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Age Discrimination and Outdated Views of Older Workers Persist, Experts Tell Commission (June 2017)

Monday, June 19th, 2017

In 50th Anniversary of ADEA, Impact of Age Discrimination Felt Across Nation’s Economy

WASHINGTON— Persistent age discrimination and stereotypes about older workers continue to channel older workers out of the workforce, limiting further economic growth, experts told the U.S. Equal Employment Opportunity Commission (EEOC) at a public meeting today entitled “The ADEA @ 50 – More Relevant Than Ever,” held at agency headquarters in Washington, D.C.

“With so many more people working and living longer, we can’t afford to allow age discrimination to waste the knowledge, skills, and talent of older workers,” said Acting Chair Victoria A. Lipnic. “Outdated assumptions about age and work deprive people of economic opportunity and stifle job growth and productivity. My hope is that 50 years after the enactment of the Age Discrimination in Employment Act (ADEA), we can work together to fulfill the promise of this important civil rights law to ensure opportunities are based on ability, not age.”

Nearly two-thirds of workers age 55-64 report their age as a barrier to getting a job, as reported by a 2017 AARP survey. A comprehensive study in 2015 using resumes for workers at various ages found significant discrimination in hiring for female applicants and the oldest applicants, according to a co-author of the research, Patrick Button, Assistant Professor of Economics at Tulane University and a researcher with the National Bureau of Economic Research Disability Research Center (NBER).

Laurie McCann, a senior attorney for AARP Foundation Litigation, cited hiring discrimination and mandatory retirement as persistent problems that older workers face across industries. She called on the EEOC to strengthen ADEA protections and enforcement. “The ADEA should not be treated as a second-class civil rights statute. On this 50th Anniversary of the ADEA, AARP urges the EEOC to take bolder action to ensure older workers are treated fairly at work…” McCann told the Commission.

A combination of societal tradition and flawed business practices “that channel older people out of the work force, especially skilled workers, is damaging the economic health of our country,” John Challenger of the firm Challenger, Gray & Christmas, Inc., told the Commission, citing Bureau of Labor Statistics data. Challenger noted that if more older workers stayed in the workforce, it would significantly reduce the skilled worker shortage in the U.S.

Research refutes assumptions that older workers are less productive, technophobic or inflexible, explained Sara Czaja, director of the Center for Research and Education on Aging and Technology Enhancement (CREATE). Czaja discussed practical ways employers could do a better job of integrating older workers into the workforce by recognizing their value and by matching their skills and abilities with work environments.

“Unfortunately, numerous negative stereotypes about older workers still exist that often prevent or have a negative impact on employment opportunities for older people. These stereotypes can also prevent organizations from realizing the wealth of positive assets, such as wisdom, experience, and reliability that older workers can bring to the table,” said Czaja.

Experts anticipate that the older worker population will continue to grow, said Jacqueline James of The Center on Aging & Work at Boston College. James told the Commission that “employers have been slow to innovate,” as it relates to addressing older workers’ preferences in recruitment and hiring, retention, and preventing age bias. The Center worked with the AARP to develop a benchmarking tool to help employers manage the current multigenerational workforce.

The Commission will hold open the June 14, 2017 Commission meeting record for 15 days, and invites audience members, as well as other members of the public, to submit written comments on any issues or matters discussed at the meeting. Public comments may be mailed to Commission Meeting, EEOC Executive Officer, 131 M Street, N.E., Washington, D.C. 20507, or emailed to: Commissionmeetingcomments@eeoc.gov.

The comments provided will be made available to members of the Commission and to Commission staff working on the matters discussed at the meeting. In addition, comments may be published on EEOC’s public website, or disclosed in response to Freedom of Information Act requests and in the Commission’s library. Providing comments in response to this solicitation equals consent to their use and consideration by the Commission and to their public availability. Accordingly, do not include any information in submitted comments that you would not want made public, like home address, telephone number, etc. Also note that when comments are submitted by e-mail, the sender’s e-mail address automatically appears on the message.

EEOC has posted biographies and statements of all panelists, and will post a video of the meeting within a few days, and a full transcript within a few weeks. These can all be found at https://www.eeoc.gov/eeoc/meetings/index.cfm.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

EEOC to Examine Age Discrimination at Commission Meeting (June 2017)

Monday, June 19th, 2017

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, June 14, from 9:30 a.m. to 12:30 p.m. (Eastern Time), at agency headquarters, 131 M Street, N.E., Washington, D.C. The meeting, entitled “The ADEA @ 50 – More Relevant Than Ever,” will be open to public observation.

EEOC will launch its commemoration of the 50th anniversary of the enactment of the Age Discrimination in Employment Act (ADEA). The meeting will explore the state of age discrimination in America today and the challenges it poses for the future.

The Commission is scheduled to hear from the following confirmed panelists during the meeting:

Patrick Button, Assistant Professor, Tulane University
Laurie McCann, Senior Attorney, AARP Foundation Litigation
John Challenger, CEO, Challenger, Gray & Christmas, Inc.
Sara Czaja, Director, CREATE (Center for Research and Education on Aging and Technology Enhancement), and Director of the Center on Aging at the University of Miami (via SKYPE or phone)
Jacqueline James, Co-Director, Center on Aging and Work, Boston College

Seating is limited. We encourage visitors to arrive 30 minutes before the meeting to be processed through security and escorted to the meeting room. Visitors should bring a government-issued photo identification card to facilitate entry into the building.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

U.S. Department of Justice Civil Rights Division News (June 2017)

Monday, June 19th, 2017

For more information, go to www.justice.gov.

A former Kentucky police officer with the Providence (Ky.) Police Department was charged by federal grand jury indictment with two counts of willfully violating the civil rights of an arrestee and one count of obstructing justice by filing a false report.

A Kansas man was charged with hate crime and firearm offenses in the shooting of three men, including two Indian nationals, at an Olathe bar on February 22, 2017. The grand jury indictment accuses the defendant of shooting and killing one Indian national and attempting to kill another due to the victims’ actual and perceived race, color, religion, and national origin. It also alleges the defendant violated a federal firearms statute by discharging a firearm during those crimes of violence.

Four current and former Florida police officers were charged with using excessive force against an arrestee, filing false reports, and obstructing justice during the investigation. The indictment alleges that while serving as patrol officers and conducting a traffic stop of a vehicle, three of the officers assaulted a passenger in the vehicle. They further aided and abetted one another in falsifying a report of the incident.

A New Jersey husband and wife were convicted on charges arising from a scheme to smuggle a young Kenyan woman into the United States and harbor and exploit her for domestic labor in their New Jersey home. Both defendants were convicted of alien harboring for financial gain and conspiracy. The wife was also convicted of fraudulently obtaining naturalization as a United States citizen by falsely denying involvement in the criminal scheme, and was acquitted on one count of making false statements in connection with the investigation.

The Justice Department reached a settlement agreement with the City of Des Plaines, Illinois, to resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied a rezoning application to allow The Society of American Bosnians and Herzegovinans (SABAH), a Bosnian Muslim religious organization, to use a vacant building as a mosque. The agreement resolves a lawsuit the Department filed in September 2015, after conducting an investigation into the City’s zoning and land use practices.
A prisoner-transport officer was arrested in Stockton, California on charges related to sexually assaulting females in his custody, and threatening them with a firearm while doing so. According to the complaint and probable cause affidavit, the defendant operates a company that contracts with local jails throughout the country to transport individuals who have been arrested on out-of-state warrants. He allegedly engaged in sexual misconduct in his vehicle with three different female prisoners during three different transports. He threatened each victim with his firearm and warned that he would get away with his conduct because no one would believe the victims.

A Mississippi corrections officer was sentenced to 5 years of probation with 12 weeks of weekend confinement for conspiring to cover up the beating of an inmate. The defendant acknowledged that he submitted false reports and lied to the FBI in order to prevent knowledge of the beating from reaching outside authorities. A second defendant was sentenced to 5 years of probation, 14 weeks of weekend confinement, and a $500 fine for failing to protect the victim during the beating.

The Justice Department reached a settlement agreement with Pierce County Transportation Benefit Area Corporation of Pierce County, Washington. The settlement resolves allegations that Pierce Transit violated the employment rights of a Washington Army National Guard Member guaranteed by the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The Justice Department reached a settlement with the city of Jacksonville, Florida, to resolve allegations that the city violated the Fair Housing Act and the Americans with Disabilities Act when it refused to allow the development of permanent supportive housing for individuals with disabilities in its Springfield neighborhood. The settlement, which must still be approved by the U.S. District Court for the Middle District of Florida, resolves a lawsuit the department filed in December 2016. That lawsuit was consolidated with similar ones brought by Ability Housing, Inc. and Disability Rights Florida, which were resolved in a separate settlement with the city.

The Justice Department reached a settlement with the City of Jackson, Mississippi to resolve allegations that the city violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by preventing people in recovery from alcohol and substance abuse from living in group homes in most residential areas. The settlement, which must still be approved by the U.S. District Court for the Southern District of Mississippi, resolves a lawsuit the department filed in September 2016.

A North Carolina man was sentenced to 15 years in prison and ordered to pay $19,200 in restitution after pleading guilty on November 9, 2016, to one count of interstate transportation for prostitution and one count of using an interstate facility to promote a prostitution business enterprise.

The Justice Department reached a settlement agreement with Bernards Township, New Jersey, to resolve allegations that the Township violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow the Islamic Society of Basking Ridge to build a mosque. The agreement also resolves allegations that, while the zoning application was pending, the Township revised its zoning code to unreasonably limit any house of worship from building in the Township.

The Justice Department reached a settlement agreement with Carrillo Farm Labor, LLC (Carrillo Farm), an onion farm in Deming, New Mexico. The settlement resolves the department’s investigation of complaints that Carrillo Farm discriminated against U.S. citizens due to a hiring preference for foreign visa workers.

The Justice Department obtained a $37,000 verdict against a Montana landlord for charging a tenant with physical and psychiatric disabilities $1,000 to have a service animal. The verdict included $11,043 in compensatory damages and $20,000 in punitive damages for the tenant. It also included $6,300 for Montana Fair Housing, Inc., which assisted the tenant with her fair housing complaint.

The Justice Department reached a settlement agreement with Washington Potato Company and Pasco Processing, LLC, which operate a fruit and vegetable processing facility located in Pasco, Washington. The agreement resolves an immigration-related discrimination lawsuit the Justice Department filed against the companies on Nov. 14, 2016.

A Mississippi man was sentenced in the Southern District of Mississippi to 49 years in prison for assaulting and murdering a transgender woman. The defendant pleaded guilty to a one-count information that charged him with a violation of the Matthew Shepard, James Byrd Jr. Hate Crimes Prevention Act involving a victim targeted because of gender identity.
A former Kentucky deputy jailer has been convicted for his role in violently assaulting a pre-trial detainee and willfully failing to provide necessary medical attention that led to his death. The defendant was convicted of using excessive force against the detainee, resulting in bodily injury, and of deliberately ignoring the detainee’s serious medical needs, also resulting in bodily injury. The jury returned the verdict after 90 minutes of deliberation, following four days of trial.

Four Texas men were indicted on federal hate crime and conspiring to cause bodily injuries to victims because of their sexual orientation. According to the indictment, from January 17 to February 7, 2017, the defendants committed home invasions in Plano, Frisco, and Aubrey, Texas. They used a social media platform for gay men to falsely identify as being gay and arrange to meet at the victim’s home. Upon entering, they assaulted the victim and made derogatory statements about the victim being gay. They have been charged with conspiracy, kidnapping, carjacking and possession of a firearm in furtherance of these crimes.

The Justice Department reached a settlement agreement with Provisional Staffing Solutions (Provisional), a temporary staffing agency located in Cranston, Rhode Island. The agreement resolves the department’s investigation into whether Provisional discriminated against non-U.S. citizens when checking their work authorization documents, in violation of the Immigration and Nationality Act (INA).

A former Alabama corrections officer cadet with the Elmore Correctional Facility in Elmore, Alabama, pleaded guilty in federal court to a civil rights violation for assaulting a handcuffed man. The defendant admitted that, while on duty as a corrections officer trainee, he got into an argument with an inmate, who was later handcuffed and placed in a holding cell. He entered the cell and punched the inmate in the head several times causing injury.

A former Puerto Rico police officer with the Carolina Drug Unit pleaded guilty in federal court to a civil rights violation of a juvenile arrestee. According to an indictment unsealed in September 2016, the defendant and co-defendants, all Puerto Rico police officers, used excessive force against C.C., a minor arrested for drug possession, during a police operation on Nov. 15, 2014. They inflicted extreme physical pain on the victim which required him to seek treatment at a local hospital.

Three former Arkansas Juvenile Detention Center officers have been indicted by a federal grand jury for their roles in a conspiracy to assault juvenile inmates. The seven-count indictment charges that the three assaulted the detainees and then tried to cover up their misconduct. The indictment charges that, in some instances, the defendants used pepper spray on juveniles and then, rather than decontaminate them, shut them in their cells to “let them cook.”

The Justice Department reached a settlement agreement with Superior Asphalt Enterprises, Inc., DBA Frontier Roofing Supply (“Frontier”), a business with its principal location in El Paso, Texas. The settlement agreement resolves allegations that Frontier violated the employment rights of Texas Army National Guard Member Alejandro S. Booth under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

A former Florida police detective was sentenced to 36 months in prison for stealing money from migrant workers and obstructing justice. According to evidence presented during the two-week trial, in 2013, he stopped two separate motorists, both undocumented migrant workers, in order to steal their money, in violation of their rights under the Fourth Amendment of the U.S. Constitution to be free from unreasonable seizures of their property. He subsequently obstructed justice by making misleading statements in order to prevent the communication of information about his crimes to federal law enforcement officers.

Three former Louisiana law enforcement officers were sentenced for abuses of inmates. The convictions of these three defendants and seven others who were sentenced in February stemmed from several incidents of abuse at the Iberia Parish Jail in 2011. During the course of an expansive investigation, 10 former Iberia Parish Sheriff’s Office officials pleaded guilty to federal criminal civil rights violations. They admitted to various incidents in which deputies willfully assaulted inmates, without legal justification for doing so.

The Justice Department announced the result of an independent federal investigation into the fatal shooting of Alton Sterling on July 5, 2016, in Baton Rouge, Louisiana. The Department found insufficient evidence to support federal criminal charges against Baton Rouge Police Department (BRPD) officers. The Department reached this conclusion based on a ten-month, comprehensive, and independent investigation of the events surrounding Sterling’s death.

A former North Charleston, South Carolina, Police Department (NCPD) officer pleaded guilty to a federal civil rights offense for his fatal shooting of Walter Scott, Jr. on April 4, 2015. According to documents filed in connection with the guilty plea, the defendant, while acting as an NCPD officer, willfully used deadly force on Walter Scott, Jr. even though it was objectively unreasonable under the circumstances.

An Idaho man was sentenced to 336 months in prison followed by five years of supervised release based on his guilty plea to violently assaulting a gay man, resulting in the man’s death. The defendant was indicted by a federal grand jury on Jan. 10, 2017, with one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act. He pleaded guilty to the charge on Feb. 7, 2017.

Two former Arkansas Juvenile Detention Center supervisors pleaded guilty to conspiring to assault juvenile inmates. According to the guilty pleas, the defendants assaulted and physically punished juvenile detainees who posed no threat, by means that included spraying them in the face with pepper spray.

A federal judge found that the Town of Colorado City and the City of Hildale engaged in a decades-long pattern or practice of police misconduct and housing discrimination, and ordered expansive relief to remedy the violations and prevent further violations in the future. In addition to its verdict on the police-misconduct claim, the jury found that the defendants engaged in a pattern or practice of housing discrimination against persons who were not members of Warren Jeff’s faction of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS).

A Mexican man was convicted for his role in Georgia-based Mexican sex trafficking ring. He is the fourth defendant who pleaded guilty to one count of sex trafficking and admitted his participation in the sex trafficking of three victims. The defendants used violence, threats, intimidation, and other means to compel the young women to engage in prostitution in Georgia and Alabama for the defendants’ profit.

The Department of Justice reached a settlement agreement with BioFusion Health Products Inc., based in Rapid City, South Dakota. The settlement resolves claims that BioFusion violated USERRA when it failed to reemploy South Dakota Air National Staff Sgt. Amber Ishmael following an extended military leave and when it eventually terminated her employment.

A jury has convicted a Kentucky deputy jailer of charges related to his role in an unprovoked violent assault of a detainee at a detention center. He was convicted for deprivation of civil rights under color of law and obstruction of justice.

A California man was sentenced to 15 years in prison for federal hate crimes for firing a shotgun while yelling racist slurs at a Latino man. He was convicted in December 2016 of interfering with a person’s housing rights because of race, color, or national origin by use of force or threat of force; use of a firearm during a crime of violence; and making a false statement to a special agent of the FBI.

A California man was sentenced to 15 years in prison for federal hate crimes for firing a shotgun while yelling racist slurs at a Latino man. He was convicted in December 2016 of interfering with a person’s housing rights because of race, color, or national origin by use of force or threat of force; use of a firearm during a crime of violence; and making a false statement to a special agent of the FBI.

The Civil Rights Division partnered with the Federal Emergency Management Agency’s U.S. Fire Administration on this year’s Arson Awareness Week, May 7-13, with a focus on Preventing Arson at Houses of Worship.

A Michigan man was sentenced to 235 months in prison after being convicted by jury of one count of sex trafficking and three counts of interstate transportation for prostitution. According to evidence and testimony presented at trial, the defendant prostituted three women for his profit at various times between October 2014 and April 2015. He transported them from Michigan to Kentucky and other states for the purpose of prostitution.

The Justice Department reached an agreement with Brickell Financial Services Motor Club, Inc., d/b/a Road America Motor Club, Inc. (Road America), headquartered in Miami, Florida. The settlement resolves the department’s investigation into whether the company violated the INA by discriminating against work-authorized immigrants when verifying their work authorization.

Two Ohio men were sentenced to 7 and 2 years in prison, respectively, for beating an African-American stranger they saw on the street. Both men pleaded guilty in November to violating the Shepard-Byrd Hate Crimes Prevention Act.

A Florida man pleaded guilty to one count of conspiring with others to threaten, intimidate, and interfere with an interracial couple’s enjoyment of their housing rights. According to court documents, the defendant joined others in using racial slurs against, making derogatory statements against, and placing a gasoline-soaked cross in the yard of, an interracial couple who had recently moved in to the neighborhood.

The Justice Department cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers. The warning came as the federal government began accepting employers’ H-1B visa petitions for the next fiscal year.

A Florida man was ordered to pay $1,179,000.00 in restitution to six victims of his sex trafficking and interstate prostitution enterprise. Last month, the court sentenced the defendant to serve 482 months’ imprisonment and a lifetime of supervised release.

A Tennessee man was sentenced to 10 years in prison followed by 3 years of supervised release for sex trafficking by force, fraud, or coercion, and related drug offenses. An investigation revealed that the defendant threatened – and did – withhold Oxycodone from a woman addicted to the drug as a means to compel her to prostitution for his profit. He also assaulted and threatened physical harm against the woman. The defendant pleaded guilty in November to one count of conspiracy to commit commercial sex trafficking and conspiracy to possess with intent to distribute controlled substances.

A Florida man was sentenced to 30 years in prison for sex trafficking and related violations. The court’s sentence arose from the defendant’s scheme to recruit foreign students on false promises of legitimate summer jobs, and then to advertise them to customers of his prostitution and erotic massage enterprise.

Office of Disability Employment Policy News Brief (June 9, 2017)

Friday, June 9th, 2017

PEAT Talks: Why Jobseekers Need a Digital Brand — June 15, 2:00-3:00 PM ET
Today, eRecruiting dominates all aspects of hiring and recruiting, and a successful job search starts by investing in a digital brand. For students with disabilities in particular, strategically shaping an online persona can open many career doors. In this webinar, Intuit’s Ted Drake will profile how several people with disabilities leveraged social media to start successful careers.

PEAT Publishes June eNews
The Partnership on Employment & Accessible Technology (PEAT) has published its June eNews. The newsletter features information on a guide to accessible information and communication technology (ICT) for American Job Centers, model procurement language for ICT, an interview with Oracle’s Taleo team, a preview of the M-Enabling Summit and more.

Employment First State Leadership Mentoring Program Shares Success Stories Videos
The Employment First State Leadership Mentoring Program (EFSLMP) has produced a series of videos highlighting EFSLMP success stories from three states. Hear from personal stakeholders on how they are engaging employers and persons with disabilities in today’s workforce, and how creating policies to ensure that people utilizing services are maintaining or returning to competitive integrated employment is key to the program’s success.

LEAD Center Releases Policy Update — Employment, Health Care and Disability
The LEAD Center’s Policy Update – Employment, Health Care and Disability provides policymakers, disability service professionals, individuals with disabilities and their families with information about relevant policy developments regarding Medicaid, the Affordable Care Act and related topics, with a focus on improving employment outcomes for individuals with disabilities. The May 2017 update includes information about Centers for Medicare and Medicaid Services extending the full implementation deadline for the Medicaid HCBS Settings Rule, various HCBS transition plan updates, disability highlights of the fiscal year 2017 Omnibus Spending Bill and more.

Latest EARN Newsletter Now Available
The Employer Assistance and Resource Network on Disability Inclusion (EARN) has issued its May 31 newsletter, highlighting the Campaign for Disability Employment, the Job Accommodation Network’s Workplace Accommodation Toolkit, a Mental Health Month blog, upcoming web events and more.

For more information, go to www.dol.gov/odep.

LGBT Month Message from the Acting EEOC Chair (June 5, 2017)

Monday, June 5th, 2017

Social movements are made up of many kinds of people working together for a common goal. But sometimes movements are encapsulated by a few very special people who crystallize and symbolize the set of ideals they espouse.

Such a figure was Frank Kameny. He was a World War II veteran and federal employee, an astronomer for the Army Map Service, when he was fired in 1957 simply for being gay – such firings were normal practice at the time. What wasn’t normal practice was speaking out and fighting back – which is exactly what Kameny did for years, both on his own behalf and for others.

Kameny was an early activist in the Mattachine Society, an early gay-rights organization that named itself after a French medieval and renaissance group that would conduct masked dance rituals as protests against oppression.

But Kameny didn’t fight bigotry with a mask on. He took it on openly – and suffered because of it. Frank formally appealed his firing to the U.S. Civil Service Commission, a precursor to the Office of Personnel Management and the Merit Systems Protection Board, and although unsuccessful, it is one of the first known civil rights claims based on sexual orientation. Despite his struggles, he fought on, speaking truth to power, challenging authority to fight for protections for the LGBT community. Kameny’s persistence was astounding – he led pickets of the White House in the 1960s, worked to overturn discriminatory laws, fought the military ban on homosexuals, and was appointed as the first openly gay member of DC’s Human Rights Commission in the 1970s – and the dedication to his cause was eventually realized.

We at the EEOC can appreciate Kameny’s courage in many ways. He was a tireless promoter of LGBT rights in America and continues to serve as a role model for our daily pursuit of justice for everyone who has suffered discrimination in the workplace. The EEOC takes pride in being a champion for the rights of all workers, just as Frank Kameny was.

For more information, go to www.eeoc.gov.

FTA & NTI Offer Advanced-Level Environmental Justice Workshop on July 26-27

Monday, June 5th, 2017

FTA and the National Transit Institute (NTI) are offering an invitation-only Advanced-Level Environmental Justice Workshop on July 26-27, 2017 in Los Angeles, CA. This course, intended for staff from transit agencies, Metropolitan Planning Organizations, and state Departments of Transportation, incorporates case study-based discussions and activities so participants can consider new approaches to apply EJ best practices in their communities. Discussions will focus on examples of best practices from the field.

To be considered for this workshop, fill out the application questionnaire by Monday, June 12, 2017. You will be notified via email whether you have been accepted, and the registration information will be emailed to you. This workshop requires advance preparation by participants.

For more information, contact Ginny Stern, NTI (gstern@nti.rutgers.edu) or Antoinette Qualiata, FTA (antoinette.quagliata@dot.gov).

June 8 Webinar: Transit Agency Practices Interacting with People Who Are Homeless (June 2017)

Saturday, June 3rd, 2017

People who are homeless often use public transit vehicles or facilities as shelters to stay out of the weather and be safe. Transit agency staff trying to manage the various impacts of homeless riders should plan to attend a webinar at 2 p.m. EDT Thursday, June 8 that will feature a recent Transit Cooperative Research Program (TCRP) report, Transit Agency Practices Interacting with People Who Are Homeless.

The webinar will explore effective practices, approaches, and outcomes within the transit industry regarding interactions with people who are homeless, through discussion of:

Public library experiences
How transit agencies have interacted with people who are homeless over time
Findings from a survey of transit agencies
Case examples in six cities, including:
Fort Worth Transportation Authority (Ft. Worth, Texas)
Metro Transit (Madison, WI)
Bay Area Rapid Transit (Oakland, CA)
SEPTA (Philadelphia, PA)
Valley Metro (Phoenix, AZ)
WMATA (Washington, DC)

FTA sponsors the Transit Cooperative Research Program to develop and apply innovative solutions and adapt technologies and approaches that help meet the demands placed on the nation’s public transit systems.

For more information, go to https://ce-catalog.rutgers.edu/courseDisplay.cfm?schID=65334.

Office of Disability Employment Policy News Brief (June 2, 2017)

Saturday, June 3rd, 2017

For more information, go to www.dol.gov/odep.

Employment First State Leadership Mentoring Program (EFSLMP) Community of Practice (CoP) Monthly Webinar — June 14, 3:00-4:30 PM ET
The Employment First State Leadership Mentoring Program (EFSLMP) Community of Practice (CoP) Monthly Webinar, to be held June 14, 3:00-4:30 PM ET, will address the topic “Inspiring Parental Participation: It Is All in How You Ask.” The webinar will teach CoP participants to work more effectively as service providers for families of children with disabilities. The guest speaker will be Katherine Carol, a national subject matter expert supporting Employment First efforts.

Workforce Recruitment Program Seeks Federal Employees to Recruit Students with Disabilities
The Workforce Recruitment Program (WRP) is a recruitment and referral program that connects federal and private sector employers nationwide with highly motivated college students and recent graduates with disabilities who are eager to prove their abilities in the workplace through summer or permanent jobs. The WRP is the primary pipeline bringing students and recent graduates with disabilities into federal employment. Volunteers are needed to act as WRP recruiters for the upcoming recruitment season, which runs from October 30 through November 20, 2017. Recruiters must be federal employees who can commit to conducting at least 10 30-minute phone interviews with students from across the country, and evaluating each student candidate in writing. The required recruiter training is conducted online and can be completed in about 90 minutes. Registration is open until August 1.

New PEAT Videos Highlight Accessible Workplace Technology Resources
The Partnership on Employment & Accessible Technology (PEAT) has created two online videos to explain its mission, resource offerings and opportunities to foster collaboration and action around accessible workplace technology. One video outlines PEAT’s mission and resources, while the other highlights the TalentWorks feature, a free tool that helps employers and human resource professionals ensure their eRecruiting technologies are accessible to all job seekers. The open-captioned videos, and their transcripts, are available on the PEAT website.

New from the AskJAN Blog
The AskJAN blog continues to grow as four new posts were recently added. These blogs include “An Interview with Barbara Bissonnette of Forward Motion Coaching” by JAN Lead Consultant Melanie Whetzel; “Shining a Light on Sun Safety” by JAN Consultant Sarah Small; “Accommodation Ideas for Individuals on Dialysis” by JAN Lead Consultant Elisabeth Simpson; and “Service Animal Access vs. Wheelchair Access — Why the Difference?” by JAN Principal Consultant Linda Carter Batiste.

Webcast on Compliance with Title VI of the Civil Rights Act of 1964

Thursday, June 1st, 2017

Title: Compliance with Title VI of the Civil Rights Act: An Overview (delivered by award-winning civil rights author, Seena Foster).

Date: AVAILABLE ON-DEMAND NOW!

How to register:
To register, simply click on the “Webcast Registration” icon on the left side of this blog. Or, go to https://engage.vevent.com/rt/titleviconsulting.

Cost-effective.  Only $29.00. No travel costs.  No lost time from work. This webcast is absolutely the best value for your dollar!

Content-rich.  The webcast is packed with useful information, guidance, and helpful tips.  Participants state that our webcasts are “excellent,” “very informative,” and “highly-organized.”  Each participant receives a copy of the detailed PowerPoint presentation for the webcast, which may be used as a checklist for ensuring compliance in his or her locality.

Certificate-based.  Within three to five weeks, each participant who registers and attends the webcast will receive a personalized, signed “Certificate of Completion” for his or her records.  

Because the webcast is on-demand and certificate-based, it provides a convenient and inexpensive way to acquire and document training in the area of compliance with Title VI of the Civil Rights Act.

Description:
This popular webcast provides an informative overview of how to comply with the nondiscrimination mandates of Title VI of the Civil Rights Act of 1964. Title VI applies to the administration, oversight, and delivery process of all state and local programs and activities that are federally-assisted. In this webcast, we’ll focus on the scope and meaning of Title VI of the Civil Rights Act, and we will touch on a variety of compliance-related issues, including environmental justice, serving limited English proficient populations, contracting and procurement, discrimination complaints, harassment and hostile environment, training, monitoring, and data collection. Participants will understand the meaning of race, color, and national origin-based discrimination through Ms. Foster’s use of a variety of easy-to-understand examples. And, participants will learn about surprising federal enforcement policies to include certain types of religious-based discrimination as prohibited under Title VI. A detailed PowerPoint is available for download to viewers of this webcast.

Developed for:
Whether you are new to the field, or need refresher training, this webcast is designed for a variety of state and local government officials from any size agency or department, including equal opportunity officers, Title VI liaisons, Title VI compliance officers, Title VI coordinators, agency heads, legal counsel, and contracting and procurement personnel. And, this webcast provides the easiest, quickest, and most cost-effective way for your providers, on-the-job trainers, partners, and contractors to gain a practical understanding of their obligations with this federal civil rights law. Whether you receive funding directly from a federal agency, or indirectly through a state or local agency, the federal civil rights requirements discussed in the webcast apply to you.

Once you have completed this webcast and understand the requirements of the federal civil rights laws that apply to your programs, and if you are responsible for conducting discrimination complaint investigations in these programs, we recommend that you take our webcast titled, “Discrimination Complaint Investigations under the Workforce Investment Act: Proper Process and Technique.” The sound investigative processes and techniques discussed in this webcast are easily applied to discrimination complaint investigations conducted in any federally-assisted program or activity.

About Seena Foster.

Seena Foster, award-winning civil rights author and Principal of the discrimination consulting firm, Title VI Consulting in Alexandria, Virginia, provides expertise and guidance in the areas of compliance and civil rights investigations to state and local governments, colleges and universities, private companies, and non-profit organizations. To that end, she offers one-hour on-demand webcasts, full-day and half-day in-person training sessions, and mediation services addressing a variety of types of discrimination such as racial discrimination, sex discrimination, disability discrimination, age discrimination, and religious discrimination. The federal law on discrimination is complex and affects our workplaces as well as the delivery of our federally funded programs and activities. Her book, Civil Rights Investigations under the Workforce Investment Act and Other Title VI Related Laws: From Intake to Final Determination, has been described as an “eye-opening” reading experience and a “stand-alone” training resource. Ms. Foster’s resources and materials are designed to support the work of civil rights and discrimination professionals in the public and private sectors.

In 2003, Ms. Foster served as a Senior Policy Analyst to the U.S. Department of Labor’s Civil Rights Center (CRC). In that capacity, she led a team of equal opportunity specialists to conduct disability-based technical assistance reviews of One-Stop centers, and she assisted the CRC’s leadership in preparing for limited English proficiency-based compliance reviews. Ms. Foster also analyzed and weighed witness statements and documents to prepare numerous final determinations for signature by the CRC Director, which resolved discrimination complaints under a variety of federal civil rights laws such as Title VI of the Civil Rights Act, the Age Discrimination Act, the Rehabilitation Act, the Americans with Disabilities Act, and Section 188 of the Workforce Investment Act.

In 2006, Ms. Foster received the Secretary of Labor’s Equal Employment Opportunity Award in recognition of “exceptional efforts to ensure that individuals with disabilities have full access to employment and related services and benefits at the Nation’s One-Stop Career Centers.” And, at the request of the CRC, Ms. Foster served as a popular workshop speaker at national equal opportunity forums co-sponsored by the CRC and the National Association of State Workforce Agencies. Her presentations covered topics such as the WIA/WIOA Section 188 disability checklist, conducting discrimination complaint investigations and writing final determinations, and conducting investigations of allegations involving harassment and hostile environment.

Ms. Foster is a graduate of the George Washington University Law School. You may contact her through www.titleviconsulting.com.

Webcasts Covering Compliance with Section 188 of the Workforce Innovation and Opportunity Act and Conducting Discrimination Complaint Investigations in Federally-Funded Programs and Activities

Thursday, June 1st, 2017

Workforce Innovation and Opportunity Act (WIOA) EO Officers, Workforce Investment Board (WIB) members, and agency heads as well as service providers, on-the-job trainers, contractors, and partners that are part of the system of delivering WIOA-funded programs and activities are required to understand the nondiscrimination and equal opportunity requirements of WIOA Section 188, including the process for conducting discrimination complaint investigations under this statute. Our webcasts are tailored specifically to help provide you with practical training in both of these areas!

State Equal Opportunity officers, and leadership of workforce investment boards have required this training of staff, stating it is “very relevant” and delivers “extremely useful guidance.”

Whether you are new to the field, or you have worked in this area of civil rights for many years, each webcast delivers a tremendous amount of information in the course of one hour. Indeed, these webcasts provide the easiest, quickest, and most cost-effective way for your providers, on-the-job trainers, partners, and contractors to gain a practical understanding of their WIA/WIOA Section 188 obligations, including how to conduct discrimination complaint investigations.

Because the webcasts are on-demand and certificate-based, they provide a convenient and inexpensive way to acquire and document training in the areas of compliance with WIOA Section 188, and conducting discrimination complaint investigations.

Registration is easy so register today!

How to register:
To register, simply click on the “Webcast Registration” icon on the left side of this blog. Or, go to https://engage.vevent.com/rt/titleviconsulting.

Cost-effective.  Only $29.00 each. No travel costs.  No lost time from work. These webcasts are absolutely the best value for your dollar!

Content-rich.  Each webcast is packed with useful information, guidance, and helpful tips.  Participants state that our webcasts are “excellent,” “very informative,” and “highly-organized.”  Each participant receives a copy of the detailed PowerPoint presentation for the webcast, which may be used as a checklist going forward.

Certificate-based.  Within three to five weeks, each participant who registers and attends the webcast will receive a personalized, signed “Certificate of Completion” to document the training.  Federal law requires that WIOA EO Officers, operators, on-the-job trainers, and other service providers obtain training in these areas.  Our webcasts are customized to provide specific training related to the nondiscrimination and equal opportunity requirements of WIOA Section 188.

The target audience.  The webcasts are tailored for WIOA EO Officers and the leadership of state and local workforce agencies, American Job Network centers, UI call centers, partners, affiliates, on-the-job trainers, and other service providers or advisers (such as local community colleges and WIB members)  that are part of the system of delivering WIOA-related programs and activities to the public.  With budget and staffing challenges, these webcasts provide valuable nuts-and-bolts guidance for implementing the nondiscrimination and equal opportunity requirements of WIA Section 188 at the lowest cost to your organization. Whether you receive funding directly from a federal agency, or indirectly through a state or local agency, the federal civil rights requirements discussed in the webcast apply to you.

 

WEBCASTS AVAILABLE NOW!

Title: Compliance with the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act: A Comprehensive Overview

Description: 
This webcast provides a wealth of information, guidance, and tips to help you ensure compliance with the nondiscrimination and equal opportunity provisions of Section 188 of the Workforce Innovation and Opportunity Act (WIOA), and related federal civil rights laws that apply to the administration, oversight, and delivery process for WIOA Title I-financially assisted programs and activities. In this webcast, we’ll cover a broad range of compliance issues, including taglines, assurances, Equal Opportunity officers (their selection and duties, and the recipients’ obligations in support of EO officers), serving persons with disabilities, serving LEP populations, differences between program complaints and discrimination complaints, harassment and hostile environment, and data collection, including requirements for the discrimination complaint log and storage of medical information. A detailed PowerPoint, updated after promulgation of the final version of the WIOA regulations at 29 C.F.R. Part 38, is available for download to viewers of the webcast.

________________________________________

 

Title: Discrimination Complaint Investigations under the Workforce Investment Act:  Proper Process and Technique

Description:
This webcast covers the discrimination complaint investigation process from start to finish, including determining jurisdiction, developing a complaint investigation plan, framing the issue of an investigation, developing interrogatories, preparing a letter of acceptance, gathering and analyzing information, interviewing the parties and witnesses, and writing the notice of final action.  Each participant of this webcast will receive a set of templates that they may customize and use for their investigations, including a jurisdiction checklist, sample complaint investigation plans, sample notices rejecting a complaint, a sample letter of acceptance, and a sample notice of final action. Complaint investigation templates and a detailed PowerPoint are available for download to viewers of the webcast. Complaint processing templates and a detailed PowerPoint are available for download to viewers of the webcast.

About Seena Foster.

Seena Foster, award-winning civil rights author and Principal of the discrimination consulting firm, Title VI Consulting in Alexandria, Virginia, provides expertise and guidance in the areas of compliance and civil rights investigations to state and local governments, colleges and universities, private companies, and non-profit organizations. To that end, she offers one-hour on-demand webcasts, full-day and half-day in-person training sessions, and mediation services addressing a variety of types of discrimination such as racial discrimination, sex discrimination, disability discrimination, age discrimination, and religious discrimination. The federal law on discrimination is complex and affects our workplaces as well as the delivery of our federally funded programs and activities. Her book, Civil Rights Investigations under the Workforce Investment Act and Other Title VI Related Laws: From Intake to Final Determination, has been described as an “eye-opening” reading experience and a “stand-alone” training resource. Ms. Foster’s resources and materials are designed to support the work of civil rights and discrimination professionals in the public and private sectors.

In 2003, Ms. Foster served as a Senior Policy Analyst to the U.S. Department of Labor’s Civil Rights Center (CRC). In that capacity, she led a team of equal opportunity specialists to conduct disability-based technical assistance reviews of One-Stop centers, and she assisted the CRC’s leadership in preparing for limited English proficiency-based compliance reviews. Ms. Foster also analyzed and weighed witness statements and documents to prepare numerous final determinations for signature by the CRC Director, which resolved discrimination complaints under a variety of federal civil rights laws such as Title VI of the Civil Rights Act, the Age Discrimination Act, the Rehabilitation Act, the Americans with Disabilities Act, and Section 188 of the Workforce Investment Act.

In 2006, Ms. Foster received the Secretary of Labor’s Equal Employment Opportunity Award in recognition of “exceptional efforts to ensure that individuals with disabilities have full access to employment and related services and benefits at the Nation’s One-Stop Career Centers.” And, at the request of the CRC, Ms. Foster served as a popular workshop speaker at national equal opportunity forums co-sponsored by the CRC and the National Association of State Workforce Agencies. Her presentations covered topics such as the Section 188 disability checklist, conducting discrimination complaint investigations and writing final determinations, and conducting investigations of allegations involving harassment and hostile environment.

Ms. Foster is a graduate of the George Washington University Law School. You may contact her through ref=”http://www.titleviconsulting.com/”>www.titleviconsulting.com.