aggregate, rather than for each category of veterans protected under the statute, reducing the required reporting elements by almost half, from 82 to 42. Under VEVRAA, the term "protected veterans" includes: disabled veterans, veterans who served on active duty during a war or campaign for which a campaign badge was authorized, veterans who were awarded an Armed Forces Service Medal and recently separated veterans.
Under this final rule, the department will receive valuable information on the number of protected veterans employed by federal contractors and the job categories in which they work. We estimate that this rule will ultimately result in substantial savings for contractors — approximately $18.2 million over a 10-year period. The final rule was published in the Federal Register, and it is available at https://federalregister.gov/a/2014-22818.
The Veterans' Employment and Training Service serves America's veterans and separating service members by preparing them for meaningful careers, providing employment resources and expertise and protecting their employment rights.
http://www.dol.gov/opa/media/press/vets/VETS20141802.htm
Last Assault on Civil Rights
“She rattles the institution”: How Sonia Sotomayor is transforming the Supreme Court
Keeping in mind that most of us are still a bit fuzzy on the whole three branches of government thing, it shouldn’t be a surprise to find that Justice Sonia Sotomayor, despite being the first Latina member in the high court’s history, remains something of a mystery to most Americans. The fact that the Supreme Court is infamously tight-lipped and secretive — so much so that we often only find out the real story behind historic cases decades after they’ve occurred — certainly doesn’t help.
But while many Americans may still not have much of a feel for Justice Sotomayor, journalist and author Joan Biskupic’s new biography, “Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice,” makes a persuasive case that the Court’s first Latina is already having great influence over the legal questions that, whether they know it or not, influence all Americans’ lives. And she’s doing it, in part, by shaking up one of the most staid and conservative institutions in the world.
Please read more here http://www.salon.com/2014/10/09/she_rattles_the_institution_how_sonia_sotomayor_is_transforming_the_supreme_court/
Publishers of Texas textbooks respond to complaints on Clinton, Bush, more
AUSTIN — A biographical sketch of Hillary Rodham Clinton has been removed. Negative references to former President George W. Bush have been changed.
Those were among among hundreds of alleged errors cited by critics who testified at an all-day State Board of Education hearing last month on new social studies textbooks and e-books for Texas public schools.
Now, the publishers have responded. In many cases, they refused to make changes requested by special interest groups or private citizens. But in some, they agreed to modify or eliminate offending language or paragraphs before the board gives the books final consideration in November. The books will be sent to schools in the fall of 2015.
Please read more here http://www.dallasnews.com/news/education/headlines/20141008-textbook-publishers-respond-to-complaints-on-clinton-bush-more.ece
Right to Know Why Not
Suit Says College Allows Alleged Rapist to Withdraw
Virginia Wesleyan College allowed a student accused of sexual assault to voluntarily withdraw from the institution so that he could attend college elsewhere, the Virginian-Pilot reported. The student was originally dismissed after the college found him to have sexually assaulted another student, but the college later decided to allow him to withdraw instead, which "may assist him in seeking further studies," according to a letter written by the college's vice president that was included in a lawsuit filed by the victim. The woman, who said she was raped for five hours in 2012, is suing the university for $10 million.
Whites think discrimination against whites is a bigger problem than bias against blacks
Wednesday, October 8, 2014
American Association for Access, Equity and Diversity Announces Appointment of William B. Harvey, Ph.D. as Distinguished Scholar
Study reveals Millennials oppose affirmative action
Standards for a Diversity Leader
Friday, October 3, 2014
SAPS needs affirmative action
For millions of South Africans affirmative action means a long overdue chance to come into their own and start enjoying the good things the country has to offer. For others, particularly those leading comfortable lives today, it signifies a new form of discrimination and injustice, a vengeful form of juggling around with race quotas so as to threaten their livelihoods and security.
We see this as a false choice. If well handled, affirmative action will help bind the nation together and produce benefits for everyone. If badly managed, it will simply redistribute resentment, damage the economy and destroy social peace. If not undertaken at all, the country will remain backward and divided at its heart.
For more click here http://www.iol.co.za/the-star/saps-needs-affirmative-action-1.1759855#.VC81fqb3bCQ