News Release: Fort Myer Construction will pay $900K to settle discrimination and harassment case involving 371 women and minorities

OFCCP News Release: [09/17/2014]
Contact Name: Laura McGinnis or Michael Trupo
Phone Number: (202) 693-4653 or x6588
Email: McGinnis.Laura.K@dol.gov or Trupo.Michael@dol.gov
Release Number: 14-1513-PHI

Fort Myer Construction will pay $900K to settle discrimination and harassment case involving 371 women and minorities

WASHINGTON — Fort Myer Construction Corp. has agreed to settle charges that it violated Executive Order 11246 by failing to provide equal employment opportunities to employees and job applicants at 413 construction sites in the D.C. metropolitan area.

An agreement reached by the federal contractor and the U.S. Department of Labor's Office of Federal Contract Compliance Programs resolves allegations that between Jan. 1 and Dec. 31, 2010, the company discriminated against 27 qualified women and 136 qualified African Americans who applied for jobs as laborers, and unfairly terminated eight African American skilled laborers. It also resolves pay discrimination charges stemming from Fort Myer Construction's practice of assigning equally qualified workers performing the same jobs to projects paying different hourly rates, some with fewer work hours. This resulted in lower wages for 44 African American and 156 Hispanic laborers.

"Strong enforcement and vigilance are critical to opening doors of opportunity for more women and minorities in the construction industry, ensuring that all workers get an equal shot at getting to work on the highest-paying projects," said OFCCP Director Patricia A. Shiu.

OFCCP's investigation of Fort Myer Construction began in January 2011 during the agency's review of companies involved in constructing the U.S. Department of Homeland Security's consolidated headquarters in southeastern D.C. Because that project is valued above $25 million and will last more than a year, this undertaking has been designated by the Labor Department as a Mega Construction Project, which is a priority area for OFCCP. More than 300 workers were interviewed over the course of the compliance evaluation, which focused on Fort Meyer Construction's employment practices in 2010.

"Getting those workers in the door and keeping them is going to take more than improved applicant tracking and better pay policies," said OFCCP Mid-Atlantic Regional Director Michele Hodge. "It's going to take a concerted effort by Fort Myer Construction's leadership to change a culture that devalues too many workers."

During their investigation, OFCCP compliance officers received more than 30 phone calls alerting them to charges of harassment, intimidation, threats and coercion at work. The agency discovered that supervisors at Fort Myer Construction used hostile and derogatory language toward African American and Hispanic employees, as well as a disabled veteran. The supervisors sexually harassed and tried to date female subordinates. African American women were locked out of restroom facilities and had feces left in their work trucks. A company vice president tried to interfere in OFCCP's investigation by discouraging Hispanic employees from talking to agency inspectors conducting an onsite review. Even a female investigator from OFCCP was subjected to inappropriate sexual jokes by a superintendent while at a Fort Myer Construction work site.

Under the terms of the settlement, Fort Myer Construction will pay $900,000 in back wages and interest to 371 class members and make job offers to seven women and 30 African Americans from that class as laborer positions become available. The company has also agreed to undertake extensive training and monitoring measures to ensure that all its employment practices – including hiring, termination and compensation – fully comply with the laws enforced by OFCCP.

D.C.-based Fort Myer Construction builds, repairs and maintains streets, roads, bridges and underground utilities. In 2010, the company received more than $400 million in federal funds for work on 155 construction projects in the D.C. area. Some of its largest contracts that year were with the U.S. Department of Transportation, General Services Administration, Navy Department, National Park Service and Smithsonian Institution.

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. These three laws require that those who do business with the federal government, both contractors and subcontractors, 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 more information, visit http://www.dol.gov/ofccp/.

Read this news release en Español.

Repost: US Department of Labor settles charges of racial discrimination with New York City-based federal contractor Parsons Brinckerhoff

On May 8th, the US Department of Labor circulated a news release that describes contractor Parsons Brinckerhoff's settlement over hiring discrimination for federal construction jobs. The news release states, "During a scheduled compliance review, OFCCP investigators determined that Parsons Brinckerhoff violated Executive Order 11246 between 2010 and 2012 by using a hiring process that resulted in systemic discrimination. The agency found that Parsons Brinckerhoff did not follow its own written hiring policies and failed to use a consistent selection process for screening, interviewing and selecting assistant engineers. As a result, zero minorities were hired as assistant engineers during the review period...Under the terms of the conciliation agreement signed by both parties, the contractor will pay $188,043 in back wages and interest to the affected job seekers and will offer assistant engineer positions and retroactive seniority to at least four class members as positions become available" (OFCCP, 8 May 2014). This settlement will affect 247 job applicants.

Visit http://www.dol.gov/opa/media/press/ofccp/ to read the full press release about this settlement.

Repost: DOL Settles Sex Harassment Case in Puerto Rico

News Release

U.S. Department of Labor            For Immediate Release                    April 1, 2014

Office of Public Affairs               Contact: Ted Fitzgerald                   Andre J. Bowser

Boston, Mass.                             Phone: 617-565-2075                      617-565-2074

Release Number: 14-363-NEW    Email: fitzgerald.edmund@dol.gov   bowser.andre.j@dol.gov

Puerto Rico construction contractor settles sexual harassment and discrimination case with US Department of Labor

Constructora Santiago to pay $40,000 to three female victims

SAN JUAN, Puerto Rico – Constructora Santiago II Corp., a federal construction contractor in San Juan, will make a lump sum payment of $40,000 to three female carpenters who were sexually harassed, retaliated against and denied regular and overtime work hours comparable to those of their male counterparts. The settlement follows an investigation by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

“No person — male or female — should have to put up with the degrading and inappropriate treatment these women faced just to get a paycheck,” said OFCCP Director Patricia A. Shiu. “There’s no excuse for that kind of behavior, and it’s particularly egregious when the discrimination takes place at work sites funded by taxpayers.”

OFCCP investigators reviewed Constructora Santiago’s employment practices and determined that the company violated Executive Order 11246 by discriminating against women in compensation and by permitting sexual harassment and retaliation against employees who complained about a hostile work environment.

Additionally, OFCCP found that Constructora Santiago did not provide adequate restroom facilities for female employees. At times, the contractor provided no restrooms for women, and female employees were forced to relieve themselves outdoors, even in the presence of male colleagues. When a restroom was available, it was not separate from the men’s restroom and was not clean. Investigators also found that female workers were subjected to unwelcome, sexually charged comments, teasing, jokes and pressure to go out on dates. The conciliation agreement entered into by Constructora Santiago and OFCCP resolves these and numerous other legal violations at the company’s construction work sites across Puerto Rico.

Under the terms of the conciliation agreement, the construction company will pay $40,000 to the three female carpenters, provide adequate toilet and changing facilities for them and develop anti-harassment policies. Constructora Santiago has also agreed to undertake extensive self-monitoring measures and training to ensure that its employment practices fully comply with Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating in employment on the basis of race, color, religion, sex or national origin.

Constructora Santiago has built more than $900 million worth of highways and bridges in Puerto Rico, as well as commercial and industrial structures. In January 2012, when OFCCP’s review began, the company held a federally assisted contract worth more than $10 million with the Puerto Rico Highway and Transportation Authority.

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. These three laws require those who do business with the federal government, both contractors and subcontractors, must 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 more information, visit http://www.dol.gov/ofccp.

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EN ESPAÑOL

Contratista de la construcción de Puerto Rico sella una disputa sobre un caso de acoso y discriminación con el Departamento de Trabajo de los EE. UU.

Constructora Santiago paga $40.000 a tres víctimas femeninas

SAN JUAN, Puerto Rico – La Constructora Santiago II Corp., un contratista de la construcción a nivel federal de San Juan, pagará un total de $40.000 a tres carpinteras que fueron acosadas sexualmente, sufrieron represalias y a quienes se les negó un horario laboral regular y horas extra a diferencia de sus compañeros masculinos. El acuerdo llegó después de una investigación por parte de la Office of Federal Contract Compliance Programs (OFCCP) [Oficina de Programas de Cumplimiento del Contratos Federales] del Departamento de Trabajo de los EE. UU.

“Ninguna persona, hombre o mujer, debería tolerar el tratamiento denigrante e inadecuado que estas mujeres enfrentaron para obtener un cheque de pago”, dijo Patricia A. Shiu, Directora del OFCCP. “No existe excusa alguna para este tipo de comportamiento, y cuando la discriminación ocurre en lugares de trabajo financiados por los contribuyentes es particularmente atroz”.

Los investigadores de la OFCCP revisaron las prácticas de empleo de Constructora Santiago y determinaron que la empresa violaba el Decreto Ejecutivo 11246 discriminando contra las mujeres en materia de compensación laboral, y permitiendo el acoso sexual y las represalias contra las empleadas que protestaban acerca de un entorno de trabajo hostil.

Además, la OFCCP encontró que Constructora Santiago no proveía instalaciones de descanso y baños para las trabajadoras empleadas. A veces, el contratista no proporcionaba instalaciones de baños para mujeres, y las empleadas eran obligadas a hacer sus necesidades fuera de las instalaciones, inclusive ante la presencia de sus colegas masculinos. Cuando existía un baño disponible, éste no estaba separado de los baños de los hombres y no estaba limpio. Los investigadores también hallaron que las trabajadoras eran víctimas de comentarios indeseables, sexualmente implícitos, bromas, burlas y presión para aceptar citas. El acuerdo de conciliación realizado entre Constructora Santiago y la OFCCP resuelve estas y otras numerosas violaciones a la ley en los lugares de trabajo de construcción de la empresa en todo Puerto Rico.

Según los términos del acuerdo de conciliación, la empresa constructora pagará $40.000 a estas tres carpinteras, proveerá baños adecuados y vestuarios para las mismas, y desarrollará políticas contra el acoso. Constructora Santiago además ha acordado asumir medidas de monitoreo interno y entrenamiento extensivas para asegurarse de que todas las prácticas de empleo cumplan por completo con la Orden Ejecutiva 11246, que prohíbe a los contratistas y sub-contratistas discriminar en el empleo con base en la raza, color, religión, sexo u origen nacional.

Constructora Santiago ha construido más de $900 millones de carreteras y puentes en Puerto Rico, al igual que estructuras comerciales e industriales. En enero de 2012, cuando comenzó la revisión de la OFCCP, la empresa tenía un contrato con asistencia federal por un valor de $10 millones con la Puerto Rico Highway and Transportation Authority [Autoridad de Carreteras y Transportación de Puerto Rico].

Aparte de la Orden Ejecutiva 11246, la OFCCP aplica la  Sección 503 de la Ley de Rehabilitación de 1973 y la Ley de Asistencia para el Reajuste de los Veteranos de la Era de Vietnam de 1974. Estas tres leyes requieren de aquellos que realizan negocios con el gobierno federal, tanto contratistas como subcontratistas, cumplan con un estándar justo y razonable, que no discrimine en el empleo sobre la base de sexo, raza, color, religión, origen nacional, discapacidad o estado de veterano protegido. Por más información, visite http://www.dol.gov/ofccp.

# # #

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

Repost: Meet Janette Wipper, OFCCP's New Pacific Regional Director

Dear Colleagues,

Today, I am pleased to welcome Janette Wipper to OFCCP as our new Regional Director for the Pacific.

Janette (starts out like “just” not “January”) comes to OFCCP from Sanford Heisler, a national civil rights law firm. During her seven-year tenure there, she litigated complex class action lawsuits on behalf of workers facing discrimination, misclassification and wage theft. In 2010 she was tapped to serve as Managing Partner, overseeing the establishment and expansion of Sanford Heisler’s San Francisco office.

At the firm, Janette served as lead advisor and consultant on the use of statistical evidence and experts in numerous class action cases. Among her many significant victories is the landmark Novartis lawsuit in which the pharmaceutical giant had to pay $250 million for discriminating against 5,600 female sales representatives in pay, promotion and because of pregnancy. That is the largest jury award for workers in a class action sex discrimination case ever. And Janette played a crucial role in the victory by uncovering flaws in the analysis used by a key expert for the defense. For her efforts on the Novartis case, she was named one of Law360’s rising stars in March of 2013.

Prior to joining Sanford, Janette practiced civil rights impact litigation at the Lawyers’ Committee for Civil Rights Under Law, the NAACP and New York Lawyers for the Public Interest. Throughout her career, she has been a champion for social and environmental justice on behalf of low-wage workers, women and communities of color. A native of Brooklyn, New York, Janette received a B.A. from The University of Texas at Austin and a J.D. from Vermont Law School. In between acquiring these two degrees, she worked as field coordinator in Ecuador, advocating on behalf of indigenous communities affected by oil contamination in the Amazon. She lives in San Francisco with her husband and five-year-old daughter.

As the head of OFCCP’s Pacific operations, Janette will oversee more than 100 staff working 12 offices and responsible for enforcement across 11 states and territories. The Pacific is one of the largest and most diverse regions in our agency, and, over the past year, staff in the region were responsible for negotiating more than $2.2 million in back wages and 933 job offers on behalf of 3,685 workers affected by discrimination – the largest remedies in the nation.

I am thrilled to welcome Janette to OFCCP and am confident that she will be a terrific addition to our team! I know you will agree.

Pat

OFCCP NPRM Announcement Re: Affirmative Action

"Notice of Proposed Rulemaking (NPRM) would revise 41 CFR part 60-1 and 60-4 by removing outdated regulatory provisions, proposing a new method for establishing affirmative action goals, and proposing other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today."

----------------------------------------------------------------- DOL/OFCCP

RIN: 1250-AA01

Publication ID: Fall 2013

Title: Construction Contractors' Affirmative Action Requirements
Abstract: The regulations implementing the affirmative action obligations of construction contractors under Executive Order 11246, as amended, were last revised in 1980. Recent data show that disparities in the representation of women and racial minorities continue to exist in on-site construction occupations in the construction industry. This Notice of Proposed Rulemaking (NPRM) would revise 41 CFR part 60-1 and 60-4 by removing outdated regulatory provisions, proposing a new method for establishing affirmative action goals, and proposing other revisions to the affirmative action requirements that reflect the realities of the labor market and employment practices in the construction industry today.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 41 CFR 60-1; 41 CFR 60-4 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: sec 201, 202, 205, 211, 301, 302, and 303 of EO 11246, as amended; 30 FR 12319; 32 FR 14303, as amended by EO 12086

Legal Deadline:  None

Timetable: Action Date FR Cite NPRM  04/00/2014

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Federalism: Undetermined
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related RINs: Previously reported as 1215-AB81
Agency Contact: Debra A. Carr  Director, Division of Policy, Planning, and Program Development  Department of Labor  Office of Federal Contract Compliance Programs  Room C3325, 200 Constitution Avenue NW.,  Washington, DC 20210  Phone:202 693-0103  TDD Phone:202 693-1337  Fax:202 693-1304  Email: ofccp-public@dol.gov

Repost: DC-area construction contractor to pay $875,000 to settle discrimination case with US Labor Department

News Release

OFCCP News Release: [10/30/2013]
Contact Name: Leni Fortson or Joanna Hawkins
Phone Number: (202) 861-5102 or x5101 
Email: uddyback-fortson.lenore@dol.gov or Hawkins.Joanna@dol.gov
Release Number: 13-1996-PHI

DC-area construction contractor to pay $875,000 to settle discrimination case with US Labor Department

Nearly 400 minority applicants to receive back wages as company reviews hiring practices

DULLES, Va. — The U.S. Department of Labor today announced that federal construction contractor M.C. Dean Inc. has settled allegations that it failed to provide equal employment opportunity to 381 African American, Hispanic and Asian American workers who applied for jobs at the company's Dulles headquarters. A review by the department's Office of Federal Contract Compliance Programs determined that the contractor used a set of selection procedures, including invalid tests, which unfairly kept qualified minority candidates from securing jobs as apprentices and electricians.

"Our nation was built on the principles of fair play and equal opportunity, and artificial barriers that keep workers from securing good jobs violate those principles," said OFCCP Director Patricia A. Shiu. "I am pleased that this settlement will provide remedies to the affected workers and that M.C. Dean has agreed to invest significant resources to improve its hiring practices so that this never happens again."

Under the terms of the agreement, M.C. Dean will pay $875,000 in back wages and interest to 272 African American, 98 Hispanic and 11 Asian American job applicants who were denied employment in 2010. The contractor will also extend 39 job offers to the class members as opportunities become available. Additionally, M.C. Dean has agreed to undertake extensive self-monitoring measures and personnel training to ensure that all of its employment practices fully comply with Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating in employment on the bases of race, color and national origin.

M.C. Dean is a construction, design-build and systems integration corporation with more than 30 offices worldwide. Since 2006, the company has held more than $600 million in contracts with federal agencies, including the U.S. Department of Defense.

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. These three laws require those who do business with the federal government, 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 more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp.  

Happy Women's Equality Day!

For those of you who are in downtown Boston today, you can celebrate Women's Equality Day right now with your fellow Bostonians:

Celebrate Women's Equality Day with Us!

Women’s Equality Day, August 26, celebrates the day women won the right to vote in 1920. We will gather at the Boston Women’s Memorial on Commonwealth Ave. Mall, between Fairfield and Gloucester Streets, from 12-1:30PM. Join City Councilor Ayanna Pressley, the first woman of color to be elected to the Boston City Council. We will have great music, voter registration, and girl scout snacks. Wear the suffrage colors of white, purple and yellow and join us. All are welcome.

Wherever you are, you can celebrate by reading this USDOL blog post about the importance of construction jobs for women and being thankful for the efforts in our community to achieve gender equality in the construction industry.

Repost: It’s been a good week for women seeking non-traditional jobs

On Monday, the U.S. Department of Labor announced that it settled a case with a federal contractor, L&M Construction, involving allegations of a hostile work environment including sexual harassment and retaliation against the workers who reported the hostile behavior. This case was filed after the Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor (USDOL) received complaints of sexual harassment from workers at L&M construction in Arlington, Virginia, including inappropriate touching, sexual gestures, comments and propositions experienced by a female employee in 2012. OFCCP conducted an investigation and discovered that the company fired nine employees for complaining about the hostile work environment created by the sexual harassment and fired five more workers to prevent them from being interviewed by OFCCP. All of the fired workers were Hispanic (7 men and 7 women). As a result of the settlement, L&M Construction will pay $112,573 in back wages to the terminated workers and will make job offers to them as positions become available. This settlement is not only critical in providing justice for the men and women who were victims of the hostile work environment, but also sends a message to federal contractors that sexual harassment and hostile work environments will not be permitted.

Today saw continued progress. With eighteen votes in favor and three opposed, the Senate Health Education, Labor and Pensions Committee passed S. 1356, legislation to reauthorize the Workforce Investment Act (WIA), out of the Committee. The bill included specific language that funding authorized by the Act for employment and training activities shall be used to develop strategies to increase women’s participation in high-wages, high-demand occupations in which women are currently underrepresented.

These two seemingly unrelated events represent significant strides for women seeking employment in jobs that are considered non-traditional for women, such as construction. Research conducted by Wider Opportunities for Women has found that significant gender-based occupational segregation contributes to economic insecurity for women across the lifespan. In other words, the top fifty jobs occupied by women pay significantly less than the top fifty jobs occupied by men, resulting in a substantial gap in wages every hour, every month and every year, earned by men and women. To successfully increase women’s earnings and increase their economic security, more women must have access to job training and counseling about nontraditional jobs, such as construction, which pay higher wages.

The bill reauthorizing WIA that was passed by the Senate HELP committee today contains language that will increase access to counseling and skills training for women seeking non-traditional jobs, such as construction. Construction careers in particular are high-paying and women hold less than 2 percent of construction jobs, according to Bureau of Labor Statistics data. However, orienting and recruiting women to these jobs is only part of the solution. Too often, once in those jobs, women experience barriers to successful careers, often in the form of several sexual harassment. Enforcement of our federal anti-discrimination laws by the USDOL, like the case that resulted in the settlement with L&M Construction on Monday, will protect women from illegal sexual harassment so that they are able to continue their careers free from hostile work environments. And, while there is still much work to be done, this is why this is s a good week for women seeking non-traditional jobs.

This entry was posted on July 31, 2013 by Robin Runge, Esq. Visit the WOW blog to view the original post.

Repost: OFCCP Director Shiu Addresses 2013 Annual Convention - The Summit For Workers' Rights

Office of Federal Contract Compliance Programs (OFCCP)

NATIONAL EMPLOYMENT LAWYERS ASSOCIATION

2013 ANNUAL CONVENTION: THE SUMMIT FOR WORKERS' RIGHTS

PREPARED REMARKS BY PATRICIA A. SHIU, DIRECTOR

U.S. Department Of Labor – Office of Federal Contract Compliance Programs

Thursday, June 27, 2013
Sheraton Downtown Hotel – Denver, Colorado

Good afternoon. And thank you, Teri, for that kind introduction.

It's good to be here. It’s good to be among friends.

I don't have to tell you that we’ve had a rough few days, full of some pretty big setbacks when it comes to defending workers' rights. But the way I see it, after a week like this one, those of us who toil in the pursuit of civil rights and civil liberties have two options:

Either we can curl up in the fetal position and hide under the covers;

Or, we can come to Denver, meet up with 500 like-minded colleagues and start plotting the next great chapter in the history of workers' rights.

I choose the second option. And I know you do, too!

Of course, the news isn't all bad. Yesterday, our nation took a huge step forward on the issue of marriage equality, a seemingly inevitable – but once inconceivable – outcome to cases that have been working their way up through the courts for years.

I join President Obama and my colleagues throughout the administration in applauding the Supreme Court's decision to strike down the Defense of Marriage Act on constitutional grounds. And, as a Californian, I look forward to a lifetime of attending gay and lesbian weddings.

The truth is that our civil society can feel... a bit "Dickensian" these days:

It is the best of times. It is the worst of times.
It is the age of wisdom. It is the age of foolishness.
It is the epoch of Ginsburg... yeah, let’s just leave it at that.

In other words, it's a mixed bag.

But you know what gives me hope right now? A Texas State Senator named Wendy Davis.

She gives me hope.

The daughter of a single mom from Fort Worth Texas, Senator Davis became pregnant at age 19 and a single mom, herself. Undeterred by her circumstances, she enrolled in a local college, transferred to a university and became the first college graduate in her family. She went on to Harvard Law School and, eventually, a career in public service.

Two days ago, 50-year-old Wendy Davis, stood on the floor of the Texas State Senate. She stood for almost 13 hours. She stood without water. She stood without a bathroom break. She stood and she stood and she talked and she talked...

She spoke about the responsibility of government to protect women’s health and our reproductive rights. And – with a little help from her friends – she managed to stand just long enough to help run out the clock on a special session of the Texas legislature. Through her filibuster, the gentlewoman from Fort Worth helped defeat one of the most restrictive anti-abortion bills in the state’s history.

I salute Senator Wendy Davis. I salute her heroism and her advocacy on behalf of countless Texas women.

And I stand with her. On principle.

But here's the thing about standing on principle: Like Senator Davis, you have to remain standing.

You have to stay vigilant.

The only way to safeguard the hard-won civil rights of the 20th century is to fight like hell for them in the 21st century.

That's what I’ve learned this week.

And, in case it helps, I was reminded by a colleague at the EEOC that we have lived through these kinds of setbacks before. And time and time again, we’ve been able to overcome them.

Just a few years ago, a trilogy of court rulings – including the Sutton case – narrowed rights for people with disabilities. Those cases, however, ended up giving birth to the ADA Amendments Act of 2008. It was passed by a Republican Congress and signed by a Republican president.

Ledbetter vs. Goodyear effectively closed the courtroom doors to many victims of pay discrimination. That was until the Lilly Ledbetter Fair Pay Act was passed by a Democratic Congress and signed by a Democratic president.

Remember that the work of forming a more perfect union is never finished. Two steps forward, three steps back, right?

I suppose it can sometimes feel that way.

But have you ever actually tried taking two steps forward and three steps back? I bet that if you keep doing it over and over again, your net trajectory will be forward.

You know why?

Because when we move backward, it is with hesitation and uncertainty. It doesn’t feel natural and our steps, therefore, will be smaller. But when we walk forward, we do so with confidence and surety. Out strides are bigger and we keep moving ahead.

That's how progress happens. Not in a moment, but in a movement.

My friends at NELA, you are a vital part of that movement. And I am incredibly honored to have counted myself among the leaders and advocates of this fine organization. So, thank you for inviting me to be a part of this gathering.

This year, the U.S. Department of Labor marks it centennial anniversary. And as we celebrate 100 years of making workplaces safer, fairer, more productive and more diverse, we are mindful that we do not do this work alone.

We are joined at the federal level by partners in sister agencies like the EEOC and the Civil Rights Division of the Department of Justice. Together, we are partnering and collaborating in new and unprecedented ways – sharing data, collaborating on cases, conducting joint trainings for our investigators, coordinating on litigation strategies, developing unified messages and establishing programs to educate workers on their rights.

President Obama called on us to come together in order to establish a unified civil rights agenda. And that is exactly what we are doing.

But the civil rights apparatus in the federal government is just one piece of a much larger tapestry, one that includes courageous workers, grassroots activists, social scientists, community leaders, elected officials and dedicated legal professionals like all of you.

The work you do is critically important to advancing civil rights. The cases you take on, the arguments you advance and the values you help to defend are inextricably linked to the enforcement actions of agencies like mine.

The Civil Rights Act, itself, contemplates a key role for private attorneys working in concert with government agencies like the EEOC, the Justice Department and the OFCCP. We are each critical legs of the same footstool.

Dr. King famously said that, "the arc of the moral universe is long but it bends towards justice."

There is a corollary to that. As President Obama likes to remind us, it "does not bend on its own. It bends because each of us, in our own way, put our hands on that arc. We bend it in the direction of justice."

That's the beauty of what you and I get to do every day. Long after a bill gets signed into law or the rallies in front of the courthouse dissipate, we are the ones charged with implementing the law, defending it and exercising its full potential.

I know this work is not easy. And often times we do it at great personal and professional costs. But we don’t do it seeking fame. And certainly not fortune. We make the sacrifices and do the hard work because we are stewards of America’s core values. We are the arc benders who make sure that every worker is afforded the full protections of the law.

I honor your courage. I honor your sacrifice. And we see countless examples of this work.

For every Susann Bashir fighting against religious persecution, thank God there is an Amy Coopman to stand with her.

When Leticia Zuniga Escamilla had to bear degrading sexual abuse at the hands of her supervisor she was all alone. But when she courageously fought back in court, she had Lisa Stratton by her side.

And when Sandra Knott had to battle cancer AND the California Department of Corrections, she had Jill Telfer battling right there with her.

This is what we do. These are the incredible workers for whom we fight. We bend the arc. We bend it for justice.

At the Office of Federal Contract Compliance Programs, we have been in the arc bending business for quite a while now.

Our agency is the product of the great titans – folks like A. Philip Randolph, Dr. King and Dr. Dorothy Height. The OFCCP was established by Executive Order 11246, signed by President Lyndon Johnson about a month after the Voting Rights Act became law.

The idea was pretty simple: civil rights and voting rights have to be paired with workers’ rights. Real equality means we can’t allow whole populations to languish without opportunities to find good jobs, to sustain themselves, to support their families and to join the American middle class.

In the early 1970s, OFCCP’s authorities were expanded by the Nixon administration through Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act.

To put it simply, our job is to protect workers, to promote diversity and to enforce these three laws which prohibit federal contractors and subcontractors from discriminating in their employment practices. In addition, we hold the businesses we regulate to the fair and reasonable requirement that they take affirmative action to improve employment opportunities for women, minorities, people with disabilities and protected veterans.

In the nearly four years since President Obama asked me to lead the OFCCP, I have been clear that taxpayer dollars must never be used to discriminate.

And if private companies are going to profit from public dollars, then those companies have an obligation to provide equal employment opportunity and strive to build workforces which reflect the diversity of the people who fund them.

I am privileged to work with nearly 800 talented men and women in OFCCP offices all across the country. They are on the front lines of our efforts to combat discrimination and uphold affirmative action.

Together, we protect the civil rights of the nearly one quarter of American workers who are employed by – or seek jobs with – companies that do business with the federal government. Those companies receive lucrative government contracts to do everything from constructing our office buildings and laying our IT infrastructure to supplying food on our military bases and providing legal services for federal agencies.

To read the remainder of Shiu's speech, visit http://www.dol.gov/ofccp.

Repost: Women are breaking through the 'concrete ceiling'

Great article by CNN Money about the increase in WBEs and tradeswomen, and how there's still much more room to grow female participation in the construction industry. Thank you to Mary Vogel of The Construction Institute for sharing!

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By Deena Shanker @FortuneMagazine May 22, 2013: 8:57 AM ET

NEW YORK (Fortune)

We've all heard about the glass ceiling, but it looks the concrete one might be harder to crack.

According to the National Women's Law Center, in 2010 women held a tiny percentage -- 2.6 -- of the U.S.'s 8.4 million construction jobs, the same percentage they held in 1983. The NWLC faults "barriers such as gender stereotypes, sexual harassment, a lack of awareness about opportunities in construction, and insufficient instruction."

But while women may not be gaining ground in trades like carpentry and plumbing, they are increasingly getting involved on the entrepreneurial side of the industry. The U.S. Census Bureau counted 152,871 women-owned construction firms in 1997. Ten years later, that number had jumped by 76% to 268,809. Women are steadily chiseling away at that concrete ceiling. Or, as Lenore Janis, president of the National Association of Professional Women in Construction, put it, "Our fingernails are broken from scratching at it."

For the past 15 years, the Initiative for a Competitive Inner City (ICIC) has compiled its Inner City 100 list, highlighting the fastest-growing urban small businesses in America. This year's list includes 28 women-owned businesses, a double in percentage since 1999, the list's inaugural year. While many of these businesses are taking advantage of the burgeoning "mommy market," several are breaking into industries heavily dominated by men, including construction.

In addition to the efforts of the women themselves, Janis sees the growth as a direct result of a 35-year-old goal set by the Office for Federal Contract Compliance Programs. Since 1978, federal contractors are required to employ women for 6.9% of the total construction work hours on any federal project. (For it's part, the NWLC says that considering the much higher rates of female participation in other typically male dominated fields like policing, butchering, and machine operation, 6.9% is still "not enough.")

Read the remainder of this article at money.cnn.com.

OFCCP Ends Rigid Pay Discrimination Investigation Procedures

Report from Legal Momentum's newsletter on new policy with OFCCP that will improve their ability to fight pay discrimination.
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OFCCP Ends Rigid Pay Discrimination Investigation Procedures
The Office of Federal Contract Compliance Programs (OFCCP) has announced the rescission of Bush-era policies that had been hindering the investigation of pay discrimination claims under Executive Order 11246.  At the same time, Director Patricia Shiu has issued new guidance on how to investigate such claims.  

Legal Momentum advocated for these changes, as the former policies were too rigid and required more than what is required under Title VII principles to establish proof of discrimination.  This rescission and new guidance restores much-needed flexibility for OFCCP investigators to effectively investigate and then rectify compensation discrimination when found.  Eradicating pay discrimination benefits women, their families, and the nation's economy.  For more information about the rescission and the new policy directive, please visit here.

Patricia Shiu of Office of Federal Contract Compliance Programs Speaks at Summit on Women in Construction

Office of Federal Contract Compliance Director Pat Shiu addressed the crowd at the New York Collaboration for Women in Construction's Working on Equal Terms: A Summit on Women in Construction on Monday, March 8, International Women's Day.
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Thank you and good afternoon.

We meet at a critical time in our history, when our economy is recovering from the greatest setback it has faced since the Great Depression. And as we continue on the path to recovery there is much good news to share. Very good news.

OFCCP Director Pat Shiu
opens the Working on 
Equal Terms Summit in 
New York, New York on 
March 18 - Photo by
Joan Roth

For three straight years now, our economy has added private sector jobs every month – that's a total of 6.35 million jobs. Unemployment has fallen to its lowest level since just before President Obama took office.

In the last two years, the construction sector has added 306,000 jobs – half of that increase happened in the past five months. And while there is much more we need to do, there is no denying that we are moving in the right direction.

So, when I say that the timing of this gathering is critical, it's because the valve is opening again. Jobs are beginning to flow at an ever-accelerating pace. And, if I may use just one more construction-related pun, it's time to strike while the iron is hot.

The question before us today is: what kind of recovery will this be? Will it be one that simply returns us to where we were before 2008? Will the sort of record-breaking numbers we are seeing on Wall Street right now actually have a positive impact on the lives of most Americans? Will we end up repeating the mistakes that got us into this mess in the first place?

Or, will the sobering experience of the Great Recession finally move us in a new direction, one which prioritizes greater opportunity for all our citizens, a true rising tide that expands and strengthens the middle class?

If the definition of insanity is doing the same thing over and over again and expecting a different result, are we, at long last, prepared to do things differently now?

That is the central question before us today. It's why this conversation is so important.

Read Patricia Shiu's full speech at www.dol.gov/ofccp or view pictures from this event.

Repost: OFCCP in 2013 Seeks to Facilitate Success for Workers, Employers, Agencies

On January 28, 2013, Bloomberg/BNA published its annual “OFCCP Outlook” in the Daily Labor Report. The article provides a fairly comprehensive look at OFCCP’s regulatory, enforcement, and outreach programs.

Of note

OFCCP Director Pat Shiu on federally funded construction hiring: “We continue across the country to see major disparities when it comes to representation of women, in particular, as well as racial minorities,” Shiu said. “We've got to do something about that because these are good-paying jobs also with benefits.”

“Additionally, DOL's regulatory agency stated that OFCCP plans to publish this coming October a proposed rule that would revise construction contractor affirmative action requirements under EO 11246 (41 C.F.R. part 60-4) that have not been updated since 1980.”

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Download this article.

Reproduced with permission from Daily Labor Report, 18 DLR S-6 (Jan. 28, 2013). Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

Selection of Noteworthy Items from Live Q&A Session with OFCCP on 7/12/2011

Selection of Noteworthy Items from Live Q&A Session with OFCCP

Online Discussion with OFCCP Director Pat Shui on Tuesday, July 12, 1 p.m. EDT

Full transcript found at: http://www.dol.gov/regulations/chat-ofccp-static-201107.htm

OFCCP's Agenda

1:00 Patricia A. Shiu: Good afternoon. My name is Patricia Shiu and I am the Director of the Office of Federal Contract Compliance Programs, also known as OFCCP. It is a pleasure for me to join you for the next hour and respond to your questions about our 2011 semi-annual regulatory agenda. At OFCCP, we are mandated to ensure that workers who are employed by or seek employment with federal contractors and subcontractors are not subjected to discrimination, including harassment, retaliation or termination because of sex, race, color, national origin, religion, disability or status as a protected veteran. Being a federal contractor is a privilege, not a right, and with that privilege comes a legal obligation to comply with affirmative action requirements and anti-discrimination laws.

Currently, we are engaged in several efforts to strengthen and update our regulations, bringing them in line with current law and adjusting to the realities of a modern labor force. Those efforts are articulated in the U.S. Department of Labor's 2011 Semi-Annual Regulatory Agenda, which was published last Thursday. This publication reflects Secretary of Labor Hilda Solis's vision of Good Jobs for Everyone in workplaces that are safe, fair, equitable and free of discrimination.

OFCCP's five entries in the DOL's new regulatory agenda seek to improve employment opportunities for veterans, for people with disabilities and for women and minorities in the construction trades. We are also moving forward with plans to develop a compensation data tool that will improve our ability to combat pay discrimination. Finally, we will be seeking public comment regarding our proposed revisions to guidelines on sex discrimination.

Your input, comments and feedback are critical to shaping these regulations. For the next hour, I will try to answer as many of your questions as possible. Please note, however, that formal comments for the record must be submitted in writing either by mail or at www.regulations.gov when a proposed rule is open for public comment.

Public comments on all NPRM can be found at regulations.gov.

What are the proposed revisions to guidelines on sex discrimination?

Partial answers:

1:21 Comment From Beth Scott: When do you expect to release the proposed revisions to the guidelines on sex discrimination?

1:21 Patricia A. Shiu, OFCCP Director: Beth, thanks for asking, the NPRM is scheduled to be published in February 2012.

…………………

1:24 Comment From Nita Beecher: Is OFCCP planning any substative changes to the sex discrimination guidelines beyond changes in the law such as the one mentioned by you Pat?

1:25 Patricia A. Shiu, OFCCP Director: Nita, at this time, our efforts to update the guidelines are focused on stating clearly the existing principles applicable to a contractor's obligation not to discriminate in their employment policies and practices because of sex, and to formally align contractors' obligations regarding sex discrimination.

…………………

1:35 Comment From Brian Rousseve: Right now the Sex Discrimination Guidelines at 41 CFR Part 60-20 are pretty general, and a section addressing compliance with those guidelines is no longer a required element of a Federal contractor's E.O. 11246 AAP for Women and Minorities. Is the plan to "beef up" the Sex Discrimination Guidelines so that they are more akin in their scope to 41 CFR Parts 60-300 & 60-741?

1:35 Comment From Brian Rousseve: Is the plan to "beef up" the Sex Discrimination Guidelines at 41 CFR Part 60-20 so that they are more akin to 41 CFR Parts 60-300 & 60-741?

1:35 Patricia A. Shiu, OFCCP Director: Brian, at this time, our efforts to update the guidelines are focused on stating clearly the existing principles applicable to a contractor's obligation not to discriminate in their employment policies and practices because of sex, and to formally align contractors' obligations regarding sex discrimination.

……………………….

What size contractors is OFCCP auditing?

1:22 Comment From BCG Institute: Is OFCCP actively auditing establishments with fewer than 50 employees onsite?

1:22 Patricia A. Shiu, OFCCP Director: Thanks for your question. The answer is, No, OFCCP is not actively auditing establishments with fewer than 50 employees. OFCCP will investigate complaints against contractors of any size.

When is OFCCP doing these things?

1:45 Comment From Fred: Will the proposed scheduling letter update follow OIRA protocol (http://www.reginfo.gov/public/jsp/Utilities/faq.jsp), which includes a second public comment period of 30 days before final approval? If so, will OFCCP seek an emergency extension for the current scheduling letter, which expires 9/30/2011?

1:45 Patricia A. Shiu, OFCCP Director: Fred, yes, we are following the OIRA protocol and will provide an opportunity for a second round of comments on the proposed updates to the scheduling letter. We do not anticipate that an emergency extension will be needed.

Interpretation: The notice for the second round of comments will likely come out 8/31/11 – which will give 30 days to respond before needing to extend the current scheduling letter.

…………………

1:27 Comment From Guest: When will the updated OFCCP Compliance Manual be released?

1:27 Patricia A. Shiu, OFCCP Director: Guest, the FCCM will be published sometime this fall.

OFCCP has an MOU with the Federal Highway Administration

1:29 Comment From William Kerney: What efforts is USDOL/OFCCP making to avoid duplication of efforts in reviewing highway construction contractors for compliance with EO/EEO?

1:29 Patricia A. Shiu, OFCCP Director: William, OFCCP has an MOU with the Federal Highway Administration. Our field offices coordinate with the FHWA on construction reviews in order to eliminate duplication of efforts.

How long does an audit typically take?

1:32 Comment From Molly Kurt: Once OFCCP receives a contractor's complete submissions in response to a scheduling letter, how long do you expect that OFCCP will take to close the audit, in the absence of any finding of discrimination in hiring or compensation? Thank you.

1:32 Patricia A. Shiu, OFCCP Director: Molly, thank you for the question. If there are no technical violations as well as no discrimination findings, an audit is generally expected to be completed within 90 days. Sometime when cases are more complex, it can take longer.

ARRA funds for conducting investigations ran out Sept, 2010

1:33 Comment From Ramsey Jones: When do you think ARRA funds will run out?

1:33 Patricia A. Shiu, OFCCP Director: Thank you for your question. ARRA funds for conducting compliance evaluation ended on September 30, 2010. OFCCP is currently completing its reviews of contactors that were scheduled prior to that date.

Active Case Enforcement vs. Active Case Management

1:34 Patricia A. Shiu, OFCCP Director: There are several major differences between Active Case Enforcement (ACE) and Active Case Management (ACM). Under ACE, OFCCP is using all of the compliance evaluation investigative methodologies specified in the regulations (i.e., compliance review, offsite review of records, compliance check and focused review), whereas under ACM, only the compliance review method was used. Under ACM, a full desk audit was only conducted where there were indicators of discrimination or in every 50th review. ACE procedures require a full desk audit in every compliance evaluation. Additionally, ACM procedures focused on identifying cases where there were 10 or more affected class members, whereas ACE does not have a minimum affected class member threshold.

Complaint-driven process:

1:39 Comment From Ariane Hegewisch: What efforts is the OFCCP making so that workers know that their employers are federal contractors, and where they may complain if they think their employer is discriminating? What is the balance between audit investigations and complaints initiated investigations?

1:39 Patricia A. Shiu, OFCCP Director: Thanks for your question, Ariane. In just the first half of the current fiscal year, OFCCP conducted nearly 1,000 outreach events, reaching almost 26,000 stakeholders, including workers, community-based organizations, civil rights groups, employers, human resources professionals, attorneys, consultants, labor unions, veterans' service organizations and more. We will continue to participate in these activities. Notices of meetings and events can be found on our website http://www.dol.gov/ofccp. Unfortunately, there is no comprehensive list of all federal contractors; however, when a complaint is received at either EEOC or OFCCP, our investigators will determine whether or not the employer is a federal contractor. One thing we do know is that investigations based on individual complaints are twice as likely to result in a finding of violation than those we conduct based on our neutral scheduling process. Finally, OFCCP is hoping that our worker outreach education efforts will, indeed, result in more individual complaints.

Will OFCCP consider Title VII violations?

1:45 Comment From Stephanie R. Thomas: You've referenced analysis methodologies consistent with Title VII principles in this webchat, and also in previous chats. What is the Agency's position on the use of non-statistical tools for analysis? Are there non-statistical tools that are consistent with Title VII principles?

1:45 Patricia A. Shiu, OFCCP Director: Thanks for your question. Yes there are non-statistical tools that are consistent with Title VII principles. OFCCP will also consider anecdotal evidence, evidence of individual instances of discrimination and any other evidence that is relevant to the question of whether there is unlawful discrimination.

Is OFCCP interested in increased dialoge with labor?

1:47 Comment From Sarah V.: Has any thought been given to developing deeper relationships with unions and their apprenticeship programs, to increase the possibility that union referral programs will consider an employer's obligations regarding affirmative action and good faith efforts in referring its members?

1:47 Patricia A. Shiu, OFCCP Director: Sarah, that's a great question. In just the first half of the current fiscal year, OFCCP conducted nearly 1,000 outreach events, reaching almost 26,000 stakeholders, including workers, community-based organizations, civil rights groups, employers, human resources professionals, attorneys, consultants, labor unions, veterans' service organizations and more. Given our proposed regulations on construction, we are spending a significant amount of time meeting with our colleagues in the union movement. In fact, I spoke at the building and construction trades conference in California on April 30, and the DOL hosted an apprenticeship fair on the National Mall here in D.C. last month. We are always looking for opportunities to strengthen our relationships with our brothers and sisters in the house of labor. If you have suggestions, please feel free to contact my special assistant at Mehta.parag@dol.gov. Thanks

Some Definitions

1:47 Comment From Guest: Can you explain to some of us what is the "Scheduling Letter"?

1:47 Patricia A. Shiu, OFCCP Director: Guest, the scheduling letter is a notification that a federal contractor has been selected for compliance evaluation.

1:48 Comment From Heather: What is the FCCM?

1:48 Patricia A. Shiu, OFCCP Director: Good question. The FCCM stands for the Federal Contractor Compliance Manual and serves as a "how to" guide for OFCCP's compliance officers. The Manual should reasonably ensure quality and consistency by creating uniformity in investigative procedures nationwide and providing transparency as to how we conduct compliance evaluations and complaint investigations.

1:57 Comment From Guest: What is a FAAP?

1:57 Patricia A. Shiu, OFCCP Director: A FAAP is a Functional Affirmative Action Program.

Are Federally assisted jobs covered?

1:50 Comment From Guest: I read the the regulations regarding VEVRAA and Section 503 to exclude employers working on federally assisted contracts, regardless of dollar value. Do you agree?

1:50 Patricia A. Shiu, OFCCP Director: Guest, you are correct. The regulations implementing VEVRAA and Section 503 do not apply to contractors that have only federally assisted contracts, and only Executive Order 11246 applies to federally assisted construction contracts.

How do they identify whether OFCCP has jurisdiction over a contractor?

1:51 Comment From Matt: If there is no comprehensive list of all federal contractors as you stated, what process or resources does OFCCP use to determine whether an employer to an individual complaint is a federal contractor?

1:51 Patricia A. Shiu, OFCCP Director: Thank you for your question. OFCCP uses several databases to determine whether an employer is a federal contractor. Examples include Central Contractor Registration (CCR), Federal Procurement Data System-New Generation (FPDS-NG), EEO-1 Surveys, and Dun & Bradstreet. CCR captures registration information of all federal contractors. FPDS-NG captures all transactions of federal contracts. We receive EEO-1 reports from the U.S. Equal Employment Opportunity Commission for all businesses that self-report as federal contractors. Finally, Dun & Bradstreet captures name, address, family tree, and DUNS numbers for all facilities and subsidiaries of a business.

…………………

1:58 Comment From Jolene: The OMB has a database of federal contractors (USAspending.gov). Does the OFCCP plan to collaborate with them to leverage and access the use of this database?

1:58 Patricia A. Shiu, OFCCP Director: Hey, Jolene. USAspending.gov gets its data from the Federal Procurement Data System-next generation database. OFCCP already uses the FPDS database to put together our scheduling list for compliance audits.

Results?

1:57 Comment From guest: Hi Pat, do you have any data on how you ofccp is doing relative to last year? More?

1:57 Patricia A. Shiu, OFCCP Director: Guest, in the first six months of Fiscal Year 2011, OFCCP has completed 44 financial conciliation agreements that include $5.66 million and 657 job offers for 8,090 victims. This compares favorably to the same period last year when we had completed 35 financial CAs totaling $2.77 million and 582 job-offers for 3,157 victims. This represents a 25 percent increase in CAs, more than double the financial remedies and, most importantly, an increase in job opportunities for workers who faced discrimination.

If underrepresented, what is required?

2:00 Comment From Sue: Does OFCCP require that more minorities be hired when there is under utilization or only that greater targeted recruitment efforts be made to attract the underutilized minority group?

2:00 Patricia A. Shiu, OFCCP Director: Sue, in the event of underutilization OFCCP requires contractors to undertake enhanced targeted recruitment efforts.

To be added to their mailing list for future web-chats

If you would like to be added to our mailing list, you may sign up for alerts on our web site at www.dol.gov/ofccp. You can also contact us directly through our hotline at (800) 397-6251 or by sending an e-mail to OFCCP-Public@dol.gov.