On July 26, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced a $10.5 million settlement with Bass Pro Outdoor World, LLC for an alleged hiring discrimination and retaliation lawsuit filed by the agency almost six years ago, on September 21, 2011.
In May 2017, Office of Federal Contract Compliance Programs (OFCCP) entered into a conciliation agreement with Guntersville, AL protective clothing supplier Kappler, Inc., to settle allegations of steering within its hiring process. The agreement alleges that between December 2012 and December 2014, Kappler, Inc. failed to consider female applicants for Cutter and Floor Worker positions, while placing only female applicants in Sewer positions.
On January 31, 2017, the White House shared that President Trump will not override the Executive Order (EO) signed during the Obama administration providing workplace protections for LGBT employees working on federal contracts. EO 13672, signed by President Obama in 2014, extended existing EO 11246 protections for federal contract employees to also prohibit employment discrimination based on sexual orientation and gender identity. When the order was signed by President Obama, it applied to 28 million workers, or about a fifth of America’s workforce. OFCCP subsequently issued regulations to implement EO 13672, which can be found at https://www.dol.gov/ofccp/LGBT.html. In announcing that the new administration would not rescind these protections, the White House stated President Trump “is determined to protect the rights of all Americans, including the LGBTQ community.”
It is time to wrap up 2016 and put a bow around it. This has been an eventful year for many reasons—one of which was the impact of increased pressure on federal contractors and sub-contractors from OFCCP. Many of you have Affirmative Action Programs (AAP) that are effective January 1, 2017. As you wrap up 2016 here are some issues to keep in mind:
The end of the year is quickly approaching and before you know it the time will come to start gathering data for 2017 Affirmative Action Plans (AAPs). Here are a few data tips to make your transition into 2017 go smoothly.
The White House recently rolled out a new online tool (www.worker.gov) that allows employees to file various types of complaints against their employer. This site also was designed to inform individuals of their employment rights. According to the White House, the website was created to assist individuals “who have had wages stolen, have been injured on the job, faced discrimination, or were retaliated against for seeking better wages or work condition,” file complaints against their employers.
In keeping with the evolving population of the United States, the White House recently put forth a proposal to include a new race on the 2020 Census form. This new race would be Middle East and North African (MENA). This subgroup has been reported as part of the ‘White’ race since its designation in 1944. This was initially considered positive for this subgroup, as they were eligible for citizenship under laws in effect at that time. Now, many members of the community feel as though they do not fit in with White, Black, or Asian designations and support the new designation.
On November 4, 2016, the Western District of Pennsylvania issued a landmark ruling that a gay person can bring a sex discrimination claim under Title VII of the Civil Rights Act of 1964 (Title VII) for discrimination due to one’s sexual orientation. The case, EEOC v. Scott Medical Health Center, is one of the first two such lawsuits filed by the Equal Employment Opportunity Commission (EEOC) after it announced in 2015 that it believed Title VII’s prohibition against sex discrimination included claims based on one’s sexual orientation.