25 Şubat 2013 Pazartesi

United States: ARB Rejects OFCCP's Claim Of Jurisdiction Based On Florida Hospital's TRICARE Participation

To contact us Click HERE
Mondaq
30 October 2012
Article by David J. Goldstein  For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more than $50,000 in reimbursement from, the Department of Defense's TRICARE program qualify as federal government subcontractors who are required to comply with the agency's regulations. Even when Congress passed legislation in December 2011that appears designed to reject OFCCP's position, the agency's director, Patricia Shiu, responded that "this is not over yet."

Full Story: http://www.mondaq.com/unitedstates/x/203898/Healthcare/ARB+Rejects+OFCCPs+Claim+of+Jurisdiction+based+on+Florida+Hospitals+TRICARE+Participation

Mary Sue Coleman: Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
AnnArbor.com
By Kellie Woodhouse Higher education reporterPosted on Tue, Nov 27, 2012 : 5:57 a.m. University of Michigan President Mary Sue Coleman said Monday that the institution would take a "wait and see attitude" on affirmative action.
10302012_NEWS_UMPresser_DJB_0052.jpgMary Sue ColemanDaniel Brenner | AnnArbor.comColeman's statement comes less than two weeks after a federal appellate court, in an 8-7 vote, struck down a voter-approved 2006 constitutional amendment that banned affirmative action practices by Michigan's 15 public colleges. Full Story:  http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/
 

Affirmative Action's Push-Pull on Diversity in Higher Education

To contact us Click HERE
Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College

Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.

Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
 

AAAA President's Corner

To contact us Click HERE

 AAAA President’s Corner
November 2012
 The American Association forAffirmative Action congratulates President Barack Obama on his re-election tohis second term as the 44th President of the United States ofAmerica.  During our 2012 NationalConference (“The Fierce Urgency of Now: The Economic Case for EEO, AffirmativeAction and Diversity”), in Washington, DC this past June, we focused on thedemographic trends in America.  We did sobecause the work that we do regarding access, equity and diversity, has made itvery clear to us for some time that business, education and government cannotafford to side step this predictability.  Recent demographic changes inAmerica represent the people that made it possible for Mr. Obama to succeed bygarnering the majority electoral as well as the majority popular vote onNovember 6, 2012.
The United States of Americais rapidly becoming a minority-majority, and women, the GBLT community, and thegreat diversity in the Generation X must be included in the governance of thiscountry for us to maintain global leadership status with respect to economics,education, science, medicine, technology, and employment.
America has to make criticalinvestments and pay attention to our future leaders and decision makers toimprove the quality of life for everyone. That is why equal opportunity, affirmative action, and diversity areimperative tools that go beyond being morally correct. They are necessary toour nation’s social, economic, and political survival.
Please spread the word toyour friends, colleagues, community organizations and anyone who will listen,that we will partner with groups and organizations to champion this nation’sneed to authentically address demographic challenges.  We salute the University of Texas at Austinfor understanding the demographic reality and its bold admissions policy toaccommodate demographic changes.  Forthis reason we submitted an Amicus Curie Brief in the Fisher v. University of TexasCase.
May 6 – 10, 2013, we will hostour 39th Annual Conference (“Diversity on Trial: The Compelling Casefor Affirmative Action in Education and the Workplace.”), in San Antonio,Texas.   Make certain you join us to learn and to makeyour voice heard in concert with the AAAA national movement. Gregory T. Chambers

Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
By KellieWoodhouse, Higher education reporter

University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.



Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/

24 Şubat 2013 Pazar

EEOC Announces Record Recoveries

To contact us Click HERE
Security Management
By Teresa Anderson
The Equal Employment Opportunity Commission (EEOC) has announced that the agency recovered a record amount of money for victims of discrimination in fiscal year 2012. The EEOC released the numbers as part of its first Performance and Accountability Report. (The report will be released annually going forward as part of the EEOC’s new strategic plan.)
The report notes that the EEOC obtained $365.4 million in private sector administrative enforcement, which includes mediation, settlements, and benefits.

Full Story:  http://www.securitymanagement.com/news/eeoc-announces-record-recoveries-0011062
 

United States: ARB Rejects OFCCP's Claim Of Jurisdiction Based On Florida Hospital's TRICARE Participation

To contact us Click HERE
Mondaq
30 October 2012
Article by David J. Goldstein  For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more than $50,000 in reimbursement from, the Department of Defense's TRICARE program qualify as federal government subcontractors who are required to comply with the agency's regulations. Even when Congress passed legislation in December 2011that appears designed to reject OFCCP's position, the agency's director, Patricia Shiu, responded that "this is not over yet."

Full Story: http://www.mondaq.com/unitedstates/x/203898/Healthcare/ARB+Rejects+OFCCPs+Claim+of+Jurisdiction+based+on+Florida+Hospitals+TRICARE+Participation

Affirmative Action's Push-Pull on Diversity in Higher Education

To contact us Click HERE
Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College

Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.

Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
 

AAAA President's Corner

To contact us Click HERE

 AAAA President’s Corner
November 2012
 The American Association forAffirmative Action congratulates President Barack Obama on his re-election tohis second term as the 44th President of the United States ofAmerica.  During our 2012 NationalConference (“The Fierce Urgency of Now: The Economic Case for EEO, AffirmativeAction and Diversity”), in Washington, DC this past June, we focused on thedemographic trends in America.  We did sobecause the work that we do regarding access, equity and diversity, has made itvery clear to us for some time that business, education and government cannotafford to side step this predictability.  Recent demographic changes inAmerica represent the people that made it possible for Mr. Obama to succeed bygarnering the majority electoral as well as the majority popular vote onNovember 6, 2012.
The United States of Americais rapidly becoming a minority-majority, and women, the GBLT community, and thegreat diversity in the Generation X must be included in the governance of thiscountry for us to maintain global leadership status with respect to economics,education, science, medicine, technology, and employment.
America has to make criticalinvestments and pay attention to our future leaders and decision makers toimprove the quality of life for everyone. That is why equal opportunity, affirmative action, and diversity areimperative tools that go beyond being morally correct. They are necessary toour nation’s social, economic, and political survival.
Please spread the word toyour friends, colleagues, community organizations and anyone who will listen,that we will partner with groups and organizations to champion this nation’sneed to authentically address demographic challenges.  We salute the University of Texas at Austinfor understanding the demographic reality and its bold admissions policy toaccommodate demographic changes.  Forthis reason we submitted an Amicus Curie Brief in the Fisher v. University of TexasCase.
May 6 – 10, 2013, we will hostour 39th Annual Conference (“Diversity on Trial: The Compelling Casefor Affirmative Action in Education and the Workplace.”), in San Antonio,Texas.   Make certain you join us to learn and to makeyour voice heard in concert with the AAAA national movement. Gregory T. Chambers

Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
By KellieWoodhouse, Higher education reporter

University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.



Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/

23 Şubat 2013 Cumartesi

Affirmative Action's Push-Pull on Diversity in Higher Education

To contact us Click HERE
Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College

Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.

Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
 

AAAA President's Corner

To contact us Click HERE

 AAAA President’s Corner
November 2012
 The American Association forAffirmative Action congratulates President Barack Obama on his re-election tohis second term as the 44th President of the United States ofAmerica.  During our 2012 NationalConference (“The Fierce Urgency of Now: The Economic Case for EEO, AffirmativeAction and Diversity”), in Washington, DC this past June, we focused on thedemographic trends in America.  We did sobecause the work that we do regarding access, equity and diversity, has made itvery clear to us for some time that business, education and government cannotafford to side step this predictability.  Recent demographic changes inAmerica represent the people that made it possible for Mr. Obama to succeed bygarnering the majority electoral as well as the majority popular vote onNovember 6, 2012.
The United States of Americais rapidly becoming a minority-majority, and women, the GBLT community, and thegreat diversity in the Generation X must be included in the governance of thiscountry for us to maintain global leadership status with respect to economics,education, science, medicine, technology, and employment.
America has to make criticalinvestments and pay attention to our future leaders and decision makers toimprove the quality of life for everyone. That is why equal opportunity, affirmative action, and diversity areimperative tools that go beyond being morally correct. They are necessary toour nation’s social, economic, and political survival.
Please spread the word toyour friends, colleagues, community organizations and anyone who will listen,that we will partner with groups and organizations to champion this nation’sneed to authentically address demographic challenges.  We salute the University of Texas at Austinfor understanding the demographic reality and its bold admissions policy toaccommodate demographic changes.  Forthis reason we submitted an Amicus Curie Brief in the Fisher v. University of TexasCase.
May 6 – 10, 2013, we will hostour 39th Annual Conference (“Diversity on Trial: The Compelling Casefor Affirmative Action in Education and the Workplace.”), in San Antonio,Texas.   Make certain you join us to learn and to makeyour voice heard in concert with the AAAA national movement. Gregory T. Chambers

Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
By KellieWoodhouse, Higher education reporter

University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.



Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/

Webinar: Worker's Compensation Update March 30th

To contact us Click HERE
It is important to clarify when employees are eligible for workers’ compensation benefits and explain what you should and shouldn’t do if an employee is injured on the job. This seminar will discuss:


• When is an employee eligible for worker's compensation benefits?
• Dos and Don'ts when an employee gets injured on the job.
• 2011 changes to the workers' compensation system.
• New legislation and court rulings from 2010.
• Why offer modified work, and what to do when it is refused by your employee.
• Communicating with your injured workers – how and why.

HRCI Approved:
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification.

Speaker: Steven Roberts Esq
Date: Wednesday, March 30, 2011 At 12:00 PM
Duration: 1 Hour

Mr. Roberts is a partner in the workers’ compensation defense firm of Yrulegui and Roberts. He is certified by The State Bar of California Board of Legal Specialization as a specialist in Workers’ Compensation.

He has full range of trial experience including all phases of workers’ compensation litigation; appellate court hearings and Workers’ Compensation Appeals Board trials.

Registration information Click Here



Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.

For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Mobile 916-281-5898
Email: sdear@employers.org
Website: www.employers.org
Twitter: Caemployers

Think You Know an Employee's "Age"? Don't Be So Sure

To contact us Click HERE
The article below addresses key points related to UIC HR policy102 that provides a nondiscrimination statement that applies to admissions, employment, access to, and treatment in the University programs and activities. Age is one of the protected classes under Title VII of Civil Rights Act of 1964 and Amendments.
From Diversity Executive


By Frank Kalman 11/5/12
A recent study unearths myriad ways to look at a person’s age. Consider this to drive engagement and performance. Age in the workplace is far more complicated than adding up the number of birthdays an employee has celebrated. Not only is age a measure of how old an employee is, but it’s also a measure of energy, career trajectory, company tenure and more.Read more http://www.diversity-executive.com/articles/view/think-you-know-an-employee-s-age-don-t-be-so-sure/?interstitial=dwb110512

22 Şubat 2013 Cuma

United States: ARB Rejects OFCCP's Claim Of Jurisdiction Based On Florida Hospital's TRICARE Participation

To contact us Click HERE
Mondaq
30 October 2012
Article by David J. Goldstein  For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more than $50,000 in reimbursement from, the Department of Defense's TRICARE program qualify as federal government subcontractors who are required to comply with the agency's regulations. Even when Congress passed legislation in December 2011that appears designed to reject OFCCP's position, the agency's director, Patricia Shiu, responded that "this is not over yet."

Full Story: http://www.mondaq.com/unitedstates/x/203898/Healthcare/ARB+Rejects+OFCCPs+Claim+of+Jurisdiction+based+on+Florida+Hospitals+TRICARE+Participation

Mary Sue Coleman: Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
AnnArbor.com
By Kellie Woodhouse Higher education reporterPosted on Tue, Nov 27, 2012 : 5:57 a.m. University of Michigan President Mary Sue Coleman said Monday that the institution would take a "wait and see attitude" on affirmative action.
10302012_NEWS_UMPresser_DJB_0052.jpgMary Sue ColemanDaniel Brenner | AnnArbor.comColeman's statement comes less than two weeks after a federal appellate court, in an 8-7 vote, struck down a voter-approved 2006 constitutional amendment that banned affirmative action practices by Michigan's 15 public colleges. Full Story:  http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/
 

Affirmative Action's Push-Pull on Diversity in Higher Education

To contact us Click HERE
Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College

Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.

Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
 

AAAA President's Corner

To contact us Click HERE

 AAAA President’s Corner
November 2012
 The American Association forAffirmative Action congratulates President Barack Obama on his re-election tohis second term as the 44th President of the United States ofAmerica.  During our 2012 NationalConference (“The Fierce Urgency of Now: The Economic Case for EEO, AffirmativeAction and Diversity”), in Washington, DC this past June, we focused on thedemographic trends in America.  We did sobecause the work that we do regarding access, equity and diversity, has made itvery clear to us for some time that business, education and government cannotafford to side step this predictability.  Recent demographic changes inAmerica represent the people that made it possible for Mr. Obama to succeed bygarnering the majority electoral as well as the majority popular vote onNovember 6, 2012.
The United States of Americais rapidly becoming a minority-majority, and women, the GBLT community, and thegreat diversity in the Generation X must be included in the governance of thiscountry for us to maintain global leadership status with respect to economics,education, science, medicine, technology, and employment.
America has to make criticalinvestments and pay attention to our future leaders and decision makers toimprove the quality of life for everyone. That is why equal opportunity, affirmative action, and diversity areimperative tools that go beyond being morally correct. They are necessary toour nation’s social, economic, and political survival.
Please spread the word toyour friends, colleagues, community organizations and anyone who will listen,that we will partner with groups and organizations to champion this nation’sneed to authentically address demographic challenges.  We salute the University of Texas at Austinfor understanding the demographic reality and its bold admissions policy toaccommodate demographic changes.  Forthis reason we submitted an Amicus Curie Brief in the Fisher v. University of TexasCase.
May 6 – 10, 2013, we will hostour 39th Annual Conference (“Diversity on Trial: The Compelling Casefor Affirmative Action in Education and the Workplace.”), in San Antonio,Texas.   Make certain you join us to learn and to makeyour voice heard in concert with the AAAA national movement. Gregory T. Chambers

Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
By KellieWoodhouse, Higher education reporter

University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.



Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/

21 Şubat 2013 Perşembe

Affirmative Action's Push-Pull on Diversity in Higher Education

To contact us Click HERE
Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College

Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.

Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
 

AAAA President's Corner

To contact us Click HERE

 AAAA President’s Corner
November 2012
 The American Association forAffirmative Action congratulates President Barack Obama on his re-election tohis second term as the 44th President of the United States ofAmerica.  During our 2012 NationalConference (“The Fierce Urgency of Now: The Economic Case for EEO, AffirmativeAction and Diversity”), in Washington, DC this past June, we focused on thedemographic trends in America.  We did sobecause the work that we do regarding access, equity and diversity, has made itvery clear to us for some time that business, education and government cannotafford to side step this predictability.  Recent demographic changes inAmerica represent the people that made it possible for Mr. Obama to succeed bygarnering the majority electoral as well as the majority popular vote onNovember 6, 2012.
The United States of Americais rapidly becoming a minority-majority, and women, the GBLT community, and thegreat diversity in the Generation X must be included in the governance of thiscountry for us to maintain global leadership status with respect to economics,education, science, medicine, technology, and employment.
America has to make criticalinvestments and pay attention to our future leaders and decision makers toimprove the quality of life for everyone. That is why equal opportunity, affirmative action, and diversity areimperative tools that go beyond being morally correct. They are necessary toour nation’s social, economic, and political survival.
Please spread the word toyour friends, colleagues, community organizations and anyone who will listen,that we will partner with groups and organizations to champion this nation’sneed to authentically address demographic challenges.  We salute the University of Texas at Austinfor understanding the demographic reality and its bold admissions policy toaccommodate demographic changes.  Forthis reason we submitted an Amicus Curie Brief in the Fisher v. University of TexasCase.
May 6 – 10, 2013, we will hostour 39th Annual Conference (“Diversity on Trial: The Compelling Casefor Affirmative Action in Education and the Workplace.”), in San Antonio,Texas.   Make certain you join us to learn and to makeyour voice heard in concert with the AAAA national movement. Gregory T. Chambers

Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
By KellieWoodhouse, Higher education reporter

University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.



Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/

Webinar: Worker's Compensation Update March 30th

To contact us Click HERE
It is important to clarify when employees are eligible for workers’ compensation benefits and explain what you should and shouldn’t do if an employee is injured on the job. This seminar will discuss:


• When is an employee eligible for worker's compensation benefits?
• Dos and Don'ts when an employee gets injured on the job.
• 2011 changes to the workers' compensation system.
• New legislation and court rulings from 2010.
• Why offer modified work, and what to do when it is refused by your employee.
• Communicating with your injured workers – how and why.

HRCI Approved:
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification.

Speaker: Steven Roberts Esq
Date: Wednesday, March 30, 2011 At 12:00 PM
Duration: 1 Hour

Mr. Roberts is a partner in the workers’ compensation defense firm of Yrulegui and Roberts. He is certified by The State Bar of California Board of Legal Specialization as a specialist in Workers’ Compensation.

He has full range of trial experience including all phases of workers’ compensation litigation; appellate court hearings and Workers’ Compensation Appeals Board trials.

Registration information Click Here



Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.

For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Mobile 916-281-5898
Email: sdear@employers.org
Website: www.employers.org
Twitter: Caemployers

Think You Know an Employee's "Age"? Don't Be So Sure

To contact us Click HERE
The article below addresses key points related to UIC HR policy102 that provides a nondiscrimination statement that applies to admissions, employment, access to, and treatment in the University programs and activities. Age is one of the protected classes under Title VII of Civil Rights Act of 1964 and Amendments.
From Diversity Executive


By Frank Kalman 11/5/12
A recent study unearths myriad ways to look at a person’s age. Consider this to drive engagement and performance. Age in the workplace is far more complicated than adding up the number of birthdays an employee has celebrated. Not only is age a measure of how old an employee is, but it’s also a measure of energy, career trajectory, company tenure and more.Read more http://www.diversity-executive.com/articles/view/think-you-know-an-employee-s-age-don-t-be-so-sure/?interstitial=dwb110512

20 Şubat 2013 Çarşamba

In Title VII Cases, Sometimes It's All About the Numbers. . .

To contact us Click HERE
On September 28, 2011, in the case of Meditz v. City of Newark the Third Circuit Court of Appeals found that the trial court had improperly dismissed a lawsuit against the City of Newark, which alleged that the City's residency requirement for its non-uniformed employees was unlawful under Title VII because it created an employment bias against white, non-Hispanic applicants. The Court of Appeals held that the trial court had failed to properly evaluate and consider the weight of the statistical evidence that had been presented by the plaintiff. In April of 2007, Gregory Meditz, a white male who resided in neighboring Rutherford, New Jersey, applied for a non-uniformed job with the City of Newark. Meditz was turned down for the job because he did not live in the City of Newark, and thus did not qualify for employment under a City Ordinance that required all non-uniformed City personnel to live within the City limits. Meditz sued, claiming that the City's residency requirement for its non-uniformed employees was discriminatory and unlawfully barred him from qualifying for a non-uniformed job with the City. Specifically, Meditz argued that the residency requirement worked a disparate impact on white, non-Hispanic job applicants because the racial make-up of the population of Newark did not reflect the racial make-up of the surrounding labor market. In support of his claims, Meditz produced statistical data that he gathered from publicly available sources, which revealed that in 2007, only 9.4% of the non-uniformed employees of the City of Newark were white, non-Hispanic, while 28.31% of the City's uniformed employees (who are not subject to a residency requirement) were white, non-Hispanics. Meditz also compared the statistics of the racial composition of the City's non-uniformed employees with the racial composition of the non-uniformed employees from the County of Essex, which maintained its County seat within the City of Newark. This comparison showed that 42.96% of the non-uniformed employees who worked for the County were white, non-Hispanics. Meditz also introduced evidence that in 2005, the percentage of white, non-Hispanics that constituted the non-uniformed employees of Essex County and 5 neighboring counties, ranged from 48.09% to 86.49%, with the percentages of white, non-Hispanics employed in the private labor force in those same counties being only slightly lower. The trial court, however, granted the City's motion for summary judgment, and tossed Meditz's lawsuit, concluding that "these statistics, standing alone, do not constitute sufficient evidence of a significantly discriminatory hiring pattern."On appeal, the Third Circuit reversed, finding that the trial court had misapplied the law and had failed to lend the appropriate weight to Meditz's statistical evidence. Specifically, the Court held that "Meditz offered statistical evidence showing that the percentage of white, non-Hispanics employed by Newark was lower than the population of white, non-Hispanics in the general population of Newark. Meditz also offered statistics showing the percentage of white, non-Hispanics in surrounding areas both for the general population and for the private and government work forces. Finally, Meditz offered evidence of the percentage of white, non-Hispanics employed by the Essex County government in Newark. Out of all these percentages, the lowest was the percentage of white, non-Hispanics employed by the City of Newark. This compilation of statistics supported Meditz's claim that white, non-Hispanics were under-represented in Newark's non-uniformed work force." This case provides an excellent illustration of how a disparate impact theory of discrimination under Title VII can be invaluable tool for an individual who believes he or she has been subjected to unlawful discrimination, because in these cases, evidence of discriminatory intent or bias on behalf of the employer is not required. All that a plaintiff needs in order to be successful is to establish a differential employment outcome or treatment that is based upon race, sex, religion, or national origin, which can be proven through statistical analysis and statistical deviations. After all, the numbers don't lie. You can read the Third Circuit's full opinion in Meditz v. City of Newark here: http://www.ca3.uscourts.gov/opinarch/102442p.pdf

Filming Co-workers In Partial State of Undress is Bad.... In Case You Didn't Know

To contact us Click HERE
In the legal world, common sense and the law do not always go hand-in-hand.  Sometimes what seems practically logical or predictable will not be legally sustainable (or vice-versa).  But, on those rare occasions when the law and common sense can exist side-by-side without destroying each other like sparring gladiators, it can be refreshing. 
This is one of those moments.  In the recent case of Jane Doe v. Luzerne County, the Third Circuit Court of Appeals reversed a trial court's dismissal of a claim brought by a deputy sheriff who alleged that her supervisors and co-workers in the Luzerne County Sheriff's office violated her Right to Privacy under the Fourteenth Amendment when they surreptitiously videotaped her partially nude, showed the video and still photographs to other co-workers in the department, and then stored the files on a county computer where any county employee who had access to the network could find and view them.  The district court had thrown out Jane Doe's Right to Privacy claim, finding that while the actions of Doe's supervisor and co-worker in making the video, were "likely ill-conceived and definitely poorly executed," they did not "fall within the zone of privacy protected by the Fourteenth Amendment." (Yes, you read that correctly). 
One day, Jane Doe, a Luzerne County deputy sheriff, and her partner entered a residence to serve a bench warrant, only to discover the inside of the residence strewn with garbage and at least one dead animal (a cat)  observed on the floor.  Doe and her partner soon found themselves crawling with fleas.  They radioed back to the Sheriff's Department for instructions on how to handle the flea exposure, and were told to proceed to a local Emergency Management Building (EMB), and wait there in their police cruiser until EMB personnel could construct a temporary decontamination shower and until their supervisors arrived.
After arriving at the EMB, Doe and her partner were met by Arthur Bobbouine, Chief Deputy of the Department and Deputy Ryan Foy, both of whom were Doe's supervisors.  Foy brought a video camera and immediately began to film Doe and her partner, who were still sitting in their police cruiser with the windows rolled up.  Foy testified that he was videotaping the proceedings for training purposes, and both Bobbouine and Foy instructed Doe and her partner that they had to remain inside the cruiser until the decontamination shower was constructed.  
Unfortunately, the EMB personnel were unable to construct the decontamination shower, so Bobbouine instructed Doe and her partner to drive to a nearby hospital, which was equipped with a decontamination facility.  After getting to the hospital and sitting in the cruiser for another forty-five minutes (as ordered), Doe finally entered the hospital with Foy videotaping her the entire way.  Doe testified that throughout her time in the cruiser, both at the EMB and the hospital, and during her walk into the hospital, she repeatedly asked Foy to stop filming, but he refused, stating it was for training purposes. 
Doe proceeded to the decontamination shower room, closed the door behind her, undressed and showered without incident.  When she finished showering, however, she noticed that there were no towels in the decontamination area - only a roll of thin tissue paper, of the kind that covers examination tables in doctors' offices.  A female Sheriff's Deputy, Joyce, instructed Doe through the closed door to wrap the hospital paper around her private areas so that Joyce could enter the room, examine Doe and ensure that all of the fleas had been removed.  Doe wrapped the paper around her private areas, but testified that either the paper itself was semi-transparent, and/or that her wet body caused the paper to become semi-transparent after she wrapped it around herself.  
Joyce entered the decontamination room, and closed the door behind her, but was unable to lock it, as the door was not equipped with a lock.  With Doe standing with her back to the door, Joyce began to inspect Doe for fleas.  Doe testified that at this point, most of her back, shoulders and legs were completely exposed, with only the semi-transparent paper wrapped around her buttocks and breasts. 
As Joyce was examining Doe for fleas, Foy opened the door to the decontamination room approximately one foot and began surreptitiously filming Doe.  Doe was then startled to hear Bobbouine's voice behind her saying "What's that shit all over your back?" in a reference to Doe's back tattoo.  Doe instinctively turned, saw the two men and yelled at them to leave the decontamination room.  Doe later testified that the video captured someone saying that he could see her "boobies," and that somebody should grab something to "cover [Doe] up."  Doe also testified that her buttocks were visible through the wet paper and that Bobbouine had made a statement (also allegedly captured on video) that he "could see [Doe's] ass."  
Joyce again closed the door to the decontamination room behind the men, and finished her examination of Doe.  After which, Doe left the hospital in scrubs. 
Later that same day, Foy uploaded the video he took of Doe onto his County work computer and showed the footage to several male and female officers.  At least one officer testified that Foy had displayed a still image of Doe's bare buttocks.  Foy then saved several still images (including one showing the tattoo on Doe's back) and the video he took that day in a public computer file, entitled "Brian's ass," which Doe testified could have been viewed by anyone who had access to the Luzerne County computer network.  Of the two still images Foy saved that depicted Doe, both showed the visible outline of her buttocks, covered only by thin, wet hospital paper. 
Doe sued the County, claiming that the actions of Foy and Bobbouine violated not only her Right to Privacy under the Fourteenth Amendment, but also her right to be free from unreasonable searches and seizures under the Fourth Amendment.  Doe also claimed that the County was liable for an alleged failure to train their officers. 
On appeal, the Third Circuit held that, on these facts, the district court committed error by dismissing Doe's Right to Privacy claim.  While noting that "the issue of whether one may have a constitutionally protected privacy interest in his or her partially clothed body is a matter of first impression in this circuit," the Court unambiguously found that "Doe had a reasonable expectation of privacy while in the Decontamination Area, particularly while in the presence of members of the opposite sex," and that the facts did not "support the assertion that Doe expressly or implicitly consented to Bobbouine and Foy opening the door or filming the events inside the Decontamination Area."  The Court noted that there was also a dispute of material fact as to which of Doe's body parts were exposed to Bobbouine and Foy - Doe had presented evidence that her unexposed breasts and buttocks were revealed to Bobbouine and Foy, while the County had argued that only Doe's back, shoulders, arms and legs were exposed.  As such, the Court determined that dismissal of Doe's claim in light of this factual dispute was improper. 
The Court also found that the following factors all weighed in favor of finding a Right to Privacy for Doe under these circumstances: (1) the video and pictures may have included images of Doe's exposed breasts and/or buttocks; (2) the potential harm to Doe of dissemination of non-consensual disclosure of those images or video over the Internet was great; (3) the context of the disclosure of the video and images at her work and to her co-workers could increase the harm suffered by Doe; and (4) there were inadequate safeguards imposed against non-consensual disclosure because Foy had uploaded the video and images to a public file where anyone with network access could view them. 
Consequently, the Court remanded the case back to the trial court and allowed Doe's Right to Privacy claim to continue. 
So, in case anyone out there was fuzzy on this issue, videotaping your co-workers partially nude is a no-no.  
You can read the Third Circuit's full opinion in Doe v. Luzerne County here: http://www.ca3.uscourts.gov/opinarch/103921p.pdf





Webinar: Worker's Compensation Update March 30th

To contact us Click HERE
It is important to clarify when employees are eligible for workers’ compensation benefits and explain what you should and shouldn’t do if an employee is injured on the job. This seminar will discuss:


• When is an employee eligible for worker's compensation benefits?
• Dos and Don'ts when an employee gets injured on the job.
• 2011 changes to the workers' compensation system.
• New legislation and court rulings from 2010.
• Why offer modified work, and what to do when it is refused by your employee.
• Communicating with your injured workers – how and why.

HRCI Approved:
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification.

Speaker: Steven Roberts Esq
Date: Wednesday, March 30, 2011 At 12:00 PM
Duration: 1 Hour

Mr. Roberts is a partner in the workers’ compensation defense firm of Yrulegui and Roberts. He is certified by The State Bar of California Board of Legal Specialization as a specialist in Workers’ Compensation.

He has full range of trial experience including all phases of workers’ compensation litigation; appellate court hearings and Workers’ Compensation Appeals Board trials.

Registration information Click Here



Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.

For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Mobile 916-281-5898
Email: sdear@employers.org
Website: www.employers.org
Twitter: Caemployers

Think You Know an Employee's "Age"? Don't Be So Sure

To contact us Click HERE
The article below addresses key points related to UIC HR policy102 that provides a nondiscrimination statement that applies to admissions, employment, access to, and treatment in the University programs and activities. Age is one of the protected classes under Title VII of Civil Rights Act of 1964 and Amendments.
From Diversity Executive


By Frank Kalman 11/5/12
A recent study unearths myriad ways to look at a person’s age. Consider this to drive engagement and performance. Age in the workplace is far more complicated than adding up the number of birthdays an employee has celebrated. Not only is age a measure of how old an employee is, but it’s also a measure of energy, career trajectory, company tenure and more.Read more http://www.diversity-executive.com/articles/view/think-you-know-an-employee-s-age-don-t-be-so-sure/?interstitial=dwb110512

What's the Real Cost?

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With the increase in Federal agency initiatives targeting employers, such as I-9 audits or independent contractor classification audits, employers face increased scrutiny. In addition, disgruntled current or former employees are free to lodge complaints with State and Federal agencies that may spark an investigation. In either case, an employer faces potential liability, as very few employers are capable of keeping up with the myriad of employment laws. In reality, most employers try to remain compliant with employment laws, but if the government looks hard enough, it is likely to find a violation or two.
What’s the cost of a claim? It might be fines for incomplete I-9s, unpaid taxes for misclassification of workers, overtime for unpaid wages or a need to change employment practices. But, the biggest cost is usually legal fees. It is a best practice to hire counsel when an employer faces a government investigation, employee claim or audit. Contacting counsel before reacting/responding to a claim is prudent, but it does create an expense. Moreover, a disgruntled employee is likely to have an attorney herself. When an employee has an attorney, that attorney will likely make a demand for some kind of monetary compensation for whatever wrong the employee alleges. The demand ordinarily includes the payment of that employee’s attorney’s fees.
Most Federal discrimination laws allow for the recovery of attorney’s fees to the “prevailing party”. In a case that goes to litigation, this can mean that the employee’s attorney will ask the court to award “reasonable attorney’s fees”. Typically, the employee’s will ask that the court award attorney’s fees in excess of $100,000. Even in cases that settle, employees expect their attorney’s fees to be paid by the employer, which again can add up to significant amounts of money even in a case that is considered suspect.
In a recent Federal employment discrimination case, a jury awarded an employee $110,000 in damages for the employer’s retaliation for her protesting unlawful employment practices. The employee asked the court for an award of attorney’s fees. Although the employee also brought two other unsuccessful claims (one for gender discrimination and one under the FMLA) that the jury rejected, the judge in that case awarded the employee $250,000 in attorney’s fees and expenses. Think about it: her attorney’s fees award more than doubled the amount of actual damages that the jury awarded to her. The judge reasoned that the winning claim (retaliation) was “intertwined” with her other discrimination claims such that she was entitled to all of her attorney’s fees.
What is the lesson learned from this illustrative case? Be proactive as an employer. Conduct regular training for both employees and management, including on topics such as harassment. In addition, conduct a self-audit of internal recordkeeping, policies and procedures, etc. If you find violations on your own, it’s cheaper and easier to correct with the assistance of counsel than when your company is facing a claim or audit. Finally, while not all claims are avoidable despite best efforts, if the company has taken proactive steps such as those mentioned above, it can mitigate its exposure and can reduce the number of claims. After all, paying someone else’s attorney’s fees doesn’t exactly help the bottom line.

19 Şubat 2013 Salı

Affirmative Action's Push-Pull on Diversity in Higher Education

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Huff Post College the Blog
Posted: 11/13/2012 6:55 pm
Jackie Jenkins-Scott
President, Wheelock College

Last Tuesday's election showed us how the face of our country is changing. We saw the most diverse electorate in the history of the country with increases in the Latino and Asian American vote, and the African American vote at 13 percent -- the same high level as in the 2008 election. Notably, whites made up their lowest voting population ever at 72 percent of the electorate.
How do these shifting demographics impact higher education and affirmative action? The affirmative action case of Fisher v. University of Texas currently before the United States Supreme Court is a hot topic in higher education.

Full Story: http://www.huffingtonpost.com/jackie-jenkinsscott/college-affirmative-action_b_2121560.html
 

AAAA President's Corner

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 AAAA President’s Corner
November 2012
 The American Association forAffirmative Action congratulates President Barack Obama on his re-election tohis second term as the 44th President of the United States ofAmerica.  During our 2012 NationalConference (“The Fierce Urgency of Now: The Economic Case for EEO, AffirmativeAction and Diversity”), in Washington, DC this past June, we focused on thedemographic trends in America.  We did sobecause the work that we do regarding access, equity and diversity, has made itvery clear to us for some time that business, education and government cannotafford to side step this predictability.  Recent demographic changes inAmerica represent the people that made it possible for Mr. Obama to succeed bygarnering the majority electoral as well as the majority popular vote onNovember 6, 2012.
The United States of Americais rapidly becoming a minority-majority, and women, the GBLT community, and thegreat diversity in the Generation X must be included in the governance of thiscountry for us to maintain global leadership status with respect to economics,education, science, medicine, technology, and employment.
America has to make criticalinvestments and pay attention to our future leaders and decision makers toimprove the quality of life for everyone. That is why equal opportunity, affirmative action, and diversity areimperative tools that go beyond being morally correct. They are necessary toour nation’s social, economic, and political survival.
Please spread the word toyour friends, colleagues, community organizations and anyone who will listen,that we will partner with groups and organizations to champion this nation’sneed to authentically address demographic challenges.  We salute the University of Texas at Austinfor understanding the demographic reality and its bold admissions policy toaccommodate demographic changes.  Forthis reason we submitted an Amicus Curie Brief in the Fisher v. University of TexasCase.
May 6 – 10, 2013, we will hostour 39th Annual Conference (“Diversity on Trial: The Compelling Casefor Affirmative Action in Education and the Workplace.”), in San Antonio,Texas.   Make certain you join us to learn and to makeyour voice heard in concert with the AAAA national movement. Gregory T. Chambers

Michigan will 'wait and see' how affirmative action fares in federal courts before changing policy

To contact us Click HERE
By KellieWoodhouse, Higher education reporter

University officials are hesitant to reinstate formerly used affirmative action policies due to the possibility the ruling could be further appealed and because of an ongoing U.S. Supreme Court case that is examining the lawfulness of affirmative action.



Full Story:
http://www.annarbor.com/news/mary-sue-coleman-michigan-will-wait-and-see-how-affirmative-action-fares-in-federal-courts-before-ch/

Webinar: Worker's Compensation Update March 30th

To contact us Click HERE
It is important to clarify when employees are eligible for workers’ compensation benefits and explain what you should and shouldn’t do if an employee is injured on the job. This seminar will discuss:


• When is an employee eligible for worker's compensation benefits?
• Dos and Don'ts when an employee gets injured on the job.
• 2011 changes to the workers' compensation system.
• New legislation and court rulings from 2010.
• Why offer modified work, and what to do when it is refused by your employee.
• Communicating with your injured workers – how and why.

HRCI Approved:
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification.

Speaker: Steven Roberts Esq
Date: Wednesday, March 30, 2011 At 12:00 PM
Duration: 1 Hour

Mr. Roberts is a partner in the workers’ compensation defense firm of Yrulegui and Roberts. He is certified by The State Bar of California Board of Legal Specialization as a specialist in Workers’ Compensation.

He has full range of trial experience including all phases of workers’ compensation litigation; appellate court hearings and Workers’ Compensation Appeals Board trials.

Registration information Click Here



Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.

For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Mobile 916-281-5898
Email: sdear@employers.org
Website: www.employers.org
Twitter: Caemployers

Think You Know an Employee's "Age"? Don't Be So Sure

To contact us Click HERE
The article below addresses key points related to UIC HR policy102 that provides a nondiscrimination statement that applies to admissions, employment, access to, and treatment in the University programs and activities. Age is one of the protected classes under Title VII of Civil Rights Act of 1964 and Amendments.
From Diversity Executive


By Frank Kalman 11/5/12
A recent study unearths myriad ways to look at a person’s age. Consider this to drive engagement and performance. Age in the workplace is far more complicated than adding up the number of birthdays an employee has celebrated. Not only is age a measure of how old an employee is, but it’s also a measure of energy, career trajectory, company tenure and more.Read more http://www.diversity-executive.com/articles/view/think-you-know-an-employee-s-age-don-t-be-so-sure/?interstitial=dwb110512