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Baruch College EXECUTIVE ORDER 11246 AFFIRMATIVE ACTION PLAN (AAP)
Baruch College EXECUTIVE ORDER 11246 AFFIRMATIVE ACTION PLAN (AAP) September 1, 2017– August 31, 2018 PARTS I-VIII: AAP FOR MINORITIES AND WOMEN PART IX: AAP FOR INDIVIDUALS WITH DISABILITIES AND PROTECTED VETERANS Contact: Mona Jha, Esq. Chief Diversity Officer Baruch College One Bernard Baruch Way, Box C-204 New York, New York 10010 This is plan is available for public review at: http://www.baruch.cuny.edu/president/affirmativeaction.html The College has prepared this document in Accessible PDF format, available upon request. Please inform the Chief Diversity Officer at (646) 312-4538 if you require assistance with reading this document due to a disability Table of Contents I. INTRODUCTION ................................................................................................................................ 4 A. COLLEGE OVERVIEW .............................................................................................................................................. 4 B. HISTORY ................................................................................................................................................................. 5 C. MISSION ................................................................................................................................................................. 5 D. ORGANIZATION CHART .......................................................................................................................................... 5 II. NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICIES........................................................ -
Exploring the Limits of Executive Civil Rights Policymaking
Oklahoma Law Review Volume 61 Number 1 2008 Exploring the Limits of Executive Civil Rights Policymaking Stephen Plass St. Thomas University, [email protected] Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Civil Rights and Discrimination Commons, Law and Race Commons, and the President/ Executive Department Commons Recommended Citation Stephen Plass, Exploring the Limits of Executive Civil Rights Policymaking, 61 OKLA. L. REV. 155 (2008), https://digitalcommons.law.ou.edu/olr/vol61/iss1/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. EXPLORING THE LIMITS OF EXECUTIVE CIVIL RIGHTS POLICYMAKING STEPHEN PLASS* Racial equality for blacks remains a minefield issue for American presidents. Any position a president takes is bound to alienate someone. As a result, even a well-meaning president such as Bill Clinton has had to tread very carefully when addressing this topic.1 Popular attitudes shaped by the powerful continue to dictate the extent to which presidents are able to confront continuing racial discrimination and its legacy of inequality in American life.2 Although many laws ordaining racial equality have been written, discrimination remains a normal part of life in America. This reality makes the President’s role in this area almost as difficult -
Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and Implementing Regulations at 41C.F.R
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses 1. Remedies. a. Contracts for more than the simplified acquisition threshold ($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A. All remedies are stipulated in the Purchase Order Terms and Conditions. b. Applicability: This requirement applies to all FEMA grant, cooperative agreement programs, and City contracts that are funded through federal awards and grants. 2. Termination for Cause and Convenience. a. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, ¶ B. b. Applicability. This requirement applies to all FEMA grant, cooperative agreement programs, and City contracts that are funded through federal awards and grants. The Termination for Cause and Convenience is in the City’s Purchase Order Terms and Conditions. 3. Equal Employment Opportunity. a. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. -
Request for Qualifications and Proposals
REQUEST FOR QUALIFICATIONS AND PROPOSALS for HYDROLOGICAL, BIOLOGICAL, BOTANICAL, CULTURAL, AND COST PLANNING STUDY for the FORBES CREEK NEIGHBORHOOD IMPROVEMENT PROJECT CITY OF LAKEPORT Doug Grider, Public Works Director City of Lakeport 225 Park Street Lakeport, CA 95453 Funded by Community Development Block Grant Program February 22, 2021 Table of Contents I. BACKGROUND...................................................................................................................2 A. Introduction .................................................................................................................................... 2 B. Background .................................................................................................................................... 2 II. PROJECT DESCRIPTION .............................................................................................2 III. SCOPE OF WORK. .........................................................................................................3 IV. PROPOSAL REQUIREMENTS .....................................................................................5 A. Identification of Prospective Consultant ........................................................................................ 5 B. Management ................................................................................................................................... 5 C. Personnel ....................................................................................................................................... -
Association of American Law Schools Section on Labor Relations and Employment Law: Tributes Honoring Senior Law Professors
ASSOCIATION OF AMERICAN LAW SCHOOLS SECTION ON LABOR RELATIONS AND EMPLOYMENT LAW: TRIBUTES HONORING SENIOR LAW PROFESSORS A TRIBUTE HONORING JAMES E. JONES, JR.* Professor Vicki Schultz**: Good morning. I'm Vicki Schultz, the 2004 Chair of the Labor and Employment Law Section of the Association of American Law Schools. Last year, my predecessor, Professor Roberto Corrada, initiated a practice of having our section honor someone who has made a significant contribution to our field. This morning, it is my great pleasure to be able to honor my dear friend and colleague James E. Jones, Jr., the Nathan P. Feinsinger Professor of Labor Law, Emeritus at the University of Wisconsin Law School and the School of Labor and Industrial Relations. There is so much to say about this brilliant and big-hearted man; I can't even begin to cover his many achievements in the time available. So, let me simply touch on a few of his most significant contributions to the law, the field, and the university he loves so much, and to his students and colleagues, who, in turn, love him so much. I. DEVELOPING EARLY AFFIRMATIVE ACTION LAW Before he joined the legal academy, Professor Jones had already had a significant career in the United States Department of Labor. He began as a legislative attorney, progressed to Counsel for Labor Relations, Director of the Office of Labor Management Policy Development, and then became Associate Solicitor, Division of Labor Relations and Civil Rights in the Office of the Solicitor of Labor. During that phase of his career, Professor Jones played an important role in developing and defending the emerging concept of affirmative action in employment. -
Are Caas Federal Contractors and Do They Need Affirmative Action Plans?
Are CAAs Federal Contractors and Do They Need Affirmative Action Plans? September 2007, CAPLAW Update By Rafael Munoz, CAPLAW Some Community Action Agencies (CAAs) have received notification from the U.S. Department of Labor (DOL) that the Office of Federal Contract Compliance Programs (OFCCP) will conduct a review of their compliance with a number of laws applicable to federal contractors, including requirements for affirmative action plans. Other CAAs have received a DOL “Equal Opportunity Survey” of federal contractors. Before responding to these communications, CAAs should review all of their grants and contracts to determine whether they are in fact “federal contractors” subject to OFCCP jurisdiction. In most cases, CAAs are not federal contractors and a letter to that effect should be sent to DOL. In addition, state contracts for Community Services Block Grant (CSBG), Low-Income Home Energy Assistance Program (LIHEAP), Weatherization and other “pass-through” grants sometimes include language that requires CAAs to comply with the affirmative action rules that apply to federal contractors. If a CAA is not a federal contractor, it should explain this fact to the state and seek to have the language removed from its contract. (Keep in mind, though, that CAAs may be required to comply with state laws, regulations and executive orders on affirmative action, including a state requirement that they have an affirmative action plan.) As a general rule, because CAAs are federal grantees, rather than federal contractors, they are not required -
The Surprisingly Contentious History of Executive Orders | Huffpost
4/2/2020 The Surprisingly Contentious History Of Executive Orders | HuffPost Ben Feuer, Contributor Chairman, California Appellate Law Group The Surprisingly Contentious History Of Executive Orders Cries of “unprecedented” executive action on both sides are more histrionic than historical. 02/02/2017 04:59 am ET | Updated Feb 03, 2017 Despite howls that Presidents Trump and Obama both issued “unprecedented” executive orders, presidents have embraced executive actions to enact controversial policies since the dawn of the Republic. https://www.huffpost.com/entry/the-surprisingly-contentious-history-of-executive-orders_b_58914580e4b04c35d583546e 1/8 4/2/2020 The Surprisingly Contentious History Of Executive Orders | HuffPost NICHOLAS KAMM/AFP/GETTY IMAGES Recently, USA Today savaged President Trump’s executive orders since taking office, from encouraging Keystone XL approval to altering immigration policy, as an “unprecedented blizzard.” In 2014, the Washington Post raked President Obama for his Deferred Action immigration directives, more commonly called DACA and DAPA, deeming them “unprecedented” and “sweeping,” while Ted Cruz published an op-ed in the Wall Street Journal lashing Obama’s “imperial” executive order hiking the minimum wage for federal contractors as one with “no precedent.” A 2009 piece in Mother Jones lamented a President George W. Bush executive order allowing former-presidents and their families to block the release of presidential records as — you guessed it — “unprecedented.” With all the talk of precedent, you might think executive orders historically did little more than set the White House lawn watering schedule. But the reality is that presidents have long employed executive actions to accomplish strikingly controversial objectives without congressional approval. -
Executive Order 11246 Affirmative Action Plan (Aap)
2001 Oriental Boulevard Brooklyn, New York 11235 EXECUTIVE ORDER 11246 AFFIRMATIVE ACTION PLAN (AAP) Affirmative Action Program September 1, 2015 – August 31, 2016 PARTS I-V: AAP FOR MINORITIES AND WOMEN PART VI: AAP FOR COVERED VETERANS AND PERSONS WITH DISABILITIES Contact: Victoria A. Ajibade, Esq. Chief Diversity Officer Office of the President (718) 368-6896 AFFIRMATIVE ACTION PLAN TABLE OF CONTENTS I. INTRODUCTION A. Description of College B. History C. Mission II. NON-DISCRIMINATION AND AFFIRMATIVE ACTION POLICIES III. DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTATION A. President B. Chief Diversity/Affirmative Action Officer C. Executive Officers, Academic Chairpersons, Managers and Supervisory Personnel D. Diversity/Affirmative Action Committee IV. RESULTS OF STATISTICAL ANALYSES/AREAS OF CONCERN A. Workforce Analysis B. Job Group Summary C. Determining Availability D. Utilization Analysis/Comparison of Incumbency to Availability E. Comparison of 2014 Goals to 2015 Utilization Analysis Results F. Determining Adverse Impact 1. Analysis of Personnel Activity Table 2. Analysis of Applicant Data-Recruitment Documentation 3. Impact Ratio Analysis G. Tenure Eligibility Survey H. Analysis of Systemic Compensation V. ACTION - ORIENTED PROGRAMS A. Implementation of Affirmative Action Program 2014-2015 1. Goal Attainment 2. Initiatives and Activities 3. Dissemination of Non-Discrimination Policy and Programs B. Response to Fall 2015 Underutilization 1. Placement Goals for 2015 -2016 2. Employment Practices: Recruitment, Selection and Advancement C. Internal Audit and Reporting 1 VI. COVERED VETERANS AND INDIVIDUALS WITH DISABILITIES A. Review of Personnel Processes B. Review of Physical and Mental Job Qualifications C. Reasonable Accommodation to Physical and Mental Limitations D. Harassment Prevention Procedures E. External Dissemination of EEO Policy, Outreach and Positive Recruitment F. -
List of United States Federal Executive Orders
List of United States federal executive orders This list is incomplete; you can help by expanding it. • 1914: Executive Order 1888: Providing conditions of employment for the Permanent Force for the Panama Canal[7] Executive orders are issued by United States presidents to help officers and agencies of the executive branch manage • 1918: Executive Order 2859: National Research operations within the federal government. Council of the National Academy of Sciences[8] At the federal level of government in the United States, • 1927: Executive Order 4601: Authorization of the laws are made almost exclusively by legislation. Such Distinguished Flying Cross [9] legislation originates as an Act of Congress passed by the Congress of the United States (and its predecessor, the Continental Congress); such acts were either signed into law by the President or passed by Congress after a 4 Herbert Hoover (1929–1933) presidential veto. [10] However, legislation is not the only source of regulations EOs 5075–6070 which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion 5 Franklin D. Roosevelt (1933– from Congress, or under the inherent powers that office 1945) holds to deal with certain matters of foreign policy. Many early executive orders were not recorded. The Administration of Franklin D. Roosevelt Executive Orders Dis- State Department began numbering executive orders in position Tables[11] the early 20th century, starting retroactively from Presi- dent Abraham Lincoln's Executive Order Establishing a Executive Orders 6071–9537 Provisional Court in Louisiana issued in 1862. -
Affirmative Action Vs Diversity
Affirmative Action vs. Diversity - By Shirley J. Wilcher The Quest for Opportunity in a 21st Century World There has been much debate about affirmative action and diversity since President John F. Kennedy signed Executive Order 10925 in 1961. 2 As we approach the 50th Anniversary of the Order it is timely to reflect upon affirmative action and the difference between this concept and the more recent theory and practice of “diversity.” While the terms are often used interchangeably, there are fundamental differences between the two, but they are inextricably linked. In its Final Report to President Eisenhower, the President's Committee on Government Contracts, headed by vice president Richard Nixon, concluded: Overt discrimination, in the sense that an employer actually refuses to hire solely because of race, religion, color, or national origin is not as prevalent as is generally believed. To a greater degree, the indifference of employers to establishing a positive policy of nondiscrimination hinders qualified applicants and employees from being hired and promoted on the basis of equality .3 President Kennedy incorporated the concept of “affirmative action” into Executive Order 10925, which he issued in 1961. Executive Order 10925 imposed on all covered contractors a general obligation requiring positive steps designed to overcome obstacles to equal employment opportunity. In 1965, President Lyndon Baines Johnson signed Executive Order 11246, which gave the Secretary of Labor responsibility for administration and enforcement of the Order mandating that contractors not discriminate against any employees or qualified applicants because of race, color, religion, sex or national origin. Contractors were to take affirmative action to ensure nondiscrimination in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. -
Presidential Authority to Impose Requirements on Federal Contractors
Presidential Authority to Impose Requirements on Federal Contractors Vanessa K. Burrows Legislative Attorney Kate M. Manuel Legislative Attorney January 10, 2012 Congressional Research Service 7-5700 www.crs.gov R41866 CRS Report for Congress Prepared for Members and Committees of Congress Presidential Authority to Impose Requirements on Federal Contractors Summary Executive orders requiring agencies to impose certain conditions on federal contractors as terms of their contracts have raised questions about presidential authority to issue such orders. Such executive orders typically cite the President’s constitutional authority, as well as his authority pursuant to the Federal Property and Administrative Services Act of 1949 (FPASA). FPASA authorizes the President to prescribe any policies or directives that he considers necessary to promote “economy” or “efficiency” in federal procurement. There have been legal challenges to orders (1) encouraging agencies to require the use of project labor agreements; (2) requiring that contracts include provisions obligating contractors to post notices informing employees of their rights not to be required to join a union or pay dues; and (3) directing departments to require contractors to use E-Verify to check the work authorization of their employees. These challenges have alleged, among other things, that the orders were beyond the President’s authority, under FPASA or otherwise. A 2011 draft executive order that would have directed departments to require contractors to “disclose certain political contributions and expenditures” raised similar and additional questions, as it resembled legislation that was considered, but not enacted, by the 111th Congress. The outcome of legal challenges to particular executive orders pertaining to federal contractors generally depends upon the authority under which the order was issued and whether the order is consistent with or conflicts with other statutes. -
PUBLISHED UNITED STATES COURT of APPEALS for the FOURTH CIRCUIT VOLVO GM HEAVY TRUCK CORPORATION, Plaintiff-Appellant, V
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT VOLVO GM HEAVY TRUCK CORPORATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF No. 96-2225 LABOR; ROBERT B. REICH, SECRETARY OF LABOR; SHIRLEY WILCHER, Deputy Assistant Secretary for Federal Contract Compliance Programs, Defendants-Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-96-40001-R) Argued: May 5, 1997 Decided: July 1, 1997 Before MURNAGHAN and HAMILTON, Circuit Judges, and LEGG, United States District Judge for the District of Maryland, sitting by designation. _________________________________________________________________ Affirmed by published opinion. Judge Murnaghan wrote the opinion, in which Judge Hamilton and Judge Legg joined. _________________________________________________________________ COUNSEL ARGUED: James Marion Powell, HAYNSWORTH, BALDWIN, JOHNSON & GREAVES, P.A., Greensboro, North Carolina, for Appellant. Samuel Robert Bagenstos, UNITED STATES DEPART- MENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Gregory P. McGuire, HAYNSWORTH, BALDWIN, JOHNSON & GREAVES, P.A., Greensboro, North Carolina, for Appellant. Deval L. Patrick, Assistant Attorney General, Dennis J. Dimsey, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; J. Davitt McAteer, Acting Solicitor, James D. Henry, Associate Solicitor, Debra A. Millenson, Senior Trial Attorney, Belinda Reed Shannon, Trial Attorney, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellees. _________________________________________________________________ OPINION MURNAGHAN, Circuit Judge: On December 18, 1995, the Department of Labor's Office of Fed- eral Contract Compliance Programs (OFCCP) filed an administrative complaint under Executive Order 11246 alleging that in 1988 Volvo GM Heavy Truck Corporation had discriminated against female applicants for assembler positions in its Dublin, Virginia plant.