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2001/2002
COUNCIL OFFICERS ELECTED AT THE NOVEMBER 28, 2000 MEETING. Co-Presidents: Jorge E.
Ponce and Delia Johnson (for their biographies, go to the Ponce and the Delia files); Vice-Chairs:
Era Marshall and Ana Ortiz; Secretary: Carmen Duncan and Robert
Poindexter.
508 REGULATIONS. These regulations, which require that
any electronic and information procured by the Federal government be accessible
to people with disabilities, will become effective on June 21, 2001. You should get your procurement and
information technology departments involved with this initiative. For additional information, check the
Department of Justice’s 508 webpage at http://www.usdoj.gov/crt/508/508home.html. On April 25, 2001, the final 508 rule
was published at http://www.section508.gov/docs/Final99607A.htm.
ACCENT
DISCRIMINATION DECISION. The following EEOC decision is
very important to Hispanic Americans, who frequently are not promoted
because of management's concerns with their accents when speaking
English. The write-up that follows is taken from the EEOC's Digest of
EEO Law, Vol XIII, No. 2, Spring Quarter 2002. To view the full decision,
go to http://www.eeoc.gov/decisions/01a02572.txt. Direct evidence found. Stone v.
Department of the Treasury (Bureau of Public Debt), EEOC Appeal No.
01A02572 (July 6, 2001), request to reconsider denied, EEOC Request No.
05A11013 (January 10, 2002). EEOC regulations make it illegal to deny
an individual equal opportunity because of the “linguistic characteristics
of a national origin group.” See 29
C.F.R. 1606.1. EEOC has previously
held that an employee’s foreign accent can be used to take an adverse
employment decision only when an employee’s “foreign accent interferes
materially with the job performance.”
See Daly v. U.S. Postal Service, EEOC Appeal No. 01933547 (Sept. 14,
1993).
Affirmative Action Cases:
For two recent court cases, from the U.S. District Court, W.D. Wisconsin,
that stand for the proposition that race or gender cannot be used as a
determining factor in a hiring or promotion decision, see: Hill v. Ross,
Case No. 98-3942, decided on June 23, 1999, and Ready v. Board of
Regents, Case No. 97-0310-C, decided on July 27, 1999. For those
wishing to view the Ross case, we refer you to: http://lw.bna.com/lw/19990713/983942.htm.
COUNCIL CHARTER. To view it, go to the Charter
08 2001 file.
COURT RULES ENGLISH-ONLY RULE UNLAWFUL. To read more on this issue, go to EnglishOnly.
Disability.99: includes information about
three disability decisions that the Supreme Court decided on June 22, 1999.
DIVERSITY. For great words of wisdom for those teaching
diversity, see the Diversity101 file.
DIVERSITY PLANS. To view the one prepared
by the Department of the Interior, as well as those from other federal and
private-sector agencies, go to http://www.doi.gov/diversity/7plan.htm.
EEOC ISSUES ON
OCTOBER 20, 2000, POLICY GUIDANCE ON EXECUTIVE ORDER 13164 TO ESTABLISH
PROCEDURES TO FACILITATE REASONABLE ACCOMMODATION. To view new policy guidance, go to http://www.eeoc.gov/docs/accommodation_procedures.html. To view E.O. 13164, which requires
federal agencies to set up written procedures for processing requests for
reasonable accommodation, go to 13164. On February 8, 2001, EEOC issued its
own internal procedures for providing reasonable accommodation for EEOC
employees and applicants with disabilities, which can viewed at http://www.eeoc.gov.
EXECUTIVE ORDER IS ISSUED ON JUNE 7, 1999. The purpose of E.O. 13125 is to increase
the participation of Asian Americans and Pacific Islanders in Federal
programs. To view, go to the AAPI file.
EXECUTIVE ORDER 13162 ISSUED IN JULY 2000 CREATING A
FEDERAL CAREER INTERN PROGRAM. To see a copy of the
Executive Order, go to the E.O.13162 file.
EXECUTIVE ORDER ISSUED ON JULY 26, 2000.
To view E.O. 13163, which aims to increase the employment of 100,000
qualified individuals with disabilities in the federal sector over the next
5 years, go to the 13163 file.
EXECUTIVE ORDER ISSUED ON AUGUST 11, 2000. To view E.O. 13166, which aims to improve access
to services for persons with limited English proficiency, and its Justice
Department policy guidance, go to http://www.usdoj.gov/crt/cor. HHS becomes the first federal agency to
publish guidance on this E.O., which you can view at http://www.hhs.gov/ocr/lep.
GAO REPORT RELEASED ON MARCH 16, 2001. Title of this report is Senior Executive
Service; Diversity Increased in the Past Decade (GAO-01-377). This document contains important
information on the minority breakdown at various federal agencies. To retrieve, go to http://www.gao.gov, click on the GAO Reports
directory.
GAO REPORT ISSUED ON MAY 15, 2001. Title of this report is
Human Capital: The Role of Ombudsmen in Dispute Resolution
(GAO-01-466). The report provides a
perspective on the role ombudsmen play in resolving issues in the federal
workplace. The report discusses
standards and core principles for ombuds and present illustrations of how
an ombudsman office works in the everyday world and the results that can be
achieved. To view the report, go to
http://www.gao.gov, and click on the GAO
Reports directory.
Gibson.99 details the latest Supreme Court
decision on compensatory damages.
GREAT WEBSITES. Contains legal decisions, laws,
regulations, etc. Go to http://www.geocities.com/CapitolHill/7106/indexnew.html#SIG
and http://208.240.130.45/eeoc.htm.
HISPANIC
EXECUTIVE ORDER 13171 ISSUED.
To view it, click on ProclamationHis. To review an article reacting to the new
Executive Order, click on Reaction.
HHS PLAN FOR
EMPLOYMENT OF PEOPLE WITH DISABILITIES. Available for viewing at http://www.hhs.gov/topics/disability.
Should you have any questions or require further information, please do not
hesitate to contact Special Emphasis and Disabilities Program Manager
Barbara Y. Iba on (202) 690-7848.
JUNE 12, 2000 SUPREME COURT DECISION LOWERS
BAR FOR JOB BIAS SUITS. To read a copy of Reeves v.
Sanderson Plumbing Products, Inc., go to http://supct.law.cornell.edu/supct/pdf/99-536P.ZO
and to http://supct.law.cornell.edu/supct/html/99-536.ZS.html.
MSPB FAVORS THE ELIMINATION OF THE LUEVANO
APPOINTING AUTHORITIES. For a discussion of these authorities, and a
proposal from the Merit Systems Protection Board to abolish them, go to the
MSPB file.
NEW EXECUTIVE ORDER. To view Executive
Order 13036, issued on June 23, 2000, on nondiscrimination in federal
conducted education and training programs, go to the EO13036
file.
NEWS FROM OPM and EEOC. To get your
copy of OPM’s Plan and Employment Guide for Employment of People with
Disabilities, go to http://www.opm.gov.
To see the EEOC changes to the 1614 regulations to comply with Supreme
Court rulings on employer liability for harassment by supervisors, see the Harassment file.
NONDISCRIMINATION
POLICIES. To view these from most federal agencies, go to http://www.fedglobe.org/index.html,
and click the Workplace Issues directory.
OPM RELEASES NEW DIVERSITY GUIDE. To
review it, go to http://www.opm.gov/diversity/guide.htm.
OPM SIDES WITH
THE COUNCIL. OPM decided
to leave the 260 intact, instead of splitting up the affirmative action
functions into the 201 family, and the complaint functions into the 1800
family. To view the OPM document,
go to http://www.opm.gov/fedclass/html/whatsnew.htm,and
click on the file dealing with the Human Resources Management (GS-201)
file.
Orientation.99 contains information
about sexual orientation guide.
PRESENTATION
MADE AT THE 20002 FDR CONFERENCE BY COUNCIL MEMBERS. To view
it, go to the ChallengesFacingEEODirectors
file.
Racial Profiling
Report. To view this
report, issued in January 2000 by the Department of Energy’s Task Force
Against Racial Profiling, go to http://www.diversityinc.com/DOEreport.pdf.
REASONABLE ACCOMMODATION POLICY DUE TO EEOC ON JULY 26,
2001, PER EXECUTIVE ORDER 13164. EEOC has published its own policy, which can be viewed at http://www.eeoc.gov. Moreover, on October 30, 2000, the
National Defense Authorization Bill granted the Department of Defense’s
Computer/Electronic Accommodation Program (CAP) the authority to provide
free assistive technology and services to any federal department upon
request of the federal agency. To
get more information on the latter, go to http://www.tricare.osd.mil/cap.
RECLASSIFICATION OF THE 260 (EEO) SERIES.
For a discussion of this topic, go to the 260
file.
TWENTY FEDERAL AGENCIES ISSUED A FINAL TITLE IX RULE ON
AUGUST 30, 2000. To view rule, go to http://www.usdoj.gov/crt/cor/genlaw/t9final.htm.
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