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U.S. agencies with responsibilities for enforcing equal employment opportunity laws have long relied on detailed information that is obtained from employers on employment in job groups by gender and race/ethnicity for identifying the possibility of discriminatory practices. The U.S. Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance programs of the U.S. Department of Labor, and the Civil Rights Division of the U.S. Department of Justice have developed processes that use these employment data as well as other sources of information to target employers for further investigation and to perform statistical analysis that is used in enforcing the anti-discrimination laws. The limited data from employers do not include (with a few exceptions) the ongoing measurement of possible discrimination in compensation. The proposed Paycheck Fairness Act of 2009 would have required EEOC to issue regulations mandating that employers provide the EEOC with information on pay by the race, gender, and national origin of employees. The legislation was not enacted. If the legislation had become law, the EEOC would have been required to confront issues regarding currently available and potential data sources, methodological requirements, and appropriate statistical techniques for the measurement and collection of employer pay data. The panel concludes that the collection of earnings data would be a significant undertaking for the EEOC and that there might be an increased reporting burden on some employers. Currently, there is no clearly articulated vision of how the data on wages could be used in the conduct of the enforcement responsibilities of the relevant agencies. Collecting Compensation Data from Employers gives recommendations for targeting employers for investigation regarding their compliance with antidiscrimination laws.
Despite legal and social advances in the past two decades, sexual and gender minorities continue to face widespread discrimination and violence in many countries. This discrimination and violence lead to exclusion, which adversely impacts their lives, as well as the communities and economies in which they live. A major barrier to addressing this stigma and sexual orientation and gender identity(SOGI)-based exclusion is the lack of SOGI-specific data. Robust, quantitative data on di‚fferential development experiences and outcomes of sexual and gender minorities--especially those in developing countries--is extremely thin. This paucity of data jeopardizes the achievement of the Sustainable Development Goals and countries' commitment to the principle of 'leaving no one behind' in the eff‚ort to end poverty and inequality. 'Equality of Opportunity for Sexual and Gender Minorities' assesses the unique challenges that sexual and gender minorities face in six important areas: (i) Criminalization and SOGI (ii) Access to education (iii) Access to the labor market (iv) Access to public services and social protection (v) Civil and political inclusion (vi) Protection from hate crimes. This report cov‚ers numerous policy recommendations to prevent and eliminate discriminatory practices in all of the areas covered. It also seeks to inflŽuence legislative changes and support research on institutions and regulations that can ultimately lead to poverty reduction and shared prosperity. At the same time, it acknowledges that the mere existence of inclusive laws and regulations does not ensure that sexual and gender minorities are free from discrimination--the enforcement of those laws is crucial. This publication, the first in a series of studies, will be expanded from the 16 countries included here to a wider set of countries for more in-depth quantitative analysis and to identify possible correlations with socioeconomic outcomes. It will seek to deepen knowledge, facilitate peer learning of good practices, and encourage reforms to increase the inclusion of sexual and gender minorities.
In 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s. Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys. By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.