EEOC Unveils Webpage on Systemic Discrimination Enforcement - ESR NEWS

EEOC Unveils Webpage on Systemic Discrimination Enforcement - ESR NEWS


EEOC Unveils Webpage on Systemic Discrimination Enforcement - ESR NEWS

Posted: 12 Jan 2021 06:14 AM PST

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Written By ESR News Blog Editor Thomas Ahearn

On January 8, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled a new webpage on its website – "Systemic Enforcement at the EEOC" – that explains the use of administrative and litigation tools used to identify and pursue systemic discriminatory practices, according to an EEOC press release.

The webpage provides transparency about how the EEOC approaches systemic discrimination enforcement, provides background on how the EEOC determined that systemic enforcement is effective, explains how the EEOC determines what is systemic discrimination, and details the process of conducting a systemic case.

The EEOC defines "systemic" cases as "pattern or practice, policy and/or class cases where the discrimination has a broad impact on an industry, profession, company or geographic location." While systemic discrimination can affect significant numbers of employees or job applicants, it can also impact small numbers as well.

"The EEOC is strongly committed to making our processes fully transparent and useful to the public," EEOC Chair Janet Dhillon stated in the press release. "Systemic enforcement is an important mechanism the Commission uses to remedy discrimination that has broad impacts on industries, professions, or geographic areas."

In November 2020, ESR News reported that the EEOC published its annual Fiscal Year (FY) 2020 Agency Financial Report that showed the EEOC secured a record amount of recovery of more than $535 million for victims of workplace discrimination during Fiscal Year 2020 from October 1, 2019, to September 30, 2020.

The EEOC is a government agency that advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information about the EEOC is available at www.eeoc.gov. The "Systemic Enforcement at the EEOC" webpage is available at www.eeoc.gov/systemic-enforcement-eeoc.

Employment Screening Resources® (ESR) – which was named the #1 screening firm by HRO Today – complies with the EEOC's "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act." To learn more about ESR, visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

© 2021 Employment Screening Resources® (ESR) – Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

Gig workers and unions sue in California Supreme Court to have Prop 22 overturned - The Washington Post

Posted: 12 Jan 2021 11:59 AM PST

The suit, filed by Service Employees International Union and a group of ride-hailing drivers, asks the state Supreme Court to invalidate Prop 22, which cemented gig driver's status as independent contractors after more than 58 percent of voters supported it in November. They argue the measure limits state legislators' ability to implement a system of workers' compensation in defiance of their constitutional authority to do so. It also argues that the proposition unconstitutionally defines what comprises an amendment to the measure, as well as violating a rule limiting ballot measures to a single subject to prevent voter confusion.

The Protect App-Based Drivers and Services coalition, which represents gig companies such as Uber, Lyft and Doordash, criticized the lawsuit in a statement attributed to Uber driver Jim Pyatt, an activist who has worked in favor of Prop 22.

"Nearly 10 million California voters — including the vast majority of app-based drivers — passed Prop 22 to protect driver independence, while providing historic new protections," said Pyatt, of Modesto, who is retired and drives for Uber. "Voters across the political spectrum spoke loud and clear, passing Prop 22 in a landslide. Meritless lawsuits that seek to undermine the clear democratic will of the people do not stand up to scrutiny in the courts."

It's the latest turn in a heated saga that kicked off in 2019 when state legislators approved a law, known as Assembly Bill 5, that classified certain categories of gig workers as employees. Gig companies Uber and Lyft argued the law did not apply to them, but the courts sided with state and local officials, requiring the companies to classify drivers as employees. Meanwhile, the ride-hailing firms and food delivery giants such as DoorDash mounted a more than $200 million campaign, Prop 22, to fight the law. It aimed to provide limited benefits such as a wage promise and health insurance stipend in exchange for classifying drivers as independent, barring them from employee protections such as sick pay and workers' compensation.

The groups that filed the suit, which also include SEIU California State Council, took particular issue with the measure's inclusion of a provision requiring a seven-eighths legislative supermajority to amend and even define what constitutes an amendment. That authority, they say, is vested with the courts.

The lawsuit blasts the measure's drafters as having "impermissibly usurped this Court's authority to 'say what the law is' by determining what constitutes an 'amendment.'" Further, they argued, they violated the single-subject rule by "burying these cryptic amendment provisions on subjects not substantively addressed in the measure, and in language that most voters would not understand."

They said they were suing in the state Supreme Court rather than a lower court because the issues were of broad public importance and required a speedy resolution to minimize harm to gig workers.

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