Archive for the ‘Uncategorized’ Category
Monday, July 16th, 2012
The Federal Reserve has a dual mandate to maintain low inflation and high employment — a job description that requires a balancing act, as these two goals can be in tension. The Fed has put its inflation target at 2 percent, while 5 percent is generally viewed as the normal unemployment rate when the economy is operating at full strength.
But as economist Chad Stone shows in U.S. News & World Report this morning, the Fed has usually hit its inflation target ever since the Great Recession while utterly failing to meet its obligation to bring down unemployment:

So the Fed has spent the last three years treating 2 percent inflation as a ceiling rather than a happy median, refusing to allow it higher even to bring down America’s sky-high unemployment rate of 8 percent. But the good news is that in late June, the Federal Reserve finally decided to extend what monetary easing it has engaged in by another $267 billion, and the institution’s hesitation to do more to help the economy could be dissapating. Whether it will be sufficient to help the economy at this point remains to be seen.
This post originally appeared in Think Progress on July 13, 2012. Reprinted with permission.
About the Author: Jeff Spross is video editor and blogger for ThinkProgress.org. Jeff was raised in Texas and received his B.S. in film from the University of Texas, after which he worked for several years as an assistant editor in Austin and Los Angeles. During that time Jeff co-founded, wrote and produced The Regimen, a blog and podcast dealing with politics and culture. More recently, he has interned at The American Prospect and worked as a video producer for The Guardian.
Tags: Federal Reserve, Think Progress, unemployment Posted in Uncategorized, unemployment | No Comments »
Thursday, June 28th, 2012
As we move further into the twenty-first century, I have come to the realization that many of us have forgotten where we came from. I would wager many who are doctors, lawyers, elected officials and captains of industry came from humble means. Working class families, such as construction workers, maintenance people and factory workers, just to name a few. And many (oh so many) have turned on the same sort of people that bore and raised them, clothed and fed them, put them through college and called them son or daughter. How do we end this cycle?
To solve any problem we first need to address the main cause and move from there towards a solution.
Much of the problem starts with us, the parents. Do we tell our children about what we do? Do we educate them on the struggles of those who have come before us? Those who had endured, bled and sometimes died so that the generations to come could have a better life than their parents had. Sadly, I don’t think so.
Many parents back in the seventies and eighties probably never thought there would be attacks on the people that build our country, that teach our children, or even those that protect us while we sleep. And that was our first mistake. Never underestimate the greed of those that have no conscience. Never think for a second that people won’t watch you suffer while they profit.
Something else that has put us in this predicament is that some of us in skilled labor put down our professions, expressing horror at the thought of our children following in our footsteps. This happens more often than we might want to admit and it has lasting consequences. We act as though working with our hands is something to be ashamed of, that it’s something to look down on. And we’re ok with that? I’m certainly not and you shouldn’t be either.
Now, to end the cycle.
We need to talk to our children. We have to tell them that those of us that work with their hands, those that earn their wages from the sweat of their brow, those that put themselves in danger to serve the public good, work in an office and teach our children are not expendable. That these people ought to be treated with the same respect and dignity we all want in life.
We should remind our kids that men, women and even children were degraded, abused, beaten, stabbed, shot and killed all in the name of a few very wealthy people that didn’t want to pay their fair share to raise this nation to its full potential. More importantly, that those who fought prevailed, it was not in vain and they won a lasting period where most had a fair shake. And this is what has been under attack. This is what is at stake.
The fight for all working people throughout the nation starts with us as workers, blue and white collar alike. We need to erase the lines that divide us, realize that we all labor; we all scrape and scratch for a better life for our families. We must get past these superficial and petty differences or we will all fall. As Benjamin Franklin once said, “We must all hang together, or assuredly we shall all hang separately.”
If we’re going to end this cycle now, we need to stand together, take pride in our work and teach our children that everyone has worth. Preserving our way of life starts at home.
This blog originally appeared in Daily Kos on June 24, 2012. Reprinted with permission.
About the Author: Todd Farally is a third generation Union Sheet Metal Worker, blogger and activist who has been involved in the Labor Movement and political activism most of his life. He was raised to believe in speaking out when injustice is imposed upon those without a voice and to never give up, no matter how tough the fight may seem.
Tags: work and family, working class Posted in labor, Uncategorized | 2 Comments »
Thursday, June 21st, 2012
A group of House Democrats recently proposed legislation that would raise the federal minimum wage to $10 an hour, roughly where it would have to be to match the peak buying power the wage reached in 1968. Cities and states across the country are taking action on their own, raising their minimum wages in an effort to help low-income workers.
Opponents of minimum wage increases contest that raising the minimum wage will be costly for businesses and have a negative effect on job growth and employment. An analysis by the Center for American Progress’ Nick Bunker, David Madland, and the University of North Carolina’s T. William Lester, however, found five recent studies showing that increasing the minimum wage — even during periods of high unemployment — does not have a negative effect on job growth:
A significant body of academic research has found that raising the minimum wage does not result in job losses even during hard economic times. There are at least five different academic studies focusing on increases to the minimum wage—including increases ranging from 7 percent to 12.3 percent made during periods of high unemployment—that find an increase in the minimum wage has no significant effect on employment levels. The results are likely because the boost in demand and reduction in turnover provided by a minimum wage counteracts the higher wage costs.
Similarly, a simple analysis of increases to the minimum wage on the state level, even during periods of state unemployment rates above 8 percent, shows that the minimum wage does not kill jobs. Indeed the states in our simple analysis had job growth slightly above the national average. [...]
All the studies came to the same conclusion—that raising the minimum wage had no effect on employment.
While increasing the minimum wage likely has no effect on job creation, it does have a tangible benefit for workers. Eight states increased their minimum wage at the beginning of 2012, providing extra benefits to 1.4 million workers. More than half of the workers directly affected by a minimum wage increase, as well as more than half who would be indirectly affected, are women, meaning increasing the wage provides help to a segment of the population that already faces significant disadvantages in the workplace.
This blog originally appeared in ThinkProgress on June 20, 2012. Reprinted with permission.
About the Author: Travis Waldron is a reporter/blogger for ThinkProgress.org at the Center for American Progress Action Fund. Travis grew up in Louisville, Kentucky, and holds a BA in journalism and political science from the University of Kentucky. Before coming to ThinkProgress, he worked as a press aide at the Health Information Center and as a staffer on Kentucky Attorney General Jack Conway’s 2010 Senate campaign. He also interned at National Journal’s Hotline and was a sports writer and political columnist at the Kentucky Kernel, the University of Kentucky’s daily student newspaper.
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Friday, June 8th, 2012
A California-based company called VWR is busting its union, moving work to a non-union workforce a few hours away and receiving both federal and state tax incentives to do it. The scandal is yet another example of how companies can game the tax systems while hurting workers, and the government does little to stop them.
In Brisbane, Calif., 183 workers, members of Teamsters Local 853 that work at VWR, will lose their jobs at the end of the year when their scientific chemical warehouse closes. VWR, which is owned by Chicago-based private equity firm Madison Dearborn Partners, is moving the warehouse 230 miles away to Visalia, Calif. At the warehouse in Visalia, workers will be non-union and are expected to make half of what the current workers in Brisbane earn, according to the Teamsters.
The job losses will devastate local workers, many of whom are close to retirement age and will have difficulty finding jobs elsewhere. It will also devastate the city of Brisbane. A study conducted by the Federal-State Inquiry into Job Losses and Misdirected Tax Policy, chaired by Rep. Jackie Speier (D-Calif.) and California State Treasurer Bill Lockyer, found that the warehouse closure will result in the loss of 183 direct jobs and 83 indirect jobs among the suppliers and surrounding community in the Brisbane area. The loss of jobs will also reduce the City of Brisbane’s tax revenue by 18.5 percent.
The company, though, will benefit financially not only from halving workers’ salaries, but from a large amount of federal and state incentives to move. The City of Visalia, where the warehouse is being moved to, has received $2 million in federal Department of Commerce grants to do infrastructure improvements to the industrial park where the new warehouse will be located. VWR will also receive a total amount of $30,000 over a five-year period in tax credits from the state of California for every new worker hired.
“They aren’t creating new jobs, all they are doing is union busting,” says VWR worker John Thomas. “It’s a shame they are getting our tax dollars to destroy good middle-class jobs.”
This isn’t the first time VWR has used the new hire tax credits intended for job creation to simply move jobs from one place to another. Recently, the company received tax credits from Monroe County, N.Y., to move jobs from one warehouse in Towanda, N.Y., to another warehouse in Henrietta, N.Y. The move resulted in the layoffs of 41 warehouse workers in Towanda.
“I think this is a formula that union and non-union companies are using to abuse federal funds. You are not creating new jobs. You are really just transferring jobs and getting paid to screw these people out of their employment,” says Teamsters International Vice President Rome Aloise. “There should be some restrictions on how federal funding is provided to not allow this kind of transfer to occur.”
There are supposed to be “non-relocation” laws in place at the federal level to prevent corporations from receiving federal tax dollars for moving jobs from one area of the country to another area of the country. Teamsters are upset that the Department of Commerce is still providing a $2 million dollar infrastructure improvement grant for a project that will facilitate union warehouse jobs being moved from Brisbane to Visalia. The Department of Commerce counters that it has not violated “non-relocation” laws since the grant was intended to facilitate the creation of other jobs besides VWR ones in Visalia’s industrial park. Furthermore, the Department of Commerce claims it didn’t know about the VWR facility when issuing the $2 million grant.
“The site of the VWR facility was not contemplated as part of the project, nor was it included in any job creation estimates. Moreover, the City advises us that it had no knowledge of VWR’s interest when it applied for EDA funds and that it did not solicit or court the company to relocate,” wrote Assistant Secretary of Commerce for Economic Development John Fernandez in a letter to Teamsters President Jimmy Hoffa, Jr. “As the decision should be clear from the above, the decision to the Plaza Driver project was entirely independent of the VWR matter.”
However, in a written response to the Commerce Department, Hoffa Jr. argued:
Just as VWR is dealing in bad faith with employees and the City of Brisbane by refusing to explore viable alternatives, VWR and the City of Visalia are dealing in bad faith with the U.S. Department of Commerce, Economic Development Administration and U.S. taxpayer about how will benefit from this public financing. The $2 million grant awarded to the City of Visalia in April 2011 to make infrastructure improvements to Plaza Driver will benefit VWR in its relocation efforts according to city documents and news reporters. However VWR was omitted from the list of companies, Visalia identifies as beneficiaries in its EDA grant application.
As evidence of Visalia’s bad fatih, the Teamsters point to an August 2010 newspaper account that quotes the Visalia City community development director saying that “the planned widening of Plaza… and improvements to Riggin Avenue… (and) the Betty Drive interchange… were big selling points to (VWR).“ But it appears that regardless of whether Visalia told the truth in its application for the $2 million grant, the city will receive the money and Brisbane’s workers will lose their jobs.
Economist Dean Baker, co-director of the Center for Economic Policy and Research, says such schemes are intrinsic to programs that give tax credits to companies hiring new workers.
You inevitably run a risk with new hire credits that most of the hires would have occurred even without the credit,” says Baker. “In those cases, you’re giving money for nothing. Obviously the story is worse when what you’re giving money for is a union-busting scheme. As a practical matter, this can be hard to prevent since there will always be some way to game the system.
This blog originally appeared in Working in These Times on June 7, 2012. Reprinted with Permission.
About the Author: Mike Elk is an In These Times Staff Writer and a regular contributor to the labor blog Working In These Times. He can be reached at mike@inthesetimes.com.
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Thursday, June 7th, 2012
Walmart’s outsourcing of jobs is driving down wages at American factories, according to a report from the National Employment Law Project. Instead of employing its own factory employees, Walmart subcontracts many of the jobs to outside companies that have histories of low wages and labor violations, the report said. “These outsourced workers laboring on Walmart’s behalf toil at the bottom of a complex hierarchy of intermediaries and in alternative employment schemes that leave them vulnerable to significant worker rights abuses and unsure where to seek redress,” said the report, which also noted that workers at multiple Walmart-contracted facilities have sued their employers for violating minimum wage laws and cheating them out of pay.
This post originally appeared in ThinkProgress on June 6, 2012. Reprinted with permission.
About the Author: Travis Waldron is a reporter/blogger for ThinkProgress.org at the Center for American Progress Action Fund. Travis grew up in Louisville, Kentucky, and holds a BA in journalism and political science from the University of Kentucky. Before coming to ThinkProgress, he worked as a press aide at the Health Information Center and as a staffer on Kentucky Attorney General Jack Conway’s 2010 Senate campaign. He also interned at National Journal’s Hotline and was a sports writer and political columnist at the Kentucky Kernel, the University of Kentucky’s daily student newspaper.
Tags: Outsourcing, Travis Waldron, wages, walmart Posted in Uncategorized | 1 Comment »
Wednesday, June 6th, 2012
From locally grown, organic greens to grass-fed beef, we care about the food that comes out of the kitchen—but what about the workers who chop, grill, sauté and serve our food? Today, the restaurant industry is one of the largest and fastest growing industries in the United States. Despite its size and growth, the industry suffers from pervasively low wages, wage theft, non-existent benefits, rampant discrimination and often dangerous or unhealthy working conditions.
This week in New York City, consumers, students and working people, are coming together for an action and food justice conference to learn more about the enormous impact food workers have on the economy and on consumers, food safety and public health.
This video trailer, for the upcoming book Behind the Kitchen Door, gives a brief glimpse into the working conditions in restaurants told through the stories of workers. According to author Saru Jayaraman, co-founder of the Restaurant Opportunities Centers United, the health and well-being of the second-largest private-sector workforce is at stake—the lives of 10 million people, many immigrants, many people of color, who bring passion, tenacity and important insight into the American dining experience.
It’s no coincidence that seven of the 10 lowest-paying jobs in America are in the restaurant industry, 90 percent of restaurant workers lack paid sick days and only .01 percent are represented by a union. Workers represented by unions, on average, are paid 20 percent higher wages than nonunion workers and are more likely to have paid leave and a secure retirement. Despite facing many barriers, restaurant workers across the country are building awareness among consumers and organizing to improve their working conditions.
As one Washington, D.C., restaurant worker quoted in the book, says:
Customers always ask us if this dish is organic or local, thinking that is what will ensure that they are having a healthy meal, a meal they can feel good about but if they knew about what workers were dealing with…working with the flu, tips and wage being stolen by the owner, getting screamed at and abused by managers, being called racial slurs, getting groped by male workers—they would think twice about the quality of their food.
Learn more about what you can do as a consumer to eat ethically. For more information on Behind the Kitchen Door, check out www.behindthekitchendoor.org, and for a consumer guide to eating out, please visit http://rocunited.org/dinersguide.
This blog originally appeared in AFL-CIO Now on June 6, 2012. Reprinted with permission.
About the Author: Jennifer Angarita is an AFL-CIO Worker Center coordinator.
Tags: Food Industry, Jennifer Angarita, Union Representation, Working Condition Posted in Uncategorized | 1 Comment »
Monday, June 4th, 2012
Two labor unions representing workers at supermarket chains are reporting success in efforts to protect their members from employers who want to impose restrictive rules on the use of social media outside the workplace.
Leaders of the United Food & Commercial Workers (UFCW) union and the Teamsters have successfully backed down a large multinational conglomerate that attempted to impose such restrictions on more than 100,000 workers across the New England and Mid-Atlantic regions, union officials said. Complaints to the National Labor Relations Board (NLRB) have resulted in the New York-based unit of the company withdrawing the disputed policy, and a settlement of similar complaints is imminent in the Baltimore area, they said.
The fight erupted late last year when supermarket chains owned by the Dutch retailing conglomerate Royal Ahold began demanding that employees sign a “Social Policy Guidelines” document that warned of dire consequences if workers used social media outlets like Facebook and Twitter to communicate too freely about their jobs. The grocery chains—Stop & Shop in New England/New York, Giant Food in the Mid-Atlantic, Martin’s Food Markets in Virginia, and a separate home delivery service called Peapod—threatened disciplinary action, including possible dismissal, if employees refused to sign the document or violated any of the guidelines.
For Jeff Armstrong, a five-year employee at the Giant store in Rehoboth Beach, Del., the threat of dismissal for refusing to sign was startling. “I couldn’t believe it. They called us in and made us sit down in front of a terminal. They said ‘Read this, then sign it.’ They told us you had to sign right then and there, and that if you didn’t sign, you could be fired,” Armstrong said. Feeling pressured, he reluctantly signed.
But Armstrong grew angry as he discussed the humiliating incident with co-workers and reconsidered it in his own mind. A UFCW member, he talked to his shop steward and other union representatives. Impatient for action and determined to assert his own rights, he ultimately took a courageous step and personally filed a complaint against Giant with the NLRB regional office in Baltimore.
He didn’t know it at the time, but complaints were already starting to pile up at NLRB offices. Ritchie Brooks, president of Teamsters Local 730 in Washington, D.C., was hearing stories similar to Armstrong’s from his members at a Giant warehouse in the Maryland suburbs.
“I told the guys not to sign anything. They (Giant) can’t pull this shit. It was retaliation, plain and simple. They did it (imposed the social media policy) because in 2010-2011 we fought them on the contract,” Brooks said, referring to heated contract talks in which Giant has sought to cut Teamster jobs in the area.
Brooks quickly filed an NLRB complaint and was joined by two other Teamster locals in the region that also have contracts with Giant. Filing a separate complaint was UFCW Local 400, which represents thousands of Giant employees in Maryland and Virginia. Significantly, Local 400 is also involved in nascent efforts to organize workers in the Martin’s Food Markets chain, which is one of several non-union operations under the Ahold umbrella.
Meanwhile, the same issues were coming to a head in the New York area. Tony Speelman, secretary-treasurer of UFCW Local 1500, represents about 5,500 Stop & Shop employees in New York City and its suburbs. He says he received dozens of reports from members when Stop & Shop sought to impose the social media guidelines in a way virtually identical to Giant. In March Local 1500 filed an NLRB complaint, charging that the guidelines were a violation of federal labor law and of the civil rights of workers, he said.
“ It is our belief that Stop & Shop has implemented a policy that is vague, overbroad and in violation of the civil rights of our members employed at their stores. Furthermore they did so without first bargaining with our union. That action alone is in violation of federal labor law,” Speelman stated in announcing the complaint.
If not in agreement with Speelman, Stop & Shop executives at least recognized they had a legal problem. Last month, the guidelines were withdrawn and are currently under review, Speelman says.
Contacted by Working In These Times for comment, Ahold USA spokeswoman Tracy Pawelski said the company would not make anyone available for a telephone interview to discuss the policy. Separate offices for Giant and Stop & Shop also declined to discuss the matter, and refused or ignored repeated requests for copies of the disputed guidelines. Stop & Shop spokeswoman Arlene Putterman insisted that new social media guidelines are now in effect, but wouldn’t say what they were or how they are different than those that had been withdrawn.
In any event, a settlement of the charges in NLRB’s Baltimore region appears to be imminent, according to NLRB spokeswoman Shelly Skinner. Documents have been circulated among all the parties to the complaints, Skinner said, and the NLRB is taking the position that the language of the Giant policy is overly broad. The labor agency also sees merit in the charge that the policy could chill the exercise of the employees’ protected rights, she said. Armstrong added that his understanding of the settlement is that Giant will no longer threaten dismissal for employees who refuse to sign the policy document.
For UFCW, this victory is part of a larger struggle taking place in the realm of social media, according to Amber Sparks, director of new media at the union’s international headquarters in Washington, D.C. The union is using social media, especially Facebook, as a way to connect workers with each other and their union, she said. These efforts are provoking reactions from employers like Giant who see Facebook campaigns for fair labor contracts, or new organizing initiatives, as a threat, she said.
For Armstrong, his experience has given him a unique perspective on the NLRB, which yesterday released its latest report on employer social media policies, and on the political fights that have engulfed the agency since President Barack Obama took office.
“When I read these stories about the NLRB, it makes my skin crawl,” Armstrong says. “I have nothing but the highest regard for the NLRB people I’ve worked with. There is no other agency that is there to protect employees, and that is why the companies get so upset. As far as I am concerned the NLRB people are wonderful—they are there for the employee when there is no place else to go.”
This blog originally appeared in Working in These Times on June 1, 2012. Reprinted with permission.
About the Author: Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.
Tags: Bruce Vail, Facebook, NLRB, unions Posted in Uncategorized | 2 Comments »
Monday, April 30th, 2012
Equal Employment Opportunity Commission issues major rulings.
Last week the Equal Employment Opportunity Commission released major decisions regarding the rights of two groups of workers that face frequent discrimination. On Monday, the EEOC delivered an opinion finding that Title VII of the 1964 Civil Rights Act, which bans “sex discrimination” in employment, applies to discrimination against transgender workers. On Wednesday, the EEOC approved a new set of guidelines restricting employers’ use of past criminal convictions to disqualify job applicants. Both decisions parallel, and could impact, legislative efforts already underway.
The EEOC was created by the Civil Rights Act and enforces that landmark legislation’s workplace discrimination protections. Its five commissioners are appointed by the president for five-year terms.
Transgender protections.
The EEOC’s new transgender precedent came in the case of Mia Macy, a transgender woman who says she had, as a man, applied for and been promised a job with the Department of Alcohol, Tobacco, and Firearms. When she attempted to take the job after her transition, she was told it had been given to someone else. After ATF’s Office of Equal Opportunity responded to Macy’s discrimination claim by asserting that anti-transgender discrimination was not covered by federal law, she appealed to the EEOC.
Macy’s lawyer argued that Title VII’s ban on sex discrimination applied to discrimination for being transgender. The EEOC agreed, and sent the case back to ATF with the instruction that it evaluate the case in that light. That’s in line with the steady—but by no means unanimous—trend of lower court rulings, notes Jennifer Pizer, the Legal Director of the Williams Institute at University of California Los Angeles. Pizer, a former Lambda Legal Senior Counsel, says the decision is “very significant,” because it “establishes a national understanding that discrimination in a workplace because of a person’s gender identity or expression is a form of gender discrimination.”
In an interview with Metro Weekly, Macy described the EEOC opinion as “one more piece in the puzzle of equality.”
“This isn’t discrimination because a person is male or because a person is female,” says Pizer. “It’s a subset of that discrimination against a person based on how they are male or how they are female, or whether their gender seems to be ambiguous, or whether the way they are and the way they live is consistent with what other people they should do based on what their gender appears to be.”
Pizer notes that courts used to often rule against sex discrimination claims by transgender workers on the grounds that “Congress did not have this in mind” in 1964. But more recently, judges have increasingly recognized that the protection covers “the range of ways a person might be treated differently because of their sex…If a person was qualified to the job as a man, and isn’t qualified to do it as a woman, or vice versa, that’s sex discrimination.”
Williams say there’s no good estimate of what proportion of transgender workers are known to be transgender by their employers. Some employers find out for the first time when a employee undergoes a gender transition, or when management reviews a worker’s health insurance information for an unrelated reason. When that happens, says Pizer, “a hostile reaction” is “sadly common.”
“Everybody is protected against sex discrimination,” says Pizer, “and sex discrimination includes protection against discrimination based on one’s perceived failure to confirm to sex stereotypes.”
Pizer says the EEOC’s logic would also apply to some, but not all, cases of discrimination against non-heterosexual workers: it would apply to a non-transgender lesbian woman, for example, who was treated differently because of a perceived failure to conform to “feminine” norms.
But it would not protect the same woman if she was being treated differently specifically for having, or wanting, same-sex relationships. Pizer acknowledges that’s an “odd line,” and one that could be exploited by employers. A minority of states have their own laws banning workplace discrimination based on sexual orientation.
The Employment Non-Discrimination Act, a bill to ban discrimination based on sexual orientation or gender identity, has been repeatedly introduced in Congress, though it’s drawn less attention than fights over marriage equality. In a November press conference following the announcement of his retirement, Congressman and ENDA sponsor Barney Frank named resistance to transgender protections as one of the reasons the bill has not yet passed.
Pizer says the EEOC’s ruling, which leaves transgender workers with stronger federal protections than other LGBT workers, doesn’t lessen the urgency of passing a broad ENDA, but has the potential to dull some of the opposition.
“What we’ve seen in some states,” says Pizer, “is that when courts and administrative bodies recognize that a kind of discrimination is covered by existing law, then sometimes legislators find it that much more straightforward, if you will, to codify that understanding into a statute.”
Ex-offender protections.
In a Wednesday vote, the EEOC approved a revised set of guidelines for employers regarding the use of criminal background checks in hiring. Advocates hailed the move in a Thursday conference call with reporters.
National Employment Law Project Executive Director Christine Owens said it “was really well past time” for new guidelines, given that the “terrain…had shifted so dramatically” since 1987, when the EEOC first formally recognized the “disparate impact” of such restrictions on African-Americans and Latinos.
In the 25 years since, notes Owens, the pre-employment background check industry has exploded, and the use of such checks has spread from a bare majority of the economy in 1996 to over 90 percent today. NELP has estimated that up to 65 million U.S. adults face potential job restrictions due to past offenses, including 1 in 17 white men, 1 in 7 hispanic men, and 1 in 3 black men.
Compared to its ruling recognizing anti-transgender discrimination as a form of sex discrimination, EEOC law on pre-employment background checks remains less clear: The EEOC warns that such practices can have a potentially illegal—discriminatory effect, but doesn’t consider them inherently to be a form of racial discrimination under Title VII.
Sharon Dietrich, a managing attorney for Community Legal Services of Philadelphia, says the EEOC’s move Wednesday “is not groundbreaking, but it is extremely important.” Dietrich highlighted the change in three areas. First, the EEOC is providing illustrative examples for employers of practices now likely to run afoul of the law, including firing already-hired employees purely on the basis of background checks, or automatically disqualifying all employees with criminal records in an online application. Second, it offers guidelines for how to stay within the law. Third, it advises employers to inform potential employees when ex-offender status is being weighed against them, and provides guidelines for consideration of extenuating circumstances.
Dietrich notes that private-sector employers aren’t the only ones that have been found to use background checks in a manner inconsistent with the Civil Rights Act. She says the EEOC’s new guidance means that “legislators at the state and local level cannot enact over-broad state and local laws that restrict the employment of former offenders.”
In Pennsylvania, Dietrich’s organization successfully brought suit against a state law that imposed imposed a lifetime ban on the hiring of people with a wide range of former offenses by facilities assisting senior citizens. “Anything that is a lifetime ban,” she says, “pretty clearly is in violation of EEOC’s policies, and is of really questionable legal merit.” Meanwhile, some cities have gone farther than the EEOC, passing “Ban the Box” legislation that forbids some employers from asking about criminal background on initial employment applications.
Owens and Dietrich were joined on the call by Elsie Sacarello Quiles, who says she was fired after three days working for a new school district.
“At the time,” says Sacarello, “I didn’t even remember what the charges were.” She later realized she had lost her job over a nearly four-decade-old “disorderly conduct” arrest. “I was very humiliated. I was very much ashamed, for something occurred 38 years ago, out of my ignorance as an 18-year-old…I’m pretty much at a standstill right now.”
This blog originally appeared in Working in These Times on April 30, 2012. Reprinted with permission.
About the Author: Josh Eidelson is a freelance writer and a contributor at In These Times, The American Prospect, Dissent, and Alternet. After receiving his MA in Political Science, he worked as a union organizer for five years. His website is http://www.josheidelson.com.
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Friday, April 27th, 2012
Welfare applicants aren’t the only people the courts have forced the state of Florida to stop drug testing. A federal court ruled on Thursday that Gov. Rick Scott also doesn’t get to randomly drug test 80,000 state workers.
Judge Ungaro said Mr. Scott had overreached in his executive order because there was no evidence of a large-scale problem and no reason to mandate drug tests.The governor’s drug testing requirement “does not identify a concrete danger that must be addressed by suspicionless drug-testing of state employees,” Judge Ungaro wrote. “And the governor shows no evidence of a drug-use problem at the covered agencies.”
Scott plans to appeal. Not only that, Florida may face two more drug-testing lawsuits, one over another requirement in Scott’s executive order, calling for drug testing of applicants for state jobs, and one over a law passed last month and taking effect in July, “that allows all state workers to undergo random drug testing but does not make it a requirement.” Because obviously there would be no pressure to take a drug test that you were “allowed” but “not required” to take at work.
I fully expect that soon Rick Scott will be trying to “randomly” drug test everyone to cross the border into Florida, and using state money to fight off those lawsuits, too.
*Disclaimer: The opinions of this blog are those of the author and not those of Workplace Fairness.
This blog originally appeared in Daily Kos Labor on April 26, 2012. Reprinted with permission.
About the Author: Laura Clawson is labor editor at Daily Kos. She has a PhD in sociology from Princeton University and has taught at Dartmouth College. From 2008 to 2011, she was senior writer at Working America, the community affiliate of the AFL-CIO.
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Thursday, April 26th, 2012
On this year’s Equal Pay Day, Linda Meric, the executive director of 9to5, National Association of Working Women 9to5.org, explains why pay equity is an economic plus for the United States
On April 5, 2012, Governor Scott Walker signed a repeal of Wisconsin’s 2009 Equal Pay Enforcement Act, which allowed victims of workplace discrimination to seek damages in state courts. Wisconsin was one of 44 states with laws providing remedies for employees who experience discrimination. When the bill was enacted, Wisconsin ranked 36 in the nation in gender equity; since then the state improved ten places in that ranking. Yet, instead of continued progress, Walker chose to protect companies proven to violate state law and hurt Wisconsin’s families and economy.
Wisconsin state senator Glenn Grothman, a major force behind the repeal, claims money is more important to men than to women. With misogyny taking center stage this 2012 election cycle, let’s hope we don’t see repeats of this attack on equal pay for equal work. But so far, this “war on women” has legislators voting to limit women’s control over their health, men of national and international prominence assaulting women physically and verbally with carte blanche, candidates speaking against women serving in combat, and new data proving women pay more than men for the same health insurance. And the rhetoric claiming pay discrimination doesn’t exist is growing louder.
The simple truth is that a significant pay gap exists for women and people of color. In almost all the occupations tracked by the Bureau of Labor Statistics, women earn less than men. Today, April 17, is Equal Pay Day. People across the country are protesting the pay gap that is still shortchanging women. Women were paid 77 cents for every dollar men got paid in 2010 annual earnings. For women of color, the pay gap is even wider. African American women earned 67 cents and Latinas 58 cents for every dollar earned by white males, the highest earners.
Women don’t choose to earn less. But the pay gap is affected by several factors including occupational segregation—women who work primarily with other women in undervalued, underpaid occupations. For example, women make up 97 percent of office workers, 88 percent of home health care workers, 95 percent of child care workers, and 71 percent of restaurant servers. Overall, women remain overrepresented among low-wage workers, making up an estimated 49 percent of the workforce, but 59 percent of the low-wage workforce.
Even when working in the same occupation as a man, women earn less. The same is true for workers of color compared to white workers. Women lose hundreds of thousands of dollars, up to over a million, over their careers. That means less money to make ends meet and achieve economic security for families today. It also means less retirement savings for tomorrow—earning less, there is less to save, and social security and pensions are based on earnings.
Another cause for gender wage inequity is the lack of family flexibility. Too many working women are penalized financially for family caregiving because they lack access to policies such as paid sick days and family leave. This is particularly troublesome for single low-wage earning women with children, who on average have the lowest annual income.
?And then there’s the illegal gender discrimination that still occurs. For example, recent cases against Wal-Mart, the nation’s largest employer, allege unequal pay for equal work and lack of promotional opportunities for women. These practices still happen, which makes it more important than ever to have laws on the books like the one repealed by Governor Walker, which allowed women their day in court.
Governor Walker, other elected officials and even some presidential candidates are turning back the clock on women’s rights, and putting women’s economic security in further jeopardy, at a time they should be taking steps to assist women in getting ahead and strengthen the economy.
Pay equity is good for the the nation’s financial health—it reduces poverty and stimulates the economy. It reduces stress-related health problems and health care costs. The World Economic Forum estimates closing the employment gender gap could increase U.S. GDP by up to 9 percent.
The country is leading up to an election where women will play a major role in choosing our president. Candidates need to focus on issues that are important to women. Contrary to Senator Grothman’s fictitious claims, women do care about money. So for those political candidates vying to win the women’s vote, a word to the wise: focus on pay equity and the economy. All women deserve to be paid fairly, and when they are, their families and the economy will win.
About the Author: Linda Meric is Executive Director of 9to5, National Association of Working Women. 9to5 is one of the largest national membership-based organizations of working women in the U.S., creating a powerful force for change. Founded in 1973, 9to5 empowers women to organize and lead campaigns on family-friendly workplace policies, equal opportunity and economic security issues. To learn more visit 9to5.org or call the Job Survival Helpline at 800.522.0925.
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