Affirmative Action Blog Spot

Another federal contractor hiring quota? Say it ain't so!

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 18:32:00 +0000

Lexology.com
Baker Donelson Bearman Caldwell & Berkowitz PC
USA
December 30 2011

Just several months after the Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking (NPRM) that sought significant revisions to the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974, the OFCCP issued another NPRM. This new NPRM will drastically affect federal contractors' affirmative action obligations to individuals with disabilities. The most significant revisions are discussed briefly below.

Seven Percent Utilization Goal

The NPRM seeks to establish a seven percent utilization goal for each job group of a contractor's workforce. Thus, in addition to the utilization percentages that contractors establish for minorities, females and (if adopted) veterans, contractors will also soon be tasked with meeting a seven percent utilization goal for individuals with disabilities.

http://www.lexology.com/library/detail.aspx?g=c173fe3a-bb0b-4768-9ff5-9a5f41166b08&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-16&utm_term=

Affirmative action suit gets Brown's support

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 18:16:00 +0000

San Francisco Gate
Bob Egelko, Chronicle Staff Writer
Tuesday, January 17, 2012

More than 15 years after California voters approved a ban on affirmative action based on race or gender preferences, a new challenge to Proposition 209 has reached a federal appeals court - and the challengers this time include Gov. Jerry Brown.

Prop. 209 "imposes unique political burdens on minorities" and violates the constitutional guarantee of equal protection, Brown's lawyers from the attorney general's office told the Ninth U.S. Circuit Court of Appeals in San Francisco, which will hear arguments Feb. 13.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/16/BAG01MQ7P3.DTL#ixzz1jk0MeSpW

Former head of IU program files EEOC complaint

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 18:08:00 +0000

Chicago Tribune
Associated Press
6:35 a.m. CST, January 17, 2012

BLOOMINGTON, Ind.— The former director of an Indiana University scholarship program has filed a federal complaint accusing IU of gender and equal pay discrimination.

Full Story: http://www.chicagotribune.com/news/chi-ap-in-iu-discrimination,0,4534889.story

NLRB postpones date employers must post NLRA rights poster

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 18:04:00 +0000

Lexology.com
Fox Rothschild LLP
Matthew R. Porio and Brian A. Caufield
USA

On December 23, 2011, the National Labor Relations Board (NLRB or Board) agreed to postpone the date employers nationwide are to post a notice advising employees of their rights under the National Labor Relations Act from Jan. 30, 2012, to April 30, 3012. This decision was at the request of the federal court in Washington, DC, that is currently hearing a legal challenge regarding the rule.

Full Story: http://www.lexology.com/library/detail.aspx?g=49b1eb8a-c262-46f1-8729-57228523a60d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-17&utm_term=

DOL issues fact sheets on retaliation

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 18:01:00 +0000

Lexology.com
Littler Mendelson PC
Ilyse Schuman
USA

January 4 2012

The Department of Labor’s Wage and Hour Division (WHD) has issued three new fact sheets on unlawful retaliation under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Fact Sheet number 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitions, coverage and enforcement issues related to section 15(a)(3) of the FLSA, which makes it a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” The fact sheet explains that covered complaints may be made orally or in writing, and that most courts have concluded that the FLSA’s retaliation protections extend to internal complaints as well.

Full Story: http://www.lexology.com/library/detail.aspx?g=3fe26731-5287-44bd-a662-403d91599b0e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-17&utm_term=

US Labor Department settles charges of racial discrimination with Houston-based defense contractor JacintoPort

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 17:24:00 +0000

U.S. Department of Labor
Office of Federal Contract Compliance Programs
OFCCP News Release: [01/12/2012]
Contact Name: Elizabeth Todd or Juan Rodriguez
Phone Number: (972) 850-4710 or x4709
Release Number: 12-0015-DAL

Agreement includes $219,000 in back wages and interest for 69 African-American and Caucasian applicants plus job offers for some

HOUSTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that government contractor JacintoPort International LLC has agreed to settle allegations of hiring discrimination on the basis of race involving 48 African-American and 21 Caucasian job applicants who were rejected for longshoreman positions at the company's cargo facility in Houston.

"In this day and age, it is shocking that any company would allow race to be a factor in determining who gets hired," said OFCCP Director Patricia A. Shiu. "This settlement should put all federal contractors on notice that, in the Obama administration, we will be persistent when it comes to rooting out workplace discrimination and will vigilantly monitor employers who violate the law until they get it right."

OFCCP previously cited JacintoPort for violating requirements of Executive Order 11246 by failing to implement an applicant tracking system for new hires, and to develop and execute action-oriented programs to recruit women and African-Americans. That matter was settled on June 6, 2006, with a conciliation document in which JacintoPort agreed to correct the violations and produce semiannual reports on the company's progress in employing women and minorities.

In reviewing those progress reports, OFCCP investigators found that the company was giving preferential treatment to Latino applicants and systematically discriminating against African-Americans and Caucasians seeking longshoreman jobs. Under the terms of the latest conciliation agreement, JacintoPort will pay $219,000 in back wages and interest to the affected individuals, and make 17 job offers to members of the original class as longshoreman positions become available. In addition, JacintoPort has agreed to undertake extensive self-monitoring measures to ensure that all hiring practices fully comply with the law, including record-keeping requirements.

JacintoPort, a wholly-owned subsidiary of Shawnee Mission, Kan.-based Seaboard Corp., currently holds more than $1.2 million in contracts to store and transport cargo for the Defense Commissary Agency.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251 or visit its website at http://www.dol.gov/ofccp/.
Read this news release en Español.

http://www.dol.gov/opa/media/press/ofccp/OFCCP20120015.htm

Pepsi to Pay $3.13 Million and Made Major Policy Changes to Resolve EEOC Finding of Nationwide Hiring Discrimination Against African Americans

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 17:18:00 +0000

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
1-11-12

Company’s Former Use of Criminal Background Checks Discriminated Based On Race, Agency Found

MINNEAPOLIS – Pepsi Beverages (Pepsi), formerly known as Pepsi Bottling Group, has agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed in the Minneapolis Area Office of the U.S. Equal Employment Opportunity Commission (EEOC). The monetary settlement will primarily be divided among black applicants for positions at Pepsi, with a portion of the sum being allocated for the administration of the claims process. Based on the investigation, the EEOC found reasonable cause to believe that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964.

The EEOC’s investigation revealed that more than 300 African Americans were adversely affected when Pepsi applied a criminal background check policy that disproportionately excluded black applicants from permanent employment. Under Pepsi’s former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense.

Pepsi’s former policy also denied employment to applicants from employment who had been arrested or convicted of certain minor offenses. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act of 1964, when it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity.

“The EEOC has long standing guidance and policy statements on the use of arrest and conviction records in employment,” said EEOC Chair Jacqueline A. Berrien. “I commend Pepsi’s willingness to re-examine its policy and modify it to ensure that unwarranted roadblocks to employment are removed.”

During the course of the EEOC’s investigation, Pepsi adopted a new criminal background check policy. In addition to the monetary relief, Pepsi will offer employment opportunities to victims of the former criminal background check policy who still want jobs at Pepsi and are qualified for the jobs for which they apply. The company will supply the EEOC with regular reports on its hiring practices under its new criminal background check policy. Pepsi will conduct Title VII training for its hiring personnel and all of its managers.

“When employers contemplate instituting a background check policy, the EEOC recommends that they take into consideration the nature and gravity of the offense, the time that has passed since the conviction and/or completion of the sentence, and the nature of the job sought in order to be sure that the exclusion is important for the particular position. Such exclusions can create an adverse impact based on race in violation of Title VII,” said Julie Schmid, Acting Director of the EEOC’s Minneapolis Area Office. “We hope that employers with unnecessarily broad criminal background check policies take note of this agreement and reassess their policies to ensure compliance with Title VII.”

“We obtained significant financial relief for a large number of victims of discrimination, got them job opportunities that they were previously denied, and eradicated an unlawful barrier for future applicants,” said EEOC Chicago District Director John Rowe. “We are pleased that Pepsi chose to work with us to reach this conciliation agreement and that through our joint efforts, we have been able to bring about real change at Pepsi without resorting to litigation.”

The EEOC enforces federal laws against employment discrimination. The EEOC issued its first written policy guidance regarding the use of arrest and conviction records in employment in the 1980s. The Commission also considered this issue in 2008 and held a meeting on the use of arrest and conviction records in employment last summer. The EEOC is a member of the federal interagency Reentry Council, a Cabinet-level interagency group convened to examine all aspects of reentry of individuals with criminal records.

The Minneapolis Area Office is part of the EEOC’s Chicago District. The Chicago District is responsible for investigating charges of discrimination in Minnesota, Illinois, Wisconsin, Iowa and North and South Dakota. Further information is available at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/1-11-12a.cfm

University of Michigan Study Finds Gender Differences in Participation in Extracurricular Activities

noreply@blogger.com (AAAA) — Tue, 17 Jan 2012 17:10:00 +0000

Women in Academia (WIA) Report
Posted January 11, 2011

Data from the Institute for Social Research at the University of Michigan finds vast gender differences in participation in extracurricular activities for high school seniors. For example:

• Slightly more than 11 percent of women were involved with the high school newspaper or yearbook. This is about double the rate for male high school seniors.

Full Story: http://www.wiareport.com/2012/01/university-of-michigan-study-finds-gender-differences-in-participation-in-extracurricular-activities/?utm_source=Women+In+Academia+Report&utm_campaign=bbbe0ad4a7-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email

AAAA Issues Call for Presenters for 2012 Conference

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 19:17:00 +0000

AMERICAN ASSOCIATION FOR AFFIRMATIVE ACTION
SEEKS PRESENTERS FOR
38TH NATIONAL CONFERENCE AND ANNUAL MEETING
JUNE 13-15, 2012

CALL FOR PRESENTERS

Washington, DC January 9, 2012- The American Association for Affirmative Action (AAAA) invites professionals, groups, organizations and others with expertise on equal employment opportunity, affirmative action, or diversity to submit a proposal to speak at the 38th National Conference and Annual Meeting at the Downtown Renaissance Hotel in Washington, DC from June 13-15. The theme for the 2012 conference is: “The Fierce Urgency of Now: The Economic Case for EEO, Affirmative Action and Diversity.”

The association encourages presenters to address the theme and consider the impact of the economy on AA/EEO or diversity. Proposals should also seek to discuss the theme from the unique perspectives of private businesses, federal government, or higher education. Proposals must be submitted electronically by February 24, 2012 to Matthew J. Camardella camardem@jacksonlewis.com .

READ MORE: AAAA ANNUAL CONFERENCE 2012 CALL FOR PRESENTERS

For more information about AAAA or the Conference, please contact us at:
AAAA 38th National Conference and Annual Meeting
888 16th Street, NW, Suite 800
Washington, D.C. 20006
(202) 355-1399 * (800) 252-8952 * Fax: (202) 355-1399
aaaaconference2012@affirmativeaction.org
www.affirmativeaction.org.

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.

EEOC: High school diploma requirement might violate Americans with Disabilities Act

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 19:13:00 +0000

The Washington Times
David Boyer
January 1, 2012

Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act.

The development also has some wondering whether the agency’s advice will result in an educational backlash by creating less of an incentive for some high school students to graduate.

Full Story: http://www.washingtontimes.com/news/2012/jan/1/eeoc-high-school-diploma-might-violate-americans-w/?utm_source=RSS_Feed&utm_medium=RSS

AAAA Hosts Conference Call on OFCCP's Sec. 503 Proposed Regs

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 18:43:00 +0000

SAVE the DATE!

The American Association for Affirmative Action (AAAA) will host a conference call on the Office of Federal Contract Compliance Programs' proposed regulations to revise its affirmative action and nondiscrimination requirements for individuals with disabilities. The ninety-minute conference call will take place on Wednesday, January 18, 2012 at 2:00 PM EST. The discussion will be led by Matthew Camardella, AAAA General Counsel and partner with Jackson Lewis LLP. This is an opportunity for AAAA members to learn what is being proposed and to provide input into the potential implications of the regulations on EEO administration and enforcement in the workplace.

The number of phone lines will be limited. Call-in information will be sent out soon. SAVE the DATE!

Bank of Albuquerque Discriminated on the Basis of Age and Sex, EEOC Alleges in Lawsuit

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 18:32:00 +0000

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
1-4-12

Older Women Fired or Disciplined, Federal Agency Charges

PHOENIX -- BOK Financial Corporation, doing business as the Bank of Albuquerque, unlawfully discharged managers Elizabeth Morantes and Yolanda Fernandez because they were women over 40 years of age, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today. The EEOC’s lawsuit also alleges that another employee, Betty Brewer, was disciplined because of her sex and age.

The lawsuit alleges that the two managers—who were long-time employees of the bank—were discharged and Brewer was disciplined for reasons not applied to younger male managers and employees. Such alleged conduct violates Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex, and the Age Discrimination in Employment Act, which bars discrimination on the basis of age above 40.

The EEOC filed suit, EEOC v. BOK Financial Corporation dba Bank of Albuquerque, (CV 11-01132-ALB-KBM-LFG), in U.S. District Court for the District of New Mexico in Albuquerque, after first attempting reach a voluntary pre-litigation settlement. The agency is seeking monetary relief for the three victims as well an injunction prohibiting the bank from engaging in any further discriminatory practices.

EEOC Regional Attorney Mary Jo O’Neill said, “Longtime employees should not be jettisoned because of their age and sex. Discrimination on the basis of age and sex violates federal law.”

Rayford O. Irvin, District Director of the EEOC’s Phoenix District Office, added, “Women over the age of 40 constitute a protected subclass of workers. We will continue to vigorously pursue our mission of fighting employment discrimination on all fronts, including discrimination based on both age and sex.”

The EEOC is responsible for enforcing the nation’s laws prohibiting employment discrimination. EEOC’s Phoenix District Office has jurisdiction over Arizona, Colorado, Utah, Wyoming, and part of New Mexico (including Albuquerque). Further information about the EEOC is available on its website at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/1-4-12.cfm

Matrix L.L.C. Will Pay $450,000 to Settle EEOC Race Discrimination and Retaliation Lawsuit

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 18:28:00 +0000

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
1-6-12

Cleaning Company Fired African-American Employees and White Employee Who Refused to Discriminate, Federal Agency Said

PHILADELPHIA – Matrix, L.L.C., one of the region’s largest cleaning companies, will pay $450,000 to a class of 15 former employees and provide significant relief to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In the lawsuit, the EEOC alleged that Matrix officials told white supervisor Barbara Palermi not to hire any more black cleaners to work at a client’s site in Concordville, Pa. When Palermi hired additional black cleaners based on their qualifications to do the job, Matrix dismissed her in retaliation for opposing the company’s racial discrimination. The EEOC alleged that Matrix management officials also discriminated against the African-American cleaners, telling them to sit in the back of the cafeteria during break times and later disallowing them from using the cafeteria at all for their breaks. Matrix later fired all of the employees at the worksite and replaced them with an entirely non-black cleaning crew, the EEOC said in its lawsuit filed in U.S. District Court for the Eastern District of Pennsylvania, Civil Action No. 2:11-cv-06183.

Such alleged conduct violates Title VII of the 1964 Civil Rights Act, which prohibits discrimination based on race, and makes it unlawful for an employer to retaliate against an employee for opposing discrimination, including opposing instructions to make hiring decisions based on race. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the monetary relief to the class of fifteen, the three-year consent decree resolving the lawsuit bars Matrix from engaging in any further race discrimination or retaliation. Matrix is required to train its supervisors and managers about the prohibitions against racial discrimination and retaliation, report to the EEOC regarding against complaints of discrimination or retaliation at the Concordville, Pa., work site and post a remedial notice. The consent decree was approved by the court on January 4, 2011.

“We commend the company for its agreement to carry out the significant equitable relief provided in the consent decree, including providing expansive annual training, which will benefit all company employees,” said District Director Spencer H. Lewis, Jr. of the EEOC’s Philadelphia District Office.

EEOC regional attorney Debra M. Lawrence added, “We appreciate Matrix’s cooperation and diligence throughout the negotiation process to resolve this case quickly without engaging in protracted and costly litigation.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/1-6-12.cfm

House and Senate overrule OFCCP on TRICARE subcontractors

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 18:06:00 +0000

Lexology.com
Littler Mendelson PC
Robert Wolff
USA

December 21 2011

TRICARE is the federal government’s healthcare program for active duty and retired military members and their families. For many years, healthcare systems reasonably assumed that their subcontracts to provide services or benefits to federal employees under TRICARE would not invoke the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), and thus would not mandate federal equal employment and affirmative action obligations. This assumption seemed particularly rational where the subcontract expressly provided that the healthcare system was not a federal contractor. In addition, the OFCCP's own March 2003 directive stated that healthcare providers that have a relationship with participants in the Federal Employees Health Benefits Program (FEHBP) are not covered under OFCCP's programs based solely on that relationship and thus are not subject to OFCCP’s federal contractor requirements.

Full Story: http://www.lexology.com/library/detail.aspx?g=c873e34b-449f-4219-8863-e06f80c2e722&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-05&utm_term=

Five mistakes to avoid when conducting workplace investigations

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 17:58:00 +0000

Lexology.com
Bond Schoeneck & King
Richard G. Kass
USA

December 26 2011

Workplace investigations are golden opportunities to resolve problems and avoid litigation. If an investigation is done right, the employer will be in a position to counsel or discipline employees who have committed misconduct, thus minimizing the likelihood of litigation. If litigation comes anyway, a good investigation can provide the employer with an affirmative defense to legal liability.

Full Story: http://www.lexology.com/library/detail.aspx?g=99b15a54-3343-4590-a377-a4b8268d6cd3&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-05&utm_term=

Careful maintenance of employee medical records may help avoid needless litigation

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 17:53:00 +0000

Lexology.com
Foley & Lardner LLP
John L. Litchfield
USA

January 3 2012

Employers often find themselves in possession of medical information about their employees, particularly when making determinations regarding leaves of absence, disability accommodations, or when implementing employee wellness programs. Recent developments in federal law, however, and guidance from the EEOC have taught that the manner in which this information is maintained can be a ticking litigation time bomb if not diffused correctly.

Full Story: http://www.lexology.com/library/detail.aspx?g=48a45671-185b-478d-83e8-8ab46e93b8c8&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-09&utm_term=

OFCCP’s proposed revisions to regs require increased obligations and affirmative action regarding disabled individuals

noreply@blogger.com (AAAA) — Mon, 09 Jan 2012 17:50:00 +0000

Lexology.com
Ogletree Deakins
Maria Greco Danaher
USA
December 19 2011

Section 503 of the Rehabilitation act of 1973, as amended (“Section 503”), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring and advancement of disabled individuals by those same employers. The provisions of Section 503 apply to government contractors with contracts/subcontracts of over $10,000 for the purchase, sale, or use of personal property or non-personal services, specifically including construction services. Contractors/subcontractors that have a contract/subcontract of at least $50,000 and at least 50 employees are required to prepare and maintain an Affirmative Action Program (AAP) to document efforts to comply with Section 503.

Full Story: http://www.lexology.com/library/detail.aspx?g=76c72af6-c471-4082-82c4-f058bde300fc&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-01-09&utm_term=

Affirmative Action Alert - Congress Grants Relief To TRICARE Providers

noreply@blogger.com (AAAA) — Thu, 05 Jan 2012 22:41:00 +0000

JDSupra
By:
Constangy, Brooks & Smith, LLP on 1/5/2012

In a move aimed to divest the Office of Federal Contract Compliance Programs of jurisdiction over hundreds of potential federal subcontractors, Congress passed Section 715 of the National Defense Authorization Act on December 15, 2011, and President Obama signed it into law on December 31, 2011. This portion of the NDAA provides as follows:

For the purpose of determining whether network providers under [TRICARE] provider network agreements are subcontractors for purposes of the Federal Acquisition Regulation or any other law, a TRICARE managed care support contract that includes the requirement to establish, manage, or maintain a network of providers may not be considered to be a contract for the performance of health care services or supplies on the basis of such requirement.

Full Story: http://www.jdsupra.com/post/documentViewer.aspx?fid=57ceada8-0ca0-4d8e-bad4-c7b909102fde

Robert L. Carter, an Architect of School Desegregation, Dies at 94

noreply@blogger.com (AAAA) — Wed, 04 Jan 2012 14:26:00 +0000

The New York Times
By ROY REED
Published: January 3, 2012

Robert L. Carter, a former federal judge in New York who, as a lawyer, was a leading strategist and a persuasive voice in the legal assault on racial segregation in 20th-century America, died on Tuesday morning in Manhattan. He was 94.
The cause was complications of a stroke, said his son John W. Carter, a justice of the New York Supreme Court in the Bronx.

Full Story: http://www.nytimes.com/2012/01/04/nyregion/robert-l-carter-judge-and-desegregation-strategist-dies-at-94.html?_r=1&hpw=&pagewanted=all

OFCCP Sends out scheduling letters for FY 2012

noreply@blogger.com (AAAA) — Tue, 03 Jan 2012 20:28:00 +0000

OFCCP Blog Spot
Tuesday, January 03, 2012

The OFCCP Blog Spot reports that the Office of Federal Contract Compliance Programs (OFCCP) released the Corporate Scheduling Announcement Letter (CSAL) for its scheduling of the FY2012 compliance evaluations. The letters were sent out on or about December 20, 2011.

Full Story: http://ofccp.blogspot.com/search?q=csal

Economist Examines the Trend in the Gender Wage Gap

noreply@blogger.com (AAAA) — Tue, 03 Jan 2012 20:07:00 +0000

WIA Report
Posted on Dec 29, 2011

A study by Catherine J. Weinberger, an economist at the University of California at Santa Barbara, finds that the gender gap in earnings begins at the early stages of the careers of men and women and the gap stays constant as they get older and move up the career ladder. Weinberger examined salary data for a large group of women over a 10-year period from 1989 to 1999.

Dr. Weinberger states, “All the [economic] models say that women fall behind men in terms of salary, and, as they get older, they get farther behind. But that’s not the case. And it goes against everything I was expecting to find when I started looking at the data.”

Full Study: http://www.wiareport.com/2011/12/economist-examines-the-trend-in-the-gender-wage-gap/?utm_source=Women+In+Academia+Report&utm_campaign=26d541d552-Women_in_Academia_Report_6_14_116_13_2011&utm_medium=email

AAAA Announces Election Results for 2012 - 2014 Leadership Team

noreply@blogger.com (AAAA) — Tue, 03 Jan 2012 17:51:00 +0000

AAAA Announces Election Results for 2012 – 2014 Officers

AAAA is pleased to announce that the election for the AAAA National Officers of 2012 – 2014 has been conducted. Members were given from November 29, 2011 until 11:59 PM EST on December 16, 2011 to vote. The results are as follows:

PRESIDENT:
Gregory T. Chambers, Region 3

FIRST VICE PRESIDENT:
Joni Baker, Ph.D., Region 6

SECOND VICE PRESIDENT:
Myron R. Anderson, Ph.D., Region 8

TREASURER:
Melvin Williams, Region 6

SECRETARY:
Carmen Suarez, Ph.D., Region 9

Congratulations to all who participated in the elections process. The swearing in of the new officers will take place on June 15, 2012 at the Business Meeting, AAAA 38th Annual Conference in Washington, D.C.

Shirley J. Wilcher
AAAA Executive Director

AAAA ESTABLISHES “SENIOR CAAP” CREDENTIAL PROGRAM

noreply@blogger.com (AAAA) — Tue, 03 Jan 2012 17:30:00 +0000

AAAA ANNOUNCES OTHER CHANGES IN ASSOCIATION’S
PROFESSIONAL DEVELOPMENT AND TRAINING INSTITUTE

AAAA’s Professional Development and Training Institute (PDTI) announces the Senior Certified Affirmative Action Professional credential. EEO/AA/Diversity professionals who want to enhance their knowledge will be able to earn the “Sr. CAAP” credential beginning in 2012.

Establishment of the Sr. CAAP credential is one of several changes that AAAA has announced for 2012. In addition, PDTI will offer a certification in Title IX sexual harassment/sexual assault investigations and a certificate program in development and implementation of affirmative action programs. These new educational program offerings build on AAAA’s status as the predominant force in training professionals working in the areas of equal employment opportunity, affirmative action and diversity. AAAA has offered the basic CAAP-level certification since 1991.

How To Earn the Sr. CAAP Credential
EEO/AA/Diversity professionals may earn the Sr. CAAP in one of two ways. First, professionals with 10 years of demonstrated experience in the field may earn the Sr. CAAP credential by participating in a one-day intensive seminar on emerging issues in the profession. This seminar will be offered only in 2012 and 2013 in conjunction with AAAA’s national conference. The 2012 seminar will be held on June 13, 2012 at the Renaissance hotel in Washington, D.C.

EEO/AA/Diversity professionals who do not qualify for the experienced-based program may earn the Sr. CAAP credential through PDTI course offerings. EEO/AA/Diversity professionals must first earn the Certified Affirmative Action Professional (CAAP) credential before they will be eligible to earn the Sr. CAAP credential. The Sr. CAAP credential requires 40 hours of classroom instruction: three required courses and two electives. To learn more, view the 2012 PDTI Catalogue on the AAAA website.
Continuing Education Requirement for Sr. CAAP and CAAP Professionals
The Sr. CAAP certification will be valid for three years. In order to maintain the Sr. CAAP credential, EEO/AA/Diversity professionals must earn 36 hours of recertification credits during the subsequent three-year period in order to recertify and to maintain the Sr. CAAP certification. Continuing education credits may be earned by attending seminars, workshops, and on-line programs; by teaching or presenting at seminars, workshops or on-line programs; and by participating in professional associations either by membership, service on committees, or in leadership roles. Recertification will be subject to a processing fee.
Effective October 1, 2012, professionals who earn the CAAP credential will be required to recertify every three years to ensure that they remain current in the equal employment opportunity, affirmative action and diversity profession. Professionals who earn the CAAP credential prior to October 1, 2012 are not subject to the recertification requirement.

Certification, Title IX Sexual Harassment/Sexual Assault Investigations
Also new for 2012 is a certification in Sexual Harassment /Sexual Assault Investigations. Professionals may earn this credential by attending a 12-hour, two-day seminar titled “Title IX – Complying with OCR’s “Dear Colleague” Letters.”

Certificate, Affirmative Action Program Development and Implementation
Finally, AAAA has established a certificate program for professionals with responsibility for Executive Order 11246 affirmative action programs. The certificate will be awarded to professionals who complete the following two courses: Developing and Implementing an Affirmative Action Program for Women and Minorities (16 hours) and Developing and Implementing an Affirmative Action Program for Veterans and the Disabled (8 hours).

For more information, visit the AAAA website at: www.affirmativeaction.org

Labor Department's VETS Extends the VETS100 Filing Deadline

noreply@blogger.com (AAAA) — Tue, 03 Jan 2012 17:21:00 +0000

The Department of Labor's Office of Veterans Employment and Training has extended the filing deadline for the VETS 100/100A forms to January 15, 2012. For more information see the VETS notice below and on its website at: http://www.dol.gov/vets/programs/fcp/main.htm

VETS100-100A Federal Contract Reporting

Special Announcement:

VETS100 FILING DEADLINE EXTENDED

2011 VETS 100 Filing Cycle

The filing deadline for VETS-100 reports in the 2011 cycle has been extended to January 15, 2012. At that time the VETS-100 application will be removed from public service until further notice.

Any users experiencing difficulty processing their reports in the application are encouraged to send their data to the VETS-100 Service Desk in paper or in the batch upload electronic file format. The maximum number of paper submissions a company can submit has been increased to 30. All paper reports and electronic files received at the Service Desk by January 15th will be included as part of the 2011 filing cycle and will not be considered late.

Contracting Officers should not withhold from obligating funds to contracts because a contractor has not filed a report for the 2011 filing cycle because the 2011 filing cycle is still open. Any report submitted after January 15, 2012 for the 2011 filing cycle may be handled by a contracting officer according to VETS 100/100A regulations.

http://www.dol.gov/vets/programs/fcp/main.htm

Achieving Diversity in Graduate-Student Admissions

noreply@blogger.com (AAAA) — Tue, 03 Jan 2012 17:14:00 +0000

The Chronicle of Higher Education
December 19, 2011, 3:56 pm
By Marybeth Gasman

December 19, 2011, 3:56 pm

By Marybeth Gasman

At major research institutions around the country, faculty members are getting ready to read graduate-student applications for admission. This year, they not only have their own intuition and experience to guide their decisions, but guidelines from the Obama administration. With regard to ensuring diversity within higher education, they recommend that:

An institution could consider an applicant’s socioeconomic status, first-generation college status, geographic residency, or other race-neutral criteria if doing so would assist in drawing students from different racial backgrounds to the institution.

Full Story: http://chronicle.com/blogs/innovations/achieving-diversity-in-graduate-student-admissions/31164?sid=at&utm_source=at&utm_medium=en