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27th Annual Industry Liaison Group National Conference - 2009
MAKE A DIFFERENCE in an economy where we have learned that partnerships between employers and government agencies are the key to success.
EXPERIENCE THE DREAM of a diverse workforce where employees work cohesively together and thrive in a successful environment. Learn how to make both come true by attending the 27th Annual Industry Liaison Group National Conference in Atlanta Georgia. No other employer association has a broader base of constituents focused on EO/AA matters or a more successful partnership with government agencies. Hundreds of the nation's top human resource executives and professionals from Fortune 500 companies and small businesses are expected to attend this annual event.
To register go to http://www.atlantailg.org
The National Industrial Liaison Group Conference July 29-August 1, 2008
The National Industrial Liaison Group annual conference was held in Anaheim on July 29th through Oct 1st. It was attended by over 600 attendees. We have created an executive summary for our members for download here (Executive Summary – NILG 2008 26th Annual Conference – Anaheim, CA).
We also were provided one of the presentations by Valerie Hoffman on Diversity Metrics. Part 1 - Understanding & Constructing Diversity Metrics: Basic and Beyond and Part 2 - Diversity Metrics Workshop: Developing Metrics You Can Put Into Practice. These presentations are password protected and are available to our members only.
President Bush Signs Order Requiring Federal Contractors and Subcontractors to Ensure Employees' Immigration Status:
President Bush signs an amendment to Executive Order 12989 requiring federal contractors and subcontractors to verify employment eligibility of their workers. Department of Homeland Security will be submitting regulations that will be effective in the fall. Federal Contractors and subcontractors will be likely using the E-Verify system. http://www.dhs.gov/xnews/releases/pr_1213039922523.shtm.
OFCCP
Sept, 2009: New OFCCP Director named
The U.S. Department of Labor has announced that Patricia Shiu is the Obama Administration’s choice to be the next Director of the Office of Federal Contract Compliance Programs. For the past several years, Ms. Shiu has been the Vice President of Programs at the Legal Aid Society of San Francisco’s Employment Law Center. Since joining the Center in 1983, Ms. Shiu, an attorney, has focused primarily on employment discrimination cases, particularly those involving race, gender, disability and sexual orientation discrimination. During the Clinton Administration, Ms. Shiu served on the Department of Education’s Civil Rights Reviewing Authority. She also is a former vice president and board member of the National Employment Lawyers Association, a plaintiff-side employment attorneys group. The Department of Labor expects Ms. Shiu to start in her new post as OFCCP Director in September. Source: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1817
OFCCP Final Rule - Nondiscrimination and Affirmative Action Obligations of Contractors and Subcontractors Regarding Protected Veterans -
The final rule revises the mandatory job listing provision that listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the mandatory job listing requirements.
http://www.dol.gov/esa/regs/compliance/ofccp/MJLRFinalRule_04_07_08.pdf
OFCCP - America's Job Bank (AJB) Service Center Closing June 30, 2008
Reports will be available till June 30, 2008. After that date operations will cease. See the following link to find out how to retrieve your listings.
http://www.dol.gov/esa/ofccp/ Note: starts at bottom of Page 1.
OFCCP Policy Update (2008 Supply & Service Scheduling Update)
Some great information presented by the acting Director, Division of Policy, Planning and Program Development, Laura A. Clements and Deputy Director, David L. Frank. http://www.dol.gov/esa/ofccp/Policy_Update_Webinar_Presentation.pdf
EEOC
Sept, 2009: New EEOC Chair named
On July 16, 2009, President Obama announced his intent to nominate Jacqueline A. Berrien as Chair of the Equal Employment Opportunity Commission. Berrien has served as Associate Director-Counsel of the NAACP Legal Defense and Education Fund since September 2004. From 2001 to 2004, Berrien was a Program Officer in the Ford Foundation’s Peace and Social Justice Program. Berrien also worked for eight years as a staff attorney with the Lawyers’ Committee for Civil Rights and the American Civil Liberties Union. Source: http://washlaborwire.com/2009/07/16/president-obama-announces-pick-for-new-eeoc-chair
Sept, 2009: Ricci v. DiStefano case decided
In the Ricci case, White and Hispanic candidates for promotion in the New Haven, CT fire department sued various city officials in the United States District Court for the District of Connecticut when the New Haven Civil Service Board (CSB) failed to certify two exams needed for the plaintiffs' promotion to Lieutenant and Captain. The CSB did not certify because the results of the test would have promoted a disproportionate number of white candidates in comparison to minority candidates. The plaintiffs argued that their rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, and the 14th Amendment Equal Protection Clause were violated. The federal district court granted the defendants' motion for summary judgment.
On appeal, the United States Court of Appeals for the Second Circuit affirmed. It reasoned that the CSB, by refusing to certify the results of the promotional exam, was trying to fulfill its obligations under the rules utilized by the plaintiffs in their argument and therefore was protected in its actions.
On review, the Supreme Court held that by discarding the exams, the City of New Haven violated Title VII of the Civil Rights Act of 1964. With Justice Anthony M. Kennedy wrote the majority joined by Chief Justice John G. Roberts, and Justices Antonin G. Scalia, Clarence Thomas, and Samuel A. Alito. Before an employer can engage in intentional discrimination for the purpose of avoiding a "disparate impact" on a protected trait (race, color, religion, national origin), the employer must have a "strong basis in evidence" that it will be subject to "disparate impact liability" if it fails to take the discriminatory action. Here, the Court reasoned that New Haven failed to prove it had a "strong basis in evidence" that failing to discard the results of the exam would have subjected it to liability, as the exams were job-related, consistent with business necessity, and there was no evidence that an equally-valid, less-discriminatory alternative was available. Source: http://www.oyez.org/cases/2000-2009/2008/2008_08_328
Supreme Court expands the coverage of retaliation claims:
The U.S. Supreme Court has expanded the use of retaliation claims to Section 1981 and Age Discrimination in Employment Act (ADEA)
http://in.us.biz.yahoo.com/ap/080527/scotus_retaliation.html
EEOC – Training - 11th Anniversary EXCEL Conference
Examining Conflicts in Employment Law (EXCEL) is the premier training conference for Federal managers, supervisors and EEO practitioners.
http://www.eeotraining.eeoc.gov/profile/web/index.cfm?PKwebID=0x79919e0
EEOC - The E-RACE Initiative
E-RACE Objectives and goals.
http://www.eeoc.gov/initiatives/e-race/index.html
NILG - 26th Annual Industry Liaison Group National Conference
Hundreds of the nation’s top human resource executives and professionals from Fortune 500 companies and small business are expected to attend.
http://www.pacificilg.org/
American Society of Employers – Upcoming Training and Education
Essentials for the New HR Professional, Advanced FMLA: Regaining Employer Control, Family and Medical Leave Act and much more.
http://www.aseonline.org/Main.Cfm?section=train&mode=0&ShowNav=Event
General
Sept, 2009 USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9
The U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009. Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form. Source: USCIS
(TOPEKA, Kan.) — The last surviving plaintiff in Topeka's Brown v. Board of Education case, which led to the historic 1954 Supreme Court ruling outlawing segregation in public schools, has died at 88.
http://www.time.com/time/nation/article/0,8599,1808411,00.html
Workers with Disabilities: Talent for a Winning Team - June 2008
Curtis S. - "Honor, Courage, Commitment" (U. S. Navy Core Values)
 A veteran of the United States Marine Corps and a United States Navy Reservist Petty Officer First Class, attached to the Navy Customs Battalion, PAPA, Curtis S. was continuing his commitment to serve our country in Kuwait when an accident caused injury to his knees.
http://www.dol.gov/odep/talent/062008.htm
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