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EEOC TRENDS AND EMERGING ISSUES

EEOC TRENDS AND EMERGING ISSUES. Los Angeles County Human Relations Commission’s Corporate Advisory Committee and the Los Angeles Diversity Workgroup January 24, 2008. EEOC REORGANIZATION. 23 TO 15 DISTRICT OFFICES

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EEOC TRENDS AND EMERGING ISSUES

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  1. EEOC TRENDS AND EMERGING ISSUES Los Angeles County Human Relations Commission’s Corporate Advisory Committee and the Los Angeles Diversity Workgroup January 24, 2008

  2. EEOC REORGANIZATION • 23 TO 15 DISTRICT OFFICES • Los Angeles District Office expanded to cover Southern California, Central California, Nevada, Hawaii, Wake Islands, Guam, and the Northern Mariana Islands.

  3. NATIONAL INITIATIVESAT THE EEOC • SYSTEMIC INITIATIVE • YOUTH AT WORK INITIATIVE • E-RACE INITIATIVE

  4. EEOC SYSTEMIC INITIATIVE • Adopted in April 2006 • Led by Commissioner and now Vice Chair Leslie Silverman • Comprehensive study by task force • Ensures every district within the EEOC vigorously pursue systemic cases

  5. DEFINITION • A systemic case is a pattern or practice, policy, and/or class case where the alleged discrimination has a broad impact on an industry, profession, company, or geographic area

  6. WHAT IS THE IMPACT? • Focuses resources on cases having broader impact • Plans developed by districts to address geographic and local needs • Focuses on different industries, occupations, types of discrimination • Plans are confidential, protected by deliberative process and are important enforcement tools

  7. CAN ARISE OUT OF INDIVIDUAL CHARGES • EEOC v. Lawry’s Restaurant • EEOC v. Palm Restaurant • EEOC v. Robertson’s Redi Mix • EEOC v. Abercrombie & Fitch • EEOC v. State of Nevada

  8. E-RACE INITIATIVE • Acknowledgment that race and color discrimination still remains a prevalent problem • Raises consciousness about the issues • EEOC continuing to see barriers based upon race and color • Raises awareness through this initiative

  9. NO LONGER A BLACK-WHITE PARADIGM • LOS ANGELES FIRST TO BRING HISPANIC PREFERENCE CASE • EEOC v. Farmer John • Over 630 hires in 2 year period • All Hispanic hires • Turned away 7 qualified Black applicants • Word of mouth hiring • Lack of objective hiring procedures • $110,000 plus four year consent decree

  10. YOUTH AT WORK INITIATIVE • Launched September 21, 2004 to promote equal employment opportunity for the nation’s next generation of workers • Focuses on education and workplace rights and responsibilities • Helps employers create positive first work experiences for young adults • Training by young adults for young adults at schools

  11. STATISTICS ON THE YOUTH • Between 33 - 40 % of teens, ages 16-19, have worked during the school year • The U.S. Department of Labor’s 2000 Report on the Youth Labor Force estimates that 4 million young workers between the ages 15-17 work during the summer, and almost 3 million teens work during or after school

  12. THREE GOALS: • Empowering youth to understand their workplace rights and responsibilities; • Partnering with employers to promote fair and inclusive workplaces; and • Building alliances with parents and educators.

  13. FOOD INDUSTRY REMAINS A PROBLEM • EEOC v. Quiznos: $200,000 • EEOC v. Pizza Hut: $360,000 with Consent Decree • EEOC v. Valentino: $600,000 with three year Consent Decree • EEOC v. Scolari Food and Drug • EEOC v. Specialty Restaurants

  14. CHARGE FILINGS IN 2007 • EEOC: LA COUNTY • TITLE VII 77 % • ADEA 31% • ADA 17% • DFEH: • FEHA 56.6% • AGE 18.2% • DISABILITY 25.7%

  15. BREAKDOWN OF TITLE VII CHARGES FOR 2007 • RACE 41.2% • RETALIATION 33.6% • SEX 27% • NATIONAL ORIGIN 21% • RELIGION 6% • OTHER 4%

  16. INCREASE IN ADEA CHARGES

  17. ADA TRENDS

  18. RACE CHARGES ABOVE THE NATIONAL AVERAGE IN LOS ANGELES COUNTY

  19. EEOC’S SEX CHARGES REMAIN STEADY WHILE DFEH SEES DRAMATIC DECREASE

  20. NATIONAL ORIGIN CHARGES IN LOS ANGELES COUNTY ALMOST DOUBLE THAT OF THE NATIONAL AVERAGE

  21. RETALIATION CHARGES FOR LOS ANGELES COUNTY INCREASED IN 2007

  22. RACIAL EPITHETS NOT HANDLED PROPERLY • EEOC V. EARL SCHEIB AUTO BODY • $375,000 and consent decree • called the “n’ word and “boy” • EEOC v. HOMESTORE • Supervisor admitted to using “n” word • Distinguished as “n...a” and not “n…er”

  23. BARRIERS TO WOMEN STILL REMAIN A PROBLEM IN CERTAIN INDUSTRIES • HIGH END RESTAURANTS • EEOC v. Parker Palm • EEOC v. Palm Restaurant • TRUCKING • EEOC v. Robertson's Redi Mix • LABORERS • EEOC v. Recon

  24. BARRIERS STILL EXIST FOR PREGNANT WOMEN • EEOC v. NORTHRIDGE HOSPITAL MEDICAL CENTER • WOMEN WORKING IN LABORATORY BARRED FROM WORKING DUE TO PREGNANCY • FEDERAL DISTRICT COURT RULED HOSPITAL HAD FACIALLY DISCRIMINATORY POLICY AGAINST PREGNANCY WOMEN

  25. RETALIATION • POST BURLINGTON NORTHERN • Look for monitoring by employers • Protect integrity of investigation • Protect right of individual to file charges, participate, or oppose discrimination • EEOC v. Mandalay Bay $310,000 plus Consent Decree • EEOC v. American Premiere Homes $75,000 plus Consent Decree

  26. OPPORTUNITIES STILL CLOSED TO THE DISABLED • EEOC v. LUTHERAN SOCIAL SERVICES • Amputee terminated • $80,800 and Consent Decree • EEOC v. PROCEL • Hearing impaired individual, company would not hire the disabled • $130,000 • EEOC v. SPECALTY BRANDS • Claimant perceived as having heart condition • $75,000 with a three year Consent Decree • EEOC v. UNION TRIBUNE • Deaf employee denied opportunity to promote • $68k plus opportunity to promote

  27. ANTI-IMMIGRANT SENTIMENT MANIFEST INNATIONAL ORIGIN CASES • EEOC v. WESTERN CASEWORKER • Latino workers • Hit with 2x4 • Shot with nail gun • Called “wetback” and “beaner” • Consent Decree for $600,000 • EEOC v. U-HAUL • Workers called “wetback” “beaner” • EEOC v. BRAKE DEPOT • “Wetback” and “beaner” English Only Policy • EEOC v. ROYAL WOOD • English Only Policy applied only to Hispanic employees

  28. EEOC’S POSITIONON IMMIGRANT STATUS • It is as illegal for employers to discriminate against undocumented workers as it is to discriminate against individuals authorized to work. • When enforcing these laws, EEOC will not, on its own initiative, inquire into a worker's immigration status. Nor will EEOC consider an individual's immigration status when examining the underlying merits of a charge.

  29. EEOC’S NATIONAL POSITION • The Commission rescinded its November 26, 1999 guidance on “Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws“ in light of the Hoffman decision. • However, enforcing the law to protect vulnerable workers, particularly low income and immigrant workers, remains a priority for EEOC. • The Supreme Court's decision in Hoffman in no way calls into question the settled principle that undocumented workers are covered by the federal employment discrimination statutes.

  30. SEXUAL ASSAULTS ARE ON THE RISE • EEOC v. CAESARS • Consent decree for $850,000 plus broad injunctive relief remedies • EEOC v. RIVERA VINEYARDS • Consent decree for $1.05 million plus broad injunctive relief remedies • Farm worker women forced to have sex and subjected to harassment in the field • Job segregation • Retaliation

  31. SEXUAL ASSAULTS ALLEGED IN MANY SEX HARASSMENT CASES • EEOC v. ABM • EEOC v. Rome Research • EEOC v. Consolidated Realty • EEOC v. World Service West • EEOC v. Hometown Buffet • Significant increase in rape cases under investigation

  32. EMERGING ISSUEHUMAN TRAFFICKING and SLAVERY • Over 600,000 to 800,000 people are sent across international borders in the human traffic trade • In the United States, between 14,500 and 17,500 victims of trafficking cross our borders annually • Fourth largest illegal trade in the world

  33. People are trafficked into: • Domestic service, factories, agriculture, restaurant work, construction, hotel/motel housekeeping, prostitution, and other informal labor sectors • Victims can be men or women of varying ages, varying educational levels, and varying skills

  34. TRENDS: • Low wage earners and highly skilled laborers • Use of temporary or contracting agencies • Can come into the country under legitimate visas and/or as visitors

  35. EEOC v. TRANS BAY STEEL • 48 welders brought in from Thailand to retrofit the East Bay Bridge in San Francisco, CA • Came in with legitimate visas through a recruitment agency, Hi-Cap and Kota Manpower

  36. EEOC v. TRANS BAY STEEL CONT’D • Passports and visas withheld • Kept in two cramped apartments • No water • No gas • No electricity • No beds • Threatened • Forced to work 14 hour days 6 days a week • No pay • Escaped to Thai Temple

  37. RESOLUTION • Three year consent decree • Recovered over $1 million for 48 welders • Housing stipend • Relocation money • Training at a local college • Certification • Guaranteed wages and positions including supervisors for some • Monitoring, reporting, training

  38. EEOC V. TRANS BAY STEEL CONT’D • T-Visas and deferred actions for others • Reunification with families for some • New life • Freedom

  39. EMPLOYMENT OR REFERRAL AGENCIES • Use of a referral or employment agency does not shield an employer from liability • Joint employer • Non-delegable duty under Title VII

  40. EEOC v. JOHN PICKLE CO. • Tulsa, Oklahoma • EEOC intervened in a private lawsuit against John Pickle Company on behalf of 52 East Indian nationals for national origin discrimination in pay and treatment

  41. WHAT IS THE CASE ABOUT? • Workers were brought in from India and Kuwait to purportedly “train” employees • Came in under HB-1 and HB-2 visas • Paid $2 to $3 per hour • Restricted movement • Locked inside barracks • Passports and visas withheld

  42. EEOC v. JOHN PICKLE CO. • "Bring them over here and give them a place to sleep, a little bit of food, pay them $2 to $3 dollars an hour, and they think they are getting a deal. Hell, that's cheap labor, they will work harder than any white son of a bitch you can find here." - John Pickle, Jr.

  43. EEOC v. JOHN PICKLE CO. • EEOC won at trial • Court awarded over $1.2 million and specifically over $600,000 under Title VII for compensatory and punitive damages

  44. PITFALLS THAT CAUSED THE EEOC TO SUE • Ineffective policies and procedures remain a problem • lack of training for new managers on hiring procedures or handling of complaints • lack of effective avenues to complain • language a barrier • no monitoring or analysis after a complaint

  45. PITFALLS CONT’D • Lack of supervisor or manager accountability • Human resources not informed of complaints • No incentive or disincentives for managers or supervisors to follow procedures • Weak procedures or protocols

  46. PITFALLS CAN BE AVOIDED THROUGH PROACTIVE PREVENTION • Create monitoring system and really monitor • Hold supervisors and managers accountable • Don’t be afraid to find there is a problem so long as you address it head on • Meaningful proactive training • Audits advised during time of change in workforce

  47. THE WORKPLACE IS A MICROCOSM OF THE WORLD WE LIVE IN • Continuing war in Iraq impacts Arab/Southeast Asians and Muslims • EEOC v. Norwegian cruise lines • Post 9-11 monitoring by the EEOC • Anti-immigrant sentiments manifest as national origin cases

  48. CONCLUSION • UTILIZE EEOC AS A RESOURCE • CUSTOMER SPECIFIC TRAINING • MEDIATION PROGRAM • www. EEOC.GOV

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