Victms of discrimination in CARSON CALIFORNIA
The EEOC enforces the prohibitions against employment discrimination in Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Sections 501 and 505 of the Rehabilitation Act of
1973, Titles I and V of the Americans with Disabilities Act of 1990 (ADA), Title II of the Genetic Information Non-discrimination Act (GINA), and the Civil Rights Act of 1991. These laws prohibit discrimination based on race, color, sex, religion,
national origin, age, disability, and genetic information, as well as reprisal for protected activity. The Commission´s interpretations of these statutes apply to its adjudication and enforcement in federal sector as well as private sector and state
and local government employment.
The EEOC has held that discrimination against an inpidual because that person is transgender (also known as gender identity discrimination) is discrimination because of sex and therefore is covered under Title VII of the Civil Rights Act of
1964. See Macy v. Department of Justice, EEOC Appeal No. 0120120821 (April 20, 2012), http://www.eeoc.gov/decisions/0120120821%20Macy%20v%20DOJ%20ATF.txt. The Commission has also found that claims by lesbian, gay, and bisexual inpiduals alleging sex-stereotyping
state a sex discrimination claim under Title VII. See Veretto v. U.S. Postal Service, EEOC Appeal No. 0120110873 (July 1, 2011), http://www.eeoc.gov/decisions/0120110873.txt; Castello v. U.S. Postal Service, EEOC Request No. 0520110649 (Dec. 20, 2011), http://www.eeoc.gov/decisions/0520110649.txt.
While discrimination based on an inpidual´s status as a parent (prohibited under Executive Order 13152) is not a covered basis under the laws enforced by the EEOC, there are circumstances where discrimination against caregivers may give rise to
sex discrimination under Title VII or disability discrimination under the ADA. See Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, www.eeoc.gov/policy/docs/caregiving.html.
Federal government employees may file claims of discrimination under the Part 1614 EEO process on any of the bases covered under the laws EEOC enforces, and/or may also utilize additional complaint procedures described below.
Civil Service Reform Act
The Civil Service Reform Act of 1978 (CSRA), as amended, also protects federal government applicants and employees from discrimination in personnel actions (see "Prohibited Personnel Practices" http://www.opm.gov/ovrsight/proidx.asp) based on race, color, sex, religion, national origin, age, disability, marital status, political affiliation, or on
conduct which does not adversely affect the performance of the applicant or employee -- which can include sexual orientation or transgender (gender identity) status. The Office of Special Counsel (OSC), www.osc.gov, and the Merit Systems Protection Board (MSPB), www.mspb.gov, enforce the prohibitions against federal employment discrimination codified in the CSRA.
For more information, see OPM´s Addressing Sexual Orientation Discrimination in Federal Civilian Employment at www.opm.gov/er/address2/guide01.htm, OPM´s Guidance Regarding the Employment of Transgender Inpiduals in the Federal Workplace at www.opm.gov/persity/Transgender/Guidance.asp, and OSC´s Prohibited Personnel Practices and How to File a Complaint
Additionally, federal agencies retain procedures for making complaints of discrimination on any bases prohibited by Executive Orders reviewed below. For example, some lesbian, gay, and bisexual employees may file complaints under both the
agency´s Executive Order complaint process (for sexual orientation discrimination) and 1614 process (for sex discrimination), as these are separate processes.
Executive Order 11478, section 1 (as amended by Executive Orders
13087 and 13152) provides:
It is the policy of the government of the United States to provide equal opportunity in federal employment for all persons, to prohibit discrimination in employment because of race, color, religion, sex, national origin, handicap, age,
sexual orientation or status as a parent, and to promote the full realization of equal employment opportunity through a continuing affirmative program in each executive department and agency. This policy of equal opportunity applies to and must be
an integral part of every aspect of personnel policy and practice in the employment, development, advancement, and treatment of civilian employees of the federal government, to the extent permitted by law.
Executive Order 13152 states that "status as a parent" refers to the status of an inpidual who, with respect to an inpidual who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental
disability, is: a biological parent, an adoptive parent, a foster parent, a stepparent, a custodian of a legal ward, in loco parentis over such inpidual, or actively seeking legal custody or adoption of such an inpidual. The Executive Order
authorized OPM to develop guidance on the provisions of the Order.
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CARSON CALIFORNIA: the March employment report reflects a pace of monthly job growth
The March employment report reflects a pace of monthly job growth below the recent trend, coming on the heels of February’s strong report. The unemployment rate was stable, broader measures of unemployment fell, and hourly earnings continued their rise. A range of factors including the weather and the global economic slowdown have affected economic data for the first quarter. The President has been clear that he will continue to push for policies including investments in infrastructure and relief from the sequester that would help ensure the strong underlying longer-term trends persist.
FIVE KEY POINTS IN TODAY’S REPORT FROM THE BUREAU OF LABOR STATISTICS
1. The private sector has added 12.1 million jobs over 61 straight months of job growth, extending the longest streak on record. Today we learned that total nonfarm payroll employment rose by 126,000 in March, driven by a 129,000 increase in private-sector employment. This particular month’s job gains were below the recent trend, as job growth in a number of industries slowed somewhat (see point 5). Over the past twelve months, the private sector has added 3.1 million jobs, nearly the highest year-over-year growth in the recovery so far.
2. Real aggregate weekly earnings have risen nearly 5 percent over the last twelve months. Real aggregate earnings track the purchasing power of total wages and salaries paid to U.S. private-sector employees, reflecting the combined effects of rising employment, rising wages, and a longer workweek. Aggregate earnings are nearly 7 percent above their pre-crisis peak. Indeed, they have recovered nearly twice their losses during the recession. Year-over-year aggregate earnings growth trended about 2-3 percent at an annual rate in recent years, but has risen to 5 percent year-over-year in recent months as hourly earnings have begun to rise (see point 3).
3. Over the past twelve months, rising real hourly earnings accounted for nearly half the increase in real aggregate weekly earnings. The large contribution of rising hourly earnings is a recent trend. Aggregate earnings reached a trough in December 2009, and over the following year-and-a-half, real hourly wages declined. The aggregate earnings increase during that early period was driven by a combination of rising employment and a longer workweek. Over the next three years, both hourly earnings and the workweek were largely stable, with rising employment accounting for 80 percent of the growth in aggregate earnings. Real wage growth over the past year has been a major contributor to the speed-up in aggregate earnings, due to both rising nominal wages and slowing consumer price growth as oil prices have declined. While the recent progress is encouraging, there is more work to do to ensure that real earnings growth is sustained and shared with a broad range of American families.
4. The overall share of jobs held by women rose from an average of 48.5 percent in 2001-2007 to 49.3 percent in March 2015. This 0.8 percentage point increase masks substantial variation within industries. Female workers shifted out of smaller industries like financial activities and information services where the female share declined by 3.1 and 3.7 percentage points, respectively and into higher-employment industries like retail trade. Women’s share of employment also increased somewhat in the government sector, where 57 percent of workers are female. Accordingly, women were disproportionately affected by the cuts to government employment that occurred between 2010 and 2013, but they have also disproportionately benefited from net job growth in this sector since mid-2013.
5. Job growth in a number of industries fell below recent trends in March. Looking over the 61-month streak of private-sector job growth, March was an especially weak month for mining and logging (-11,000), manufacturing (-1,000), leisure and hospitality (+13,000), and construction (-1,000). The weakness in mining and logging is likely attributable in large part to the recent decline in oil prices. March was a stronger than usual month in retail trade (+26,000) and health care and social assistance (+30,000). Across the 17 industries shown below, the correlation between the most recent one-month percent change and the average percent change over the last twelve months rose to 0.51 from 0.13 last month, remaining somewhat below the average correlation over the past two years.
As the Administration stresses every month, the monthly employment and unemployment figures can be volatile, and payroll employment estimates can be subject to substantial revision. Therefore, it is important not to read too much into any one monthly report and it is informative to consider each report in the context of other data as they become available.