Archive for the ‘Affirmative Action News’ Category

Cargill rejects charges

feedstuffs.com
(11/30/2011)
Rod Smith

The U.S. Department of Labor has brought a complaint against Cargill Inc. alleging that the company’s meat business has engaged in “systematic” discriminatory hiring practices — a complaint that Cargill said was unexpected and unfounded.
Labor filed its complaint yesterday, charging specifically that Cargill’s turkey processing plant in Springdale, Ark., preferably hired Asian and Pacific Islander applicants over other “qualified” job seekers, including women, blacks, whites, Hispanics and Native Americans. Labor said the plant unfairly rejected 4,069 job seekers over a three-year period between August 2005 and July 2008.

Full Story: http://www.feedstuffs.com/ME2/dirmod.asp?sid=F4D1A9DFCD974EAD8CD5205E15C1CB42&nm=Breaking+News&type=news&mod=News&mid=A3D60400B4204079A76C4B1B129CB433&tier=3&nid=FCF12E93530C458A8AD3B374C15D5C51

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Compensating Differentials for Sexual Harassment

Professor Joni Hersch of Vanderbilt University has published a paper that suggests that women who work in workplaces where there is a higher risk of sexual harassment are compensated more for such an environment. The abstract states:

American Economic Review
“Workplace sexual harassment is illegal, but many workers report that they have been sexually harassed. Exposure to the risk of sexual harassment may decrease productivity, which would reduce wages. Alternatively, workers may receive a compensating differential for exposure to sexual harassment, which would increase wages. Data on claims of sexual harassment filed with the Equal Employment Opportunity Commission are used to calculate the first measures of sexual harassment risks by industry, age group, and sex. Female workers face far higher sexual harassment risks. On balance, workers receive a compensating wage differential for exposure to the risk of sexual harassment.”

http://www.aeaweb.org/articles.php?doi=10.1257/aer.101.3.630 (To see the entire paper, subscription required or pay-per-view)

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Much Pain, a Lot of Gain in EEOC Awards

Law.com
EEOC awards for pain and suffering have reached an all-time high.
Jenna Greene
The National Law Journal
November 29, 2011

The U.S. Equal Employment Opportunity Commission feels federal workers’ pain — and will pay them for it.
A review of commission decisions during the past decade shows an uptick in awards for emotional distress. In fiscal year 2011, the agency awarded discrimination victims an average of $106,000 for emotional pain and suffering, an all-time high. Five years ago, the average award was $84,477, according to the EEOC, and in 2002, it was $67,484.
The EEOC is tasked with reviewing appeals from federal workers who allege that they suffered discrimination in their government workplaces. The agency on appeal has often unilaterally increased workers’ original emotional-distress awards, sometimes substantially. A fired U.S. Postal Service worker who lost custody of his daughter and was reduced to sleeping in his car, for example, was originally awarded $15,000 for emotional distress. The EEOC in 2010 increased the amount his agency must pay him 11-fold to $165,000.

Full Story: http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1322397683014&Much_Pain_a_Lot_of_Gain_in_EEOC_Awards

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Responding to OFCCP document requests after united space alliance v. solis

Lexology
Husch Blackwell LLP
USA
November 17 2011
Posted by Deena Jenab

Chief Judge Royce Lamberth’s 46-page decision in United Space Alliance, LLC v. Solis, No. 11-746 (D.D.C. Nov. 14, 2011), introduces new uncertainties for contractors facing OFCCP investigations. The case arose from a 2009 OFCCP desk audit of United Space Alliance’s facility in Cape Canaveral, Florida. Applying DOL’s established practices to the initial compensation data provided by United Space Alliance revealed no discriminatory pattern. But DOL sought additional information because “it appeared that women were earning less more frequently than men.” United Space Alliance refused, calling the request “unjustified.”
United Space Alliance challenged the DOL’s order to produce the additional information in court, asserting violations of the Fourth Amendment, the Administrative Procedure Act, the Fifth Amendment, and the Paperwork Reduction Act. The basic theory behind the lawsuit was that OFCCP was limited to using its published methodologies in identifying discrimination. Since the initial analysis revealed no discriminatory pattern in the compensation data, United Space Alliance argued that OFCCP was not permitted to request additional data or to conduct additional data analysis.

Full Story: http://www.lexology.com/library/detail.aspx?g=7d39b19e-7289-495c-a4b1-2580b0092e3a&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-11-28&utm_term=

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Massachusetts legislature passes An Act Relative to Gender Identity

Lexology
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Martha J. Zackin
USA
November 21 2011

On November 15, 2011, the Massachusetts House of Representatives passed An Act Relative to Gender Identity, by a vote of 115 to 37. The next day, the bill was passed in a voice vote by the Massachusetts Senate. If Governor Patrick signs it, which he is expected to do, the Transgender Act will go into effect on July 1, 2012.

Full Story: http://www.lexology.com/library/detail.aspx?g=e9cbb993-e2d8-4573-828e-16ebd3d8c509&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Other+states+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-11-28&utm_term=

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Use of “English-only” policies is subject of disagreement between governmental agencies

Lexology.com
Ogletree Deakins
Maria Greco Danaher
USA

The U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s guideline at 29 C.F.R. § 1606.7 (2010). This report sets up an interesting dichotomy in the analysis of such policies by two governmental agencies, both of which ostensibly were formed primarily to insure civil rights.
While most individuals are aware of the existence of the EEOC, fewer have heard of the USCCR and its mission. The USCCR was established under the Civil Rights Act of 1957 as an independent, bipartisan, fact-finding federal agency. Its mission, according to its website, is “to inform the development of national civil rights policy and enhance enforcement of federal civil rights laws.” It does so by reviewing alleged deprivations of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, or national origin, or in the administration of justice. The agency plays a vital – but widely unrecognized – role in advancing civil rights through objective and comprehensive investigation, research, and analysis on issues of fundamental concern both to the federal government and to the public.

Full Story: http://www.lexology.com/library/detail.aspx?g=48643899-18f1-480a-8a34-01662503b373&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-11-28&utm_term=

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Occupy Wall Street and Affirmative Action

The Root
The protests — and Abigail Fisher’s lawsuit — remind us that inequality affects white people, too.
By: John McWhorterPosted: November 25, 2011 at 12:32 AM

The Occupy Wall Street phenomenon has a thing or two to teach us about, of all things, affirmative action.
One of those affirmative-action-all-the-time spells will most likely be on us again — soon. Abigail Fisher has appealed to the Supreme Court in her 2008 case against the University of Texas at Austin — denied by the 5th Court of Appeals — for not admitting her despite an academic record that would have gained a black or Latino applicant admission.
Forecasts suggest that the Supremes will likely hear the case before June — unless UTA succeeds with its current strategy of stonewalling in response to the high court’s request for a preliminary response to the challenge of its admissions policy. However, that will work for only so long, in which case the decision would happen in late 2012 or soon thereafter.

Full Story: http://www.theroot.com/views/occupy-wall-street-and-affirmative-action

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Former College Trustee Heyman ‘51 dies at 81

theDartmouth.com
By Lindsay Ellis
Published on Monday, November 28, 2011

Ira Michael Heyman ’51, a former member of the Board of Trustees who triumphed affirmative action while serving as Chancellor for University of California, Berkeley from 1980 to 1990, died due to complications from emphysema in his Berkeley home on Nov. 19, according to his son, James Heyman. He was 81 years old.
Heyman, who also served as the secretary of the Smithsonian Institution, was highly-regarded at Berkeley because of his intellect and concentration on community issues, John Cummins, Berkeley’s former associate chancellor and Heyman’s chief of staff, said in an interview with The Dartmouth.
“He had the ability to bring people together around issues and work for solutions that weren’t always popular but were ahead of his time,” Cummins said.
Heyman helped develop Berkeley’s affirmative action policy, according to Cummins. During Heyman’s time at Berkeley, the number of undergraduate students of color rose from 21 to 57 percent, according to his faculty profile on the university’s website.

Full Story: http://thedartmouth.com/2011/11/28/news/heyman

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Confronting Ignorance and Prejudice in Public Forums

The Chronicle of Higher Education
November 28, 2011, 3:07 pm

By Marybeth Gasman

This post is co-authored with Mayra Olivares-Urueta, a Ph.D. student at the University of North Texas. Mayra is pursuing research related to the involvement of Latino families in all aspects of the college process as well as increasing the number of underrepresented students who complete allied-health degrees.
I met Mayra at a national conference a few weeks ago. Because she is a graduate student, it was one of her first academic conferences. She was excited, eager, and thrilled to meet people who cared about similar issues. Unfortunately, during one of the conference sessions, which focused on the impact that family has on minority students and their college aspiration and attainment goals, Mayra came face to face with prejudice against students just like her. The discussant commenting on papers in the session told the audience that (paraphrasing) ‘when we work with those students, we can’t make them want to go to college even if we really want them to.’ She then added, ‘If they want to go out and get pregnant after high-school graduation then we should just let them.’ Along with Mayra, many of the young students of color and assistant professors in the room were deeply offended by the speaker’s comments. They were “those” students the speaker’s remarks.

Full Story: http://chronicle.com/blogs/innovations/confronting-ignorance-and-prejudice-in-public-forums/30961?sid=at&utm_source=at&utm_medium=en

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Cargill rejects charges

feedstuffs.com(11/30/2011)Rod SmithThe U.S. Department of Labor has brought a complaint against Cargill Inc. alleging that the company’s meat business has engaged in “systematic” discriminatory hiring practices — a complaint that Cargill said was unexpected and unfounded.Labor filed its complaint yesterday, charging specifically that Cargill’s turkey processing plant in Springdale, Ark., preferably hired Asian and Pacific […]

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Compensating Differentials for Sexual Harassment

Professor Joni Hersch of Vanderbilt University has published a paper that suggests that women who work in workplaces where there is a higher risk of sexual harassment are compensated more for such an environment. The abstract states:American Economic Review“Workplace sexual harassment is illegal, but many workers report that they have been sexually harassed. Exposure to […]

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Much Pain, a Lot of Gain in EEOC Awards

Law.comEEOC awards for pain and suffering have reached an all-time high.Jenna GreeneThe National Law JournalNovember 29, 2011The U.S. Equal Employment Opportunity Commission feels federal workers’ pain — and will pay them for it.A review of commission decisions during the past decade shows an uptick in awards for emotional distress. In fiscal year 2011, the agency […]

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Responding to OFCCP document requests after united space alliance v. solis

LexologyHusch Blackwell LLPUSANovember 17 2011Posted by Deena JenabChief Judge Royce Lamberth’s 46-page decision in United Space Alliance, LLC v. Solis, No. 11-746 (D.D.C. Nov. 14, 2011), introduces new uncertainties for contractors facing OFCCP investigations. The case arose from a 2009 OFCCP desk audit of United Space Alliance’s facility in Cape Canaveral, Florida. Applying DOL’s established […]

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Massachusetts legislature passes An Act Relative to Gender Identity

LexologyMintz Levin Cohn Ferris Glovsky and Popeo PCMartha J. ZackinUSANovember 21 2011On November 15, 2011, the Massachusetts House of Representatives passed An Act Relative to Gender Identity, by a vote of 115 to 37. The next day, the bill was passed in a voice vote by the Massachusetts Senate. If Governor Patrick signs it, which […]

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Use of “English-only” policies is subject of disagreement between governmental agencies

Lexology.comOgletree DeakinsMaria Greco DanaherUSAThe U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s guideline at 29 C.F.R. § 1606.7 (2010). This report […]

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Occupy Wall Street and Affirmative Action

The RootThe protests — and Abigail Fisher’s lawsuit — remind us that inequality affects white people, too.By: John McWhorterPosted: November 25, 2011 at 12:32 AMThe Occupy Wall Street phenomenon has a thing or two to teach us about, of all things, affirmative action.One of those affirmative-action-all-the-time spells will most likely be on us again — […]

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Former College Trustee Heyman ‘51 dies at 81

theDartmouth.comBy Lindsay EllisPublished on Monday, November 28, 2011Ira Michael Heyman ’51, a former member of the Board of Trustees who triumphed affirmative action while serving as Chancellor for University of California, Berkeley from 1980 to 1990, died due to complications from emphysema in his Berkeley home on Nov. 19, according to his son, James Heyman. […]

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Confronting Ignorance and Prejudice in Public Forums

The Chronicle of Higher EducationNovember 28, 2011, 3:07 pmBy Marybeth GasmanThis post is co-authored with Mayra Olivares-Urueta, a Ph.D. student at the University of North Texas. Mayra is pursuing research related to the involvement of Latino families in all aspects of the college process as well as increasing the number of underrepresented students who complete […]

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