EEOC TRENDS AND EMERGING ISSUES

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EEOC TRENDS AND EMERGING ISSUES

• Los Angeles County Human Relations Commissions
  Corporate Advisory Committee and the
• Los Angeles Diversity Workgroup
• January 24, 2008

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EEOC REORGANIZATION

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

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NATIONAL INITIATIVESAT THE EEOC

1. SYSTEMIC INITIATIVE
2. YOUTH AT WORK INITIATIVE
3. E-RACE INITIATIVE

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EEOC SYSTEMIC INITIATIVE

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

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DEFINITION

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

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WHAT IS THE IMPACT?

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

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CAN ARISE OUT OF INDIVIDUAL CHARGES

• EEOC v. Lawrys Restaurant
• EEOC v. Palm Restaurant
• EEOC v. Robertsons Redi Mix
• EEOC v. Abercrombie Fitch
• EEOC v. State of Nevada

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E-RACE INITIATIVE

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

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NO LONGER A BLACK-WHITE PARADIGM

• LOS ANGELES FIRST TO BRING HISPANIC PREFERENCE
  CASE
• EEOC v. Farmer John
• Over 630 hires in 2 year period
• All Hispanic hires
• Turned away 7 qualified Black applicants
• Word of mouth hiring
• Lack of objective hiring procedures
• 110,000 plus four year consent decree

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YOUTH AT WORK INITIATIVE

• Launched September 21, 2004 to promote equal
  employment opportunity for the nations next
  generation of workers
• Focuses on education and workplace rights and
  responsibilities
• Helps employers create positive first work
  experiences for young adults
• Training by young adults for young adults at
  schools

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STATISTICS ON THE YOUTH

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

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THREE GOALS

1. Empowering youth to understand their workplace
   rights and responsibilities
2. Partnering with employers to promote fair and
   inclusive workplaces and
3. Building alliances with parents and educators.

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FOOD INDUSTRY REMAINS A PROBLEM

• EEOC v. Quiznos 200,000
• EEOC v. Pizza Hut 360,000 with Consent Decree
• EEOC v. Valentino 600,000 with three year
  Consent Decree
• EEOC v. Scolari Food and Drug
• EEOC v. Specialty Restaurants

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CHARGE FILINGS IN 2007

• EEOC LA COUNTY
• TITLE VII 77
• ADEA 31
• ADA 17
• DFEH
• FEHA 56.6
• AGE 18.2
• DISABILITY 25.7

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BREAKDOWN OF TITLE VII CHARGES FOR 2007

• RACE 41.2
• RETALIATION 33.6
• SEX 27
• NATIONAL ORIGIN 21
• RELIGION 6
• OTHER 4

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INCREASE IN ADEA CHARGES
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ADA TRENDS
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RACE CHARGES ABOVE THE NATIONAL AVERAGE IN LOS
ANGELES COUNTY
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EEOCS SEX CHARGES REMAIN STEADY WHILE DFEH SEES
DRAMATIC DECREASE
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NATIONAL ORIGIN CHARGES IN LOS ANGELES COUNTY
ALMOST DOUBLE THAT OF THE NATIONAL AVERAGE
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RETALIATION CHARGES FOR LOS ANGELES COUNTY
INCREASED IN 2007
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RACIAL EPITHETS NOT HANDLED PROPERLY

• EEOC V. EARL SCHEIB AUTO BODY
• 375,000 and consent decree
• called the n word and boy
• EEOC v. HOMESTORE
• Supervisor admitted to using n word
• Distinguished as n...a and not ner

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BARRIERS TO WOMEN STILL REMAIN A PROBLEM IN
CERTAIN INDUSTRIES

• HIGH END RESTAURANTS
• EEOC v. Parker Palm
• EEOC v. Palm Restaurant
• TRUCKING
• EEOC v. Robertson's Redi Mix
• LABORERS
• EEOC v. Recon

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BARRIERS STILL EXIST FOR PREGNANT WOMEN

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

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RETALIATION

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

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OPPORTUNITIES STILL CLOSED TO THE DISABLED

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

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ANTI-IMMIGRANT SENTIMENT MANIFEST INNATIONAL
ORIGIN CASES

• EEOC v. WESTERN CASEWORKER
• Latino workers
• Hit with 2x4
• Shot with nail gun
• Called wetback and beaner
• Consent Decree for 600,000
• EEOC v. U-HAUL
• Workers called wetback beaner
• EEOC v. BRAKE DEPOT
• Wetback and beaner English Only Policy
• EEOC v. ROYAL WOOD
• English Only Policy applied only to Hispanic
  employees

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EEOCS POSITIONON IMMIGRANT STATUS

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

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EEOCS NATIONAL POSITION

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

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SEXUAL ASSAULTS ARE ON THE RISE

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

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SEXUAL ASSAULTS ALLEGED IN MANY SEX HARASSMENT
CASES

• EEOC v. ABM
• EEOC v. Rome Research
• EEOC v. Consolidated Realty
• EEOC v. World Service West
• EEOC v. Hometown Buffet
• Significant increase in rape cases under
  investigation

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EMERGING ISSUE HUMAN TRAFFICKING and SLAVERY

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

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People are trafficked into

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

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TRENDS

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

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EEOC v. TRANS BAY STEEL

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

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EEOC v. TRANS BAY STEEL CONTD

• Passports and visas withheld
• Kept in two cramped apartments
• No water
• No gas
• No electricity
• No beds
• Threatened
• Forced to work 14 hour days 6 days a week
• No pay
• Escaped to Thai Temple

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RESOLUTION

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

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EEOC V. TRANS BAY STEEL CONTD

• T-Visas and deferred actions for others
• Reunification with families for some
• New life
• Freedom

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EMPLOYMENT OR REFERRAL AGENCIES

• Use of a referral or employment agency does not
  shield an employer from liability
• Joint employer
• Non-delegable duty under Title VII

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EEOC v. JOHN PICKLE CO.

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

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WHAT IS THE CASE ABOUT?

• Workers were brought in from India and Kuwait to
  purportedly train employees
• Came in under HB-1 and HB-2 visas
• Paid 2 to 3 per hour
• Restricted movement
• Locked inside barracks
• Passports and visas withheld

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EEOC v. JOHN PICKLE CO.

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

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EEOC v. JOHN PICKLE CO.

• EEOC won at trial
• Court awarded over 1.2 million and specifically
  over 600,000 under Title VII for compensatory
  and punitive damages

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PITFALLS THAT CAUSED THE EEOC TO SUE

• Ineffective policies and procedures remain a
  problem
• lack of training for new managers on hiring
  procedures or handling of complaints
• lack of effective avenues to complain
• language a barrier
• no monitoring or analysis after a complaint

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PITFALLS CONTD

• Lack of supervisor or manager accountability
• Human resources not informed of complaints
• No incentive or disincentives for managers or
  supervisors to follow procedures
• Weak procedures or protocols

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PITFALLS CAN BE AVOIDED THROUGH PROACTIVE
PREVENTION

• Create monitoring system and really monitor
• Hold supervisors and managers accountable
• Dont be afraid to find there is a problem so
  long as you address it head on
• Meaningful proactive training
• Audits advised during time of change in workforce

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THE WORKPLACE IS A MICROCOSM OF THE WORLD WE LIVE
IN

• Continuing war in Iraq impacts Arab/Southeast
  Asians and Muslims
• EEOC v. Norwegian cruise lines
• Post 9-11 monitoring by the EEOC
• Anti-immigrant sentiments manifest as national
  origin cases

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CONCLUSION

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