Welcome to Diversity Briefings: 10/20/2010
Volume 1, Issue 2
Group Klopfer Diversity Consulting
Group Klopfer Diversity Consulting
Susan Klopfer, editor and publisher
Today’s Topics: mental health and disability, effective leaders, ADA & anti-discrimination, citizenship & immigration, “BFOQ,” Credit histories and hiring, mandatory harassment prevention training, EEOC & credit history, Diversity Management Tip of the day
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***The Justice Department announced that it has entered into a comprehensive settlement agreement that will transform the state of Georgia’s mental health and developmental disability system and resolve a lawsuit the United States brought against the state.
The lawsuit alleged unlawful segregation of individuals with mental illness and developmental disabilities in the state’s psychiatric hospitals in violation of the Americans with Disabilities Act and the Supreme Court’s landmark decision in Olmstead v. L.C. Assistant Attorney General Tom Perez called the agreement "the most comprehensive settlement that the Department has ever reached in an Olmstead case."
To continue “Justice Department Obtains Comprehensive Agreement Regarding the State of Georgia’s Mental Health and Developmental Disability System,” click here.
http://www.justice.gov/opa/pr/2010/October/10-crt-1165.html
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***What makes an effective leader? Many diversity experts say that self-awareness is at the heart of strong leadership, and that good leaders stay ahead by working on improving themselves.
An important key is committing oneself to the lifelong practice of self-understanding and comprehending the diverse world around us. No matter how hard a person tries, we all have biases; we discriminate without even recognizing what we are doing.
William Sonnenschein, a noted diversity expert and author, suggests overcoming this tendency by "waking up tomorrow morning" and "try wondering what prejudice you will discover during the day, what assumption you will make that will be proven wrong, what bias will affect your day."
To continue "Effective Diversity Management Starts From Within - Self-Awareness Is Key" click here.
http://bit.ly/bTa2s9
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***ADA differs from most other anti-discrimination laws in a significant way: it mandates more than "equal" treatment to ensure equal employment opportunity for individuals with disabilities.
The term "discriminate" includes "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business...."
To continue “The Benefits and Privileges of Reasonable Accommodation,” click here
http://shawvalenza.com/publications.php?id=283
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***As of October 15, 2010, U.S. Citizenship and Immigration Services (USCIS) has received only 42,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and just 15,700 of the 20,000 visa petitions needed to meet the U.S. master’s degree cap, according to updated information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2011 (beginning October 1, 2010).
To continue “USCIS Releases Updated Information on Filed H-1B Petitions,” click here
http://www.jacksonlewis.com/resources.php?NewsID=3430
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Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex and other criteria. But there are some defenses to discrimination. One of these is the "BFOQ" or bona fide occupational qualification.
To continue “Ninth Circuit Explains "BFOQ" Defense in Sex Discrimination Case”
Click here
http://shawvalenza.blogspot.com/2010/09/ninth-circuit-explains-bfoq-defense-in.html
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In 2011, most employers with California operations will have to retrain their supervisory employees on preventing unlawful harassment. California passed A.B. 1825 in 2004, requiring that employers provide harassment prevention training every two years.
To continue “How Legal Trends Will Impact Mandatory Harassment Training for 2011 in California,” click here
http://www.littler.com/PressPublications/Lists/Insights/DispInsights.aspx?id=160
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More Notes
EEOC looks into using credit histories in hiring
The federal Equal Employment Opportunity Commission will look into the practice of using credit histories to screen employees. The hearings will be held in Washington, D.C. today. Check the Federal Register announcement which provides a phone number for the hearing officer.
http://edocket.access.gpo.gov/2010/pdf/2010-25869.pdf
The House Financial Services Committee recently held hearings on H.R. 3149, the Equal Opportunity for All Act, which would amend the Fair Credit Reporting Act to outlaw reliance on consumer credit reports by employers in making employment decisions, including hiring.
http://www.dcemploymentlawupdate.com/2010/09/articles/discrimination-in-the-workplac/house-committee-holds-hearing-on-bill-limiting-employment-credit-checks/
Diversity Management Tip of the Day
"Say what?"
As soon as she left the graduation stage, diploma in hand, Jill received a whisper from her favorite professor, "Remember to be aware of the prevailing corporate culture, wherever you go."
Jill paused to wonder just what the professor was talking about, faintly recalling the word "culture" from her organizational sociology class.
Her professor was only concerned that her best student might have a tough time "fitting in" at any company in this rural, conservative state. Jill, an arty person, wears self-designed clothing, sports a tattoo and remains culturally close to her Louisiana Creole roots, reflected in her mixed language.
To continue “Managing and Valuing Diversity, The Top Talent Will Come To You” click here.
http://ezinearticles.com/?Value-and-Manage-Diversity---The-Top-Talent-Will-Come-To-You&id=5226960
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