Monday, January 11, 2010

Why to Have a Solid AAP - As a Federal Contractor Could Your Company Afford This?


JOB BIAS CHARGES APPROACH RECORD HIGH IN FISCAL YEAR 2009, EEOC REPORTS

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
1-6-10
Commission Obtains $376 Million for Victims of Discrimination

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that 93,277 workplace discrimination charges were filed with the federal agency nationwide during Fiscal Year (FY) 2009, the second highest level ever, and monetary relief obtained for victims totaled over $376 million. The comprehensive enforcement and litigation statistics for FY 2009, which ended Sept. 30, 2009, are posted on the agency’s web site at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.“The latest data tell us that, as the first decade of the 21st century comes to a close, the Commission’s work is far from finished,” said EEOC Acting Chairman Stuart J. Ishimaru. “Equal employment opportunity remains elusive for far too many workers and the Commission will continue to fight for their rights. Employers must step up their efforts to foster discrimination-free and inclusive workplaces, or risk enforcement and litigation by the EEOC.”

The FY 2009 data show that private sector job bias charges (which include those filed against state and local governments) alleging discrimination based on disability, religion and/or national origin hit record highs. The number of charges alleging age-based discrimination reached the second-highest level ever. Continuing a decade-long trend, the most frequently filed charges with the EEOC in FY 2009 were charges alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%). Multiple types of discrimination may be alleged in a single charge filing.The near-historic level of total discrimination charge filings may be due to multiple factors, including greater accessibility of the EEOC to the public, economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of their rights under the law, and changes to the agency’s intake practices that cut down on the steps needed for an individual to file a charge.

The FY 2009 data also show that the EEOC resolved 85,980 private sector charges.  In FY 2009, the Commission resolved more charges than ever alleging unlawful harassment, as well as allegations under Title VII of the Civil Rights Act. In FY 2009, the EEOC recovered a record high of $294 million through administrative enforcement and mediation. Further, the productivity of EEOC investigators increased in FY 2009. The EEOC resolved the second highest number of charges per available investigator in the past 20 years.The Commission also filed 281 new “merits” lawsuits and resolved 321 merits lawsuits in FY 2009 (merits suits include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the Commission and suits to enforce administrative settlements).

Through its combined enforcement, mediation and litigation programs, the EEOC recovered more than $376 million in monetary relief for thousands of discrimination victims, and obtained significant remedial relief benefiting millions of workers across the country (e.g., court decrees or settlements requiring employers to change discriminatory policies or practices).
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.

Friday, January 8, 2010

OFCCP Web Listening Series


On Monday, December 7, 2009, the Department of Labor issued its Semiannual Regulatory Agenda, announcing the Department’s anticipated regulatory activities and priorities for the upcoming year.  Included in the Department’s Agenda are three regulatory activities from the Office of Federal Contract Compliance Programs (OFCCP). 
OFCCP’s mission is to enforce three equal employment opportunity laws: Executive Order 11246, as amended (EO); Section 503 of the Rehabilitation Act of 1973, as amended (503); and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA).  These laws prohibit federal contractors and subcontractors from discriminating on the bases of race, color, religion, sex, national origin, disability, and veteran status.  They also require affirmative action in employment by federal contractors and subcontractors.  OFCCP accomplishes its mission by conducting compliance evaluations, investigating complaints filed, and hosting compliance assistance events for federal contractors and subcontractors. 
In late 2010 and early 2011, OFCCP plans to publish a series of proposals that will seek to enhance the agency’s existing regulations and improve compliance with the laws that OFCCP enforces.  To help inform the development of these proposals, OFCCP is seeking input from stakeholders. 
Please join OFCCP Director Patricia A. Shiu, as she hosts a series of one-hourWeb Listening Sessions that:
  ·        Highlight OFCCP’s anticipated regulatory activities;
·        Offer a critical opportunity for stakeholders to provide suggestions and recommendations to OFCCP;
·        Provide information on how stakeholders can participate in the official rulemaking process.
Register for the listening session you’re interested in by clicking the applicable date below.  Register early, as space is limited!
Tue, Jan 12, 2010 2:00 PM - 3:00 PM EST - - Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under Section 503 of the Rehabilitation Act.  This regulation protects individuals with disabilities from employment discrimination by federal contractors and subcontractors.  Projected Publication date for Advance Notice of Proposed Rulemaking (ANPRM): 12/2010
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423).  This passcode will be required to join the call: 6341500.  (Restrictions may exist when using a mobile telephone.)  To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-503@dol.gov
Thu, Jan 14, 2010 2:00 PM - 3:00 PM EST - Affirmative Action & Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Recruitment and Placement Results under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).  Under VEVRAA, federal contractors and subcontractors are prohibited from discrimination on the basis of veteran status.  Projected Publication date for Notice of Proposed Rulemaking (NPRM): 12/2010
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423).  This passcode will be required to join the call: 6341500.  (Restrictions may exist when using a mobile telephone.)  To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-VEVRAA@dol.gov
Wed, Jan 20, 2010 2:00 PM - 3:00 PM EST - - Construction Contractor Affirmative Action Requirements.  OFCCP regulations at 41 CFR Part 60-4, require Federal and federally assisted construction contractors to provide equal opportunity in all construction trades.  Projected Publication date for Notice of Proposed Rulemaking (NPRM): 1/2011
For the audio portion of this listening session, please call 800-369-1722, (outside United States call 517-308-9423).  This passcode will be required to join the call: 6341500.  (Restrictions may exist when using a mobile telephone.)  To submit comments, suggestions, or feedback please email: OFCCP-Regulatory-Agenda-EO-Construction@dol.gov
OFCCP values stakeholders’ engagement in the rulemaking process and encourages all interested parties to provide suggestions and feedback on the current regulations. Please note however, that these sessions will take place prior to the publication of any official proposals, and will not be considered regulatory comments.   For this reason, OFCCP will not be making a presentation with respect to the planned content of any of the forthcoming regulatory proposals and will be unable to answer specific questions regarding the planned content.  These listening sessions are intended to be just one of many steps that OFCCP will take as it begins the process of developing the proposals.   OFCCP has allotted 45 minutes for suggestions and feedback and each caller that wishes to make a statement will be provided with two minutes to present until the available time is exhausted.