New Obama Administration Affirmative Action Guidance Highlights Organization’s Need To Tighten Nondiscrimination Practices

HR Key Player In Managing Rising Race & Other Discimination Suits Under Obama Administration Justice Department

The Obama Administration’s December 2 announcement of its revocation and replacement of Bush Administration policies on affirmative action in education highlights the heightened aggressiveness under the Obama Administration on the implementation, interpretation and enforcement of race, sex, disability, national origin and other federal discrimination and Civil Rights laws.

The new guidance discussed in more detail at http://wp.me/p1hsKH-1k makes clear the Administration’s view that schools can and should be doing more to promote integration and other affirmative action efforts in the schools and other organizations.  It also gives a number of examples of the types of steps that the Administration believes schools should be pursuing.  While specifically directed in schools, it provides insights about the affirmative action expectations of the Administration that merit notice by all public and private organizations and businesses.

The Justice Department under the Obama Administration in making discrimination in schools and other state and local agencies as well as by private businesses a priority.  For instance, in addition to tightening and enforcing race discrimination laws, the Justice Department on November 23, 2011 sued the University of Nebraska at Kearney (UNK), the Board of Regents of the University of Nebraska and employees of UNK for violating the Fair Housing Act by discriminating against students with disabilities. 

These and other activities are part of a growing number of regulatory and enforcement actions under the Obama Administation that illustrate the growing risk created for private and public organizations by failing to manage compliance with discrimination or other civil rights laws in the conduct of their business operations, as well as employment practices.

While most governmental agencies and businesses recognize the need to manage compliance with discrimination laws in their employment practices, many fail to adequately recognize and provide policies, management controls and training to maintain compliance with federal discrimination laws prohibiting discrimination in dealing with customers, vendors or other swith whom they do business. 

 Human resources and other management leaders should position their organizations to guard against rising enforcement of these laws by updating policies, oversight and training to ensure that their workers and business partners recognize and know how to conduct themselves properly to fulfill responsibilities with whom the business deals who may be protected under Federal or state race or other discrimination laws.  In addition to adopting and training workers on policies requiring compliance with these laws, businesses should include contractual provisions requiring compliance with these laws in leases and other relevant business contracts.  Most businesses also may want to provide and post information about processes that customers or others who may have a concern about potential prohibited discrimination to position the business to address concerns that otherwise might go unnoticed until they arise to the level of an agency or other legal  complaint.

If you need assistance in conducting a risk assessment of or responding to a challenge to your organization’s existing policies or practices for dealing with the issues addressed in these publications or other compliance, labor and employment, employee benefit, compensation, internal controls or other management practices, contact attorney Cynthia Marcotte Stamer.

For Added Information and Other Resources

If you found this update of interest, you also may be interested in reviewing some of the other updates and publications authored by Ms. Stamer available including:

• Businesses Face Rising Disability Discrimination Enforcement Risks
• 97 Months Prison Sentence For Virginia Businessman Shows Risks of Misleading Investors
• IRS Announces 2012 Cost of Living Increases For Employee Benefit Contributions & Benefits Limits
• Unions Gaining New Power From National Labor Relations Board’s New Activism
• HIPAA Alert! OCR 1st HIPAA Privacy, Security & Breach Notification Compliance Audits Begin
• Labor Secretary Comments Highlight Federal Protections & Resources To Support Veteran’s Employment Rights  
• IRS Exempts Enrolled Retirement Plan Agents From PTIN Requirement
• IRS Updates Meal, Travel Reimbursement & Deduction Rules  
• IRS Publishes More Guidance For Tax Preparers On Preparer Tax Identification Number  
• Plans & Investment Advisors Get Flexibility To Give Investment Advice To 401(k) & Other Individual Account Plan Participants & Beneficiaries 
• IRS To Waive User Fee On Certain Plan Qualification Determination Applications 
• EBSA Plans To Include Health Care Reform Compliance In Health Plan Audits Beginning In FY 2012; Disputes OIG Criticism Of ACA Enforcement Efforts 
• Affordable Care Act Pre-Existing Coverage Plan Only Covered About 39,000 of Millions Denied Private Coverage As of August 1, 2011
• New IRS Voluntary IRS Settlement Program Offers New Option For Resolving Payroll Tax Risks Of Misclassification But Employers Also Must Manage Other Legal Risks 
• HHS Projects Medicare Advantage Enrollment Will Rise As Premiums Decline In 2012; Plans Face Increased Regulation & Enforcement-SLP
• Stamer Named Fellow In American College of Employee Benefits Counsel
• Unions Get New Tool As NLRB Changes Bargaing Units Certification Rules For Non-Acute Health Care Facilities
• ABA TIPS Section Appoints Cynthia Marcotte Stamer Vice Chair of Employee Benefits General Committee
• Affordable Care Act To Require Health Plans Cover Contraception & Other Women’s Health Procedures In 2012  
• Company Executives, Plan Sponsors & Others May Face Personal Liability When Others Defraud Plans or Mismanage Employee Benefit Plan Responsibilities
• EEOC Finalizes Updates To Disability Regulations In Response to ADA Amendments Act: Employers Should Manage Risks
• Extended Grace Period For Some, But Not All New Affordable Care Act Health Claims & Appeals Rules Gives Qualifying Plans, Insurers Limited & Imperfect Relief
• NLRB Settlement Shows Care Necessary When Employers Use Social Networking & Other Policies Restricting Employee Communications
• Wage & Hour Law Settlements Highlight Rising Wage & Hour Risks of U.S. Employers
• OCR Requires Rhode Island DHS To Provide Translation, Other Services For Limited English, Other Language Impaired Accommodations

For Help Or More Information

If you need assistance in auditing or assessing, updating or defending your organization’s compliance, risk manage or other  internal controls practices or actions, please contact the author of this update, attorney Cynthia Marcotte Stamer here or at (469)767-8872.

Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, management attorney and consultant Ms. Stamer is nationally and internationally recognized for more than 24 years of work helping employers and other management; employee benefit plans and their sponsors, administrators, fiduciaries; employee leasing, recruiting, staffing and other professional employment organizations; and others design, administer and defend innovative workforce, compensation, employee benefit  and management policies and practices. Her experience includes extensive work helping employers implement, audit, manage and defend union-management relations, wage and hour, discrimination and other labor and employment laws, privacy and data security, internal investigation and discipline and other workforce and internal controls policies, procedures and actions.  The Chair of the American Bar Association (ABA) RPTE Employee Benefits & Other Compensation Committee, a Council Representative on the ABA Joint Committee on Employee Benefits, Government Affairs Committee Legislative Chair for the Dallas Human Resources Management Association, and past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, Ms. Stamer works, publishes and speaks extensively on management, reengineering, investigations, human resources and workforce, employee benefits, compensation, internal controls and risk management, federal sentencing guideline and other enforcement resolution actions, and related matters.  She also is recognized for her publications, industry leadership, workshops and presentations on these and other human resources concerns and regularly speaks and conducts training on these matters. Her insights on these and other matters appear in the Bureau of National Affairs, Spencer Publications, the Wall Street Journal, the Dallas Business Journal, the Houston Business Journal, and many other national and local publications. For additional information about Ms. Stamer and her experience or to access other publications by Ms. Stamer see here or contact Ms. Stamer directly.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources at www.solutionslawpress.com.

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©2011 Cynthia Marcotte Stamer.  Non-exclusive right to republish granted to Solutions Law Press.  All other rights reserved.