Last week, The Massachusetts Gaming Commission announced their plans to establish an Access and Opportunity Committee for "the primary function of monitoring diversity in the construction workforce and supplier base of the state's resort-casino licensees" (MGC Communications, 11 Dec. 2014). This motion was passed unanimously by The Commission on December 4. The Policy Group on Tradeswomen's Issues (PGTI) co-conveners Susan Moir and Elizabeth Skidmore expressed their excitement for the achievement, which was spurred in part by The Commission's collaboration with PGTI. "'After six years of hard work developing best practices for increasing the number of women in construction jobs, this is a great milestone, and we look forward to continuing to work with the Commission'" (MGC Communications, 11 Dec. 2014). With major construction planned for new casinos in Massachusetts, this motion means hundreds of jobs for tradeswomen.
To read the full news release, visit http://massgaming.com or download the PDF.
Showing posts with label compliance. Show all posts
Showing posts with label compliance. Show all posts
Monday, December 15, 2014
Wednesday, October 8, 2014
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
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.
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.
Tuesday, August 5, 2014
Repost: World Trade Center contractor charged in multimillion-dollar fraud
DCM Erectors Inc, a contractor of the World Trade Center project in New York City, has been charged with creating fake documentation to appear in compliance with MBE and WBE requirements for construction. A recent Reuters article written by Joseph Ax states:
"In one instance, [DCM Erectors CEO] Davis arranged for at least $2 million in compensation for Johnny Garcia, the owner of minority-owned Solera Construction, the government said.
Davis claimed a joint venture between Solera and DCM did about $70 million of work when, in fact, DCM did the work itself or hired a non-minority subcontractor, prosecutors said." (Ax, 31 July 2014)
The nearly $1 billion construction job, which includes the US's tallest tower at the site of the September 11th attacks, falls under the New York and New Jersey's Port Authority Regulations regarding the allocation of construction contracts to MBE and WBE companies.
Visit http://www.reuters.com/ to read the full Reuters article.
Visit http://www.reuters.com/ to read the full Reuters article.
Wednesday, May 14, 2014
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.
Thursday, April 3, 2014
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.
# # #
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).
Tuesday, March 4, 2014
Repost: Settlement Requires New Jersey Contractor, Plumbers’ Union to Recruit More Women
By Lorraine McCarthy
March 3 — A New Jersey mechanical contracting company agreed Feb. 24 to pay a total of $400,000 to settle allegations that it violated state law and regulations barring gender discrimination in employment by failing to employ female plumbers on jobs it handled, including many taxpayer-funded projects (In re Falasca Mech. Inc. and Plumbers & Pipefitters Local No. 332, N.J. Att'y Gen., No. EF14SB-61686, administrative consent order filed 2/24/14).
Under terms of the administrative consent order announced by the New Jersey Attorney General's office, Falasca Mechanical Inc. of Vineland, N.J., will make payments of $250,000 to the state and $150,000 to journeyman plumber Bette Feldeisen, a member of Plumbers and Pipefitters Local Union No. 322.
Under its ongoing labor agreement with Local 322, Falasca staffs its projects by requesting workers from the union.
The state alleged that Falasca repeatedly hired less experienced, less qualified male plumbers over Feldeisen and in general failed to make a good-faith effort to employ female plumbers while handling millions of dollars in public works jobs.
Local 322, which is a non-paying party to the same settlement, agreed to join with Falasca in a cooperative effort to increase female recruitment into the union and to increase training and employment opportunities for female plumbers during the next three apprenticeship cycles.
Preferential Hiring of Men Alleged
Feldeisen worked for Falasca on occasional jobs beginning in 2000 and continuously from December 2006 through January 2009, when she was laid off for economic reasons, according to the state's summary of the case.
When the company was hired for a 2009 hospital construction project that required work on medical gas systems, Feldeisen, who holds a certification in medical gas installation, was passed over by Falasca and the union in favor of male plumbers who had fewer years of experience and who weren't certified in medical gas installation, according to the state.
In administrative complaints filed against Falasca and the union in September 2010, Feldeisen alleged that she was passed over repeatedly when Falasca sought plumbers through Local 322 for private and public projects, despite her experience and prior employment relationship with the contractor.
Her complaints alleged gender discrimination in violation of the New Jersey Law Against Discrimination and the state's Equal Employment Opportunity (EEO) rules for public contractors.
The state's investigation showed that “for a period of at least four years, encompassing over 150 public contracts, Falasca has not been in compliance with the EEO rules when accepting and carrying out public contracts,’’ according to the consent order.
Hiring Goals, Recruitment Efforts Mandated
Under terms of its agreement with the state, Falasca makes no admission of wrongdoing or liability.
In addition to the monetary terms of the settlement, Falasca agreed to work with Local 322 to comply with state hiring goals for female workers.
The company also agreed to keep records for at least three years of its efforts to reach hiring goals for women for every public contract it is awarded, including records of all individuals requested or referred from a union and all those interviewed or hired.
Falasca also will develop its own anti-discrimination and EEO rules compliance policy, distribute it to all unions with which the company has a labor agreement, and provide mandatory training on the policy to all project managers, foremen, hiring personnel and the Local 322 business manager.
The settlement includes reporting and monitoring provisions to ensure compliance.
The Local 322 Joint Apprenticeship Training Committee (JATC) has committed to its own outreach and recruitment efforts to attract more women to the apprenticeship program.
The union agreed to undertake outreach to students in at least three vocational-technical high schools during the next five academic years to provide information about the plumbing industry as a career and to encourage first- and second-year female students to pursue careers in the trade.
Representatives of Falasca and Local 322 could not be reached for comment.
To contact the reporter on this story: Lorraine McCarthy in Philadelphia at lmccarthy@bna.com
To contact the editor responsible for this story: Susan J. McGolrick at smcgolrick@bna.com
March 3 — A New Jersey mechanical contracting company agreed Feb. 24 to pay a total of $400,000 to settle allegations that it violated state law and regulations barring gender discrimination in employment by failing to employ female plumbers on jobs it handled, including many taxpayer-funded projects (In re Falasca Mech. Inc. and Plumbers & Pipefitters Local No. 332, N.J. Att'y Gen., No. EF14SB-61686, administrative consent order filed 2/24/14).
Under terms of the administrative consent order announced by the New Jersey Attorney General's office, Falasca Mechanical Inc. of Vineland, N.J., will make payments of $250,000 to the state and $150,000 to journeyman plumber Bette Feldeisen, a member of Plumbers and Pipefitters Local Union No. 322.
Under its ongoing labor agreement with Local 322, Falasca staffs its projects by requesting workers from the union.
The state alleged that Falasca repeatedly hired less experienced, less qualified male plumbers over Feldeisen and in general failed to make a good-faith effort to employ female plumbers while handling millions of dollars in public works jobs.
Local 322, which is a non-paying party to the same settlement, agreed to join with Falasca in a cooperative effort to increase female recruitment into the union and to increase training and employment opportunities for female plumbers during the next three apprenticeship cycles.
Preferential Hiring of Men Alleged
Feldeisen worked for Falasca on occasional jobs beginning in 2000 and continuously from December 2006 through January 2009, when she was laid off for economic reasons, according to the state's summary of the case.
When the company was hired for a 2009 hospital construction project that required work on medical gas systems, Feldeisen, who holds a certification in medical gas installation, was passed over by Falasca and the union in favor of male plumbers who had fewer years of experience and who weren't certified in medical gas installation, according to the state.
In administrative complaints filed against Falasca and the union in September 2010, Feldeisen alleged that she was passed over repeatedly when Falasca sought plumbers through Local 322 for private and public projects, despite her experience and prior employment relationship with the contractor.
Her complaints alleged gender discrimination in violation of the New Jersey Law Against Discrimination and the state's Equal Employment Opportunity (EEO) rules for public contractors.
The state's investigation showed that “for a period of at least four years, encompassing over 150 public contracts, Falasca has not been in compliance with the EEO rules when accepting and carrying out public contracts,’’ according to the consent order.
Hiring Goals, Recruitment Efforts Mandated
Under terms of its agreement with the state, Falasca makes no admission of wrongdoing or liability.
In addition to the monetary terms of the settlement, Falasca agreed to work with Local 322 to comply with state hiring goals for female workers.
The company also agreed to keep records for at least three years of its efforts to reach hiring goals for women for every public contract it is awarded, including records of all individuals requested or referred from a union and all those interviewed or hired.
Falasca also will develop its own anti-discrimination and EEO rules compliance policy, distribute it to all unions with which the company has a labor agreement, and provide mandatory training on the policy to all project managers, foremen, hiring personnel and the Local 322 business manager.
The settlement includes reporting and monitoring provisions to ensure compliance.
The Local 322 Joint Apprenticeship Training Committee (JATC) has committed to its own outreach and recruitment efforts to attract more women to the apprenticeship program.
The union agreed to undertake outreach to students in at least three vocational-technical high schools during the next five academic years to provide information about the plumbing industry as a career and to encourage first- and second-year female students to pursue careers in the trade.
Representatives of Falasca and Local 322 could not be reached for comment.
To contact the reporter on this story: Lorraine McCarthy in Philadelphia at lmccarthy@bna.com
To contact the editor responsible for this story: Susan J. McGolrick at smcgolrick@bna.com
Saturday, January 11, 2014
Repost: Illinois program recruits more women, minorities for construction work
By Judy Masterson
jmasterson@stmedianetwork.com
January 11, 2014
Wesley Simpson of Waukegan is serious about getting a good job, which is why he recently underwent a rugged 11-week training program for road construction.
“Getting this opportunity means a lot,” said Simpson, 33, who last earned $10 an hour as a forklift driver, a job in Aurora, more than 60 miles from home.
Road construction, though seasonal, pays well and offers good benefits. Simpson could earn between $15 and $20 an hour to start. If he lands an apprenticeship, his hourly wage would climb to $37.
“I need the money,” Simpson said. “I have a 6-year-old son to support.”
Simpson graduated in December from T.C.A.R.T., the Transportation Construction Apprenticeship Readiness Training, Referral and Intermodal Placement Program. It’s a long name for a clear-cut goal: recruiting minorities and women for government-funded road construction.
“The bottom line is right now in the state of Illinois approximately 92 percent of highway construction workers are white males,” said Rev. Arthur Gass, president of the Black Chamber of Commerce of Lake County. “Those numbers have to change if we’re going to be in compliance with state and federal mandates.”
The Black Chamber is one of four community-based organizations − the other three are in Chicago − that are working in partnership with the Illinois Department of Transportation to recruit and train people for the program, which consists of three-weeks of classes in construction math and comportment and eight weeks of hands-on-construction training in south suburban Wilmington.
Just 125 T.C.A.R.T. spots are available for residents of Lake and McHenry counties; 532 applications were accepted.
Trainees are 85 percent African American, 12 percent Hispanic and 3 percent white, according to Gass, who said federal contracts require 16.9 percent minority and 6.9 percent female participation.
“The workforce ought to reflect the diversity of the community,” Gass said. “Highway construction jobs are supported by the motor fuel tax, 14 percent of which is paid by African Americans and yet we pick up less than 2 percent of those jobs. That’s pretty lopsided.”
Petite Coleman, 30, of Beach Park, last earned $12.31 an hour as a certified computer tech at a warehouse store in Vernon Hills. Her talent and liking for hands-on work came through during the technical training portion of T.C.A.R.T.
“Pouring and laying concrete was my favorite,” Coleman said. “The instructor had me doing multiple things and, by doing so many things, I was involved in the process from beginning to end.”
In road construction, Coleman said, she can work the same amount of hours but double her income. She wants to join a union. Her goal is to become a welding inspector, a job that requires a thorough knowledge of many trades.
“I’m a hard worker,” Coleman said. “I believe that you go to work to do your job. I don’t mind working long hours. I just want to be compensated.”
The Black Chamber will also work to help trainees find jobs for the springtime road construction season.
“We will reach out to any and all contractors, be they union or non-union, and make them aware that our people have the training, that they have the skill sets required and that they will make exemplary employees,” Gass said.
T.C.A.R.T. in Lake County has a 97 percent success rate so far, Gass said. The program has a zero tolerance policy for tardiness or absence. Trainees also have to figure out transportation to Wilmington, 95 miles south of Waukegan. Some have formed car pools. Some commute to Chicago to catch a bus from the Urban League office there.
“These are people determined to work and acquire the skills they need,” Gass said.
T.C.A.R.T., Gass said, “eliminates the excuse that contractors often use: that they can’t find qualified people.”
“They now have a pool of highly qualified people who have proven themselves,” Gass said.
For more information on the highway construction training program T.C.A.R.T., call the Black Chamber of Commerce of Lake County at (847) 599-9510 or the Chicago Urban League at (773) 285-5800.
Visit http://newssun.suntimes.com/ to view the original article.
Wesley Simpson of Waukegan is serious about getting a good job, which is why he recently underwent a rugged 11-week training program for road construction.
“Getting this opportunity means a lot,” said Simpson, 33, who last earned $10 an hour as a forklift driver, a job in Aurora, more than 60 miles from home.
Road construction, though seasonal, pays well and offers good benefits. Simpson could earn between $15 and $20 an hour to start. If he lands an apprenticeship, his hourly wage would climb to $37.
“I need the money,” Simpson said. “I have a 6-year-old son to support.”
Simpson graduated in December from T.C.A.R.T., the Transportation Construction Apprenticeship Readiness Training, Referral and Intermodal Placement Program. It’s a long name for a clear-cut goal: recruiting minorities and women for government-funded road construction.
“The bottom line is right now in the state of Illinois approximately 92 percent of highway construction workers are white males,” said Rev. Arthur Gass, president of the Black Chamber of Commerce of Lake County. “Those numbers have to change if we’re going to be in compliance with state and federal mandates.”
The Black Chamber is one of four community-based organizations − the other three are in Chicago − that are working in partnership with the Illinois Department of Transportation to recruit and train people for the program, which consists of three-weeks of classes in construction math and comportment and eight weeks of hands-on-construction training in south suburban Wilmington.
Just 125 T.C.A.R.T. spots are available for residents of Lake and McHenry counties; 532 applications were accepted.
Trainees are 85 percent African American, 12 percent Hispanic and 3 percent white, according to Gass, who said federal contracts require 16.9 percent minority and 6.9 percent female participation.
“The workforce ought to reflect the diversity of the community,” Gass said. “Highway construction jobs are supported by the motor fuel tax, 14 percent of which is paid by African Americans and yet we pick up less than 2 percent of those jobs. That’s pretty lopsided.”
Petite Coleman, 30, of Beach Park, last earned $12.31 an hour as a certified computer tech at a warehouse store in Vernon Hills. Her talent and liking for hands-on work came through during the technical training portion of T.C.A.R.T.
“Pouring and laying concrete was my favorite,” Coleman said. “The instructor had me doing multiple things and, by doing so many things, I was involved in the process from beginning to end.”
In road construction, Coleman said, she can work the same amount of hours but double her income. She wants to join a union. Her goal is to become a welding inspector, a job that requires a thorough knowledge of many trades.
“I’m a hard worker,” Coleman said. “I believe that you go to work to do your job. I don’t mind working long hours. I just want to be compensated.”
The Black Chamber will also work to help trainees find jobs for the springtime road construction season.
“We will reach out to any and all contractors, be they union or non-union, and make them aware that our people have the training, that they have the skill sets required and that they will make exemplary employees,” Gass said.
T.C.A.R.T. in Lake County has a 97 percent success rate so far, Gass said. The program has a zero tolerance policy for tardiness or absence. Trainees also have to figure out transportation to Wilmington, 95 miles south of Waukegan. Some have formed car pools. Some commute to Chicago to catch a bus from the Urban League office there.
“These are people determined to work and acquire the skills they need,” Gass said.
T.C.A.R.T., Gass said, “eliminates the excuse that contractors often use: that they can’t find qualified people.”
“They now have a pool of highly qualified people who have proven themselves,” Gass said.
For more information on the highway construction training program T.C.A.R.T., call the Black Chamber of Commerce of Lake County at (847) 599-9510 or the Chicago Urban League at (773) 285-5800.
Visit http://newssun.suntimes.com/ to view the original article.
Tuesday, October 22, 2013
Career Opportunity: Boston Resident Jobs Program (BRJP) Monitor position available
Job Title: Sr. Research Analyst (Boston Residents Jobs Program)
Job ID: 346702
Location: ASD-Boston Residents Jobs Policy
Full/Part Time: Full-Time
Regular/Temporary: Regular
BRIEF JOB DESCRIPTION (essential functions of the job):
Under the supervision of the Manager of Boston Residents Jobs Program (BRJP), monitors public and privately funded construction projects to ensure contractor compliance with relevant City of Boston policies and Federal and State regulations.
- Conducts kick-off meetings and pre-construction conferences with developers, general contractors and project managers.
- Conducts on-site monitoring of the participation of minority, women and Boston residents.
- Verifies reported employment data and wage data.
- Conducts quarterly review meetings to review contractors' performance goals, and review cases of non-compliance, and statements of recommended corrective actions.
- Prepares reports and make presentations before the Boston Employment Commission (BEC).
- Performs related work as required.
MINIMUM ENTRANCE REQUIREMENTS:
Must have four (4) years of fulltime, or equivalent part-time, experience in research work including project monitoring and statistics. A bachelor's degree may be substitute for two (2) years of the required experience. Must have computer knowledge of Microsoft software; knowledge of City utilized software and hardware preferred. Excellent written and oral communication skills and willingness to travel to sites throughout the City of Boston on public transportation; writing sample; knowledge of the construction trades and related legislation; ability to exercise good judgment and focus on detail as required by the job.
Boston Residency Required
Terms: Union/Salary Plan/Grade: SEIU/RL-18
Hours per week: 35
Please refer to the Salary Information section on the Boston Career Center site for more information on compensation. For each Salary Plan, salaries are listed by Grade and Step.
Visit the City Job Postings webpage for more information.
Thursday, October 17, 2013
Repost: Sports Authority Announces Partnership to Ensure Minorities and Women Workforce Equity
The Minnesota Sports Facilities Authority commits $700,000 to meeting workforce hiring goals on new Vikings stadium, hires local community/labor coalition to provide outreach and training.
-----------------------------------------------------------------
The Minnesota Sports Facilities Authority (MSFA) announced Thursday that it has chosen Summit Academy OIC and its community partners to serve as the Employment Assistance Firm (EAF) for the construction of the Minnesota Vikings stadium. The group will identify qualified workers, provide training and placement, and offer quality assurance to ensure the project employs a highly-skilled diverse workforce. “We are committed to having the people of Minnesota build the ‘People’s Stadium’,” said Louis King, president of Summit Academy OIC. “This is truly a unique collaborative effort that brings together a strong team of 17 community partners to recruit, hire and train minorities, women and veterans. We applaud MSFA for supporting this process.”
The MSFA has committed to meet the state-mandated goals of employing 32 percent minorities and six percent women on the construction of the Vikings stadium. The organization also has taken the unprecedented step of investing $700,000 to develop the workforce.
“The MSFA is proud to contract with the Employment Assistance Firm “EAF” – Summit Academy OIC,” said MSFA Equity Director Alex Tittle. “We are excited that the collaboration of groups will serve as a resource that will assist us in delivering a workforce that reflects the Twin Cities demographics. We are also proud to announce that MA Mortenson/Thor, Summit Academy and MSFA are working diligently to connect the workforce needs with the project.”
Summit Academy OIC will lead a coalition of local organizations in education, construction training and organized labor that will assist with recruitment and outreach, provide construction-related training and facilitate job placement. In addition, a comprehensive database will be developed to capture existing and new minority, female and veteran workers, and make their data available to employers working on the project.
“MCTC and Saint Paul College are pleased to be the lead higher education partners for this project,” said Mike Christenson, Associate Vice President of Workforce Development at Minneapolis Community and Technical College. “This is an unprecedented agreement that will create clear construction pathways for students of color.” Demographic estimates show that by 2040, people of color will represent nearly 45 percent of the Twin Cities’ population. In addition to providing a diverse workforce for the Vikings stadium, this effort has the potential to meet the workforce needs for future construction projects in Minnesota while also enabling individuals from disadvantaged communities to become self-sufficient. “We are pleased that the MSFA is supporting our efforts to ensure that the people working on the new stadium reflect the diverse population of the city,” said Al Flowers, community organizer. “This is an exciting time for Minneapolis and we look forward to working together on this historic project.”
To read the remainder of this article, visit http://www.blackvoicenews.com/.
The MSFA has committed to meet the state-mandated goals of employing 32 percent minorities and six percent women on the construction of the Vikings stadium. The organization also has taken the unprecedented step of investing $700,000 to develop the workforce.
“The MSFA is proud to contract with the Employment Assistance Firm “EAF” – Summit Academy OIC,” said MSFA Equity Director Alex Tittle. “We are excited that the collaboration of groups will serve as a resource that will assist us in delivering a workforce that reflects the Twin Cities demographics. We are also proud to announce that MA Mortenson/Thor, Summit Academy and MSFA are working diligently to connect the workforce needs with the project.”
Summit Academy OIC will lead a coalition of local organizations in education, construction training and organized labor that will assist with recruitment and outreach, provide construction-related training and facilitate job placement. In addition, a comprehensive database will be developed to capture existing and new minority, female and veteran workers, and make their data available to employers working on the project.
“MCTC and Saint Paul College are pleased to be the lead higher education partners for this project,” said Mike Christenson, Associate Vice President of Workforce Development at Minneapolis Community and Technical College. “This is an unprecedented agreement that will create clear construction pathways for students of color.” Demographic estimates show that by 2040, people of color will represent nearly 45 percent of the Twin Cities’ population. In addition to providing a diverse workforce for the Vikings stadium, this effort has the potential to meet the workforce needs for future construction projects in Minnesota while also enabling individuals from disadvantaged communities to become self-sufficient. “We are pleased that the MSFA is supporting our efforts to ensure that the people working on the new stadium reflect the diverse population of the city,” said Al Flowers, community organizer. “This is an exciting time for Minneapolis and we look forward to working together on this historic project.”
To read the remainder of this article, visit http://www.blackvoicenews.com/.
Friday, July 26, 2013
Map of Boston Resident Jobs Policy Monitored Projects
Check out this map of current Boston Redevelopment Authority (BRA) jobs covered by the Boston Residents Jobs Policy (BRJP). Thank you to the Boston Workers Alliance for creating it!
http://boston.maps.arcgis.com/apps/HeaderFooter/main/index.html?appid=8b6cf7d594c641b9ac065c87e0bbccdc
http://boston.maps.arcgis.com/apps/HeaderFooter/main/index.html?appid=8b6cf7d594c641b9ac065c87e0bbccdc
Friday, July 12, 2013
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.
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.
Tuesday, April 2, 2013
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.
--------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------
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.
Tuesday, March 26, 2013
Visit PGTI at UMass Boston Symposium on April 10th
The Policy Group on Tradeswomen's Issues (PGTI) is presenting its research on diversity in the construction industry at UMass Boston's Community-Engaged Partnerships Symposium on Wednesday, April 10th. Contact Susan Moir for more information or if you would like to attend the Symposium.
(Click to view or download.)
(Click to view or download.)
Thursday, February 28, 2013
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.”
-----------------------------------------------------------------------------------------
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>
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>
Thursday, June 7, 2012
America's Labor Leaders to Release Major Study on The Associated Builders and Contractors
WHAT: The Building and Construction Trades Department (BCTD), joined by the AFL-CIO and LIUNA, will release the findings of a first-ever state-by-state comparative analysis of the Associated Builders and Contractors trade association, better known as ABC, and its affiliate organizations. The findings expose ABC's data manipulation and an aggressive disinformation campaign designed to confuse elected officials, the public and the press into supporting policies that produce fewer jobs, lower wages, and minimal workforce training, which have had a detrimental effect on workers, their communities and the US construction industry as a whole.
The report, written by Dr. Thomas J. Kriger, analyzes ABC from a number of different perspectives, including its origins, its membership and density among contractors in the American construction industry, its finances, its formal apprenticeship and craft training programs (along with its affiliate, the National Center for Construction Education and Research, NCCER), and ABC's more recent electronic, ideological issues advocacy.
The findings of the report, "Driving the Low Road in the Construction Industry: An Analysis of Associated Builders and Contractors (ABC)," will be released at a teleprint conference call.
The report, written by Dr. Thomas J. Kriger, analyzes ABC from a number of different perspectives, including its origins, its membership and density among contractors in the American construction industry, its finances, its formal apprenticeship and craft training programs (along with its affiliate, the National Center for Construction Education and Research, NCCER), and ABC's more recent electronic, ideological issues advocacy.
The findings of the report, "Driving the Low Road in the Construction Industry: An Analysis of Associated Builders and Contractors (ABC)," will be released at a teleprint conference call.
Friday, November 11, 2011
UMass Boston Workforce Outcomes posted- you won't believe the outcomes!
Quick read: The Access and Opportunity goals and outcomes for the multi-million dollar UMass Boston project have been posted!
Have you seen the new website for UMass Boston projects (www.mass.gov/dcam/umb)?
The new site is to encourage community outreach and access for UMass Boston, and that includes providing information and reports about progress towards diversity goals. There is information for current and prospective employees, contractors, and other members of the community.
The Access and Opportunity goals and outcomes for the $700+ million UMass Boston project have been posted! Check them out, then let your voice be heard by coming to an Access and Opportunities Committee meeting or contacting a committee member.
Note: You can view the UMass Boston PLA here.
Have you seen the new website for UMass Boston projects (www.mass.gov/dcam/umb)?
The new site is to encourage community outreach and access for UMass Boston, and that includes providing information and reports about progress towards diversity goals. There is information for current and prospective employees, contractors, and other members of the community.
The Access and Opportunity goals and outcomes for the $700+ million UMass Boston project have been posted! Check them out, then let your voice be heard by coming to an Access and Opportunities Committee meeting or contacting a committee member.
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| Sneak peek of the latest report |
Note: You can view the UMass Boston PLA here.
Friday, August 19, 2011
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.
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.
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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.
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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.
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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.
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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.
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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.
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