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Quad A P. O. Box 1824 Phoenix, AZ 85001 www.azquada.org E-mail: [email protected] E-Fax: (623) 321-6016 Board Members & Officers John Garza, President JAG Specialties (602) 300-2023 Flossie Christensen, Chair Las Vegas SNILG Chapter Bank of Nevada (702) 248-4200 Gail Painter, PHR Vice President EEO/AA Compliance Specialist (623) 202-9058 Maria Sandoval, Treasurer Shamrock Foods (602)477-2529 Rebecca Rand Recording Secretary American Express (602) 537-2960 Wayne Oliver The Sundt Companies, Inc. (480) 293-3107 Tom Arn Quarles & Brady (602) 229-5342 Neil Bourque The Marc Center (480) 969-3800 George Thorne Jobing.com (602) 914-7507 Lisa Barnum Boeing Company 480-648-7944 Evelyn Miller Raytheon 520-794-9997 Charlene Valestin Zions Bancorporation (928) 899-4199 Lida Daniels Blood Systems September 15 Membership Meeting September 15 Membership Meeting Heroes to Hometowns (Veterans & the Workplace) Michael Espinosa, Director, US Dept of Labor Veterans Employment & Training Service Time: 8:30-10:00 a.m. Location: AZ Workforce Connection 3406 N. 51 st Ave (No of Thomas) AKA: Arizona Industry Liaison Group Affiliate (AILG) Depart of Labor Appoints New Deputy Assistant Secretary for OFCCP Patricia A. Shiu has been appointed of the U.S. Department of Labor (DOL) to head the Office of Federal Contract Compliance Programs (OFCCP). She is currently vice president for Programs at the Legal Aid Society-Employment Law Center in San Francisco, where she has worked for 25 years. Shiu has zealously advocated for women’s rights in the workplace and helped draft legislation that led to the enactment of California’s Family Rights Act, which provides for leave rights similar to those in the federal Family and Medical Leave Act, and the more-recent California Paid Family Leave Act. In 2005, Shiu received the Joe Morozumi Lifetime Achievement Award of the Asian-American Bar Association of the Greater [San Francisco] Bay Area for her “remarkable career [devoted to] ensuring that poor women, particularly immigrants, women of color, single mothers, and those with disabilities are Arizona Affirmative Action Association Page 1 Newslett

Quad A Newsletter August2009

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Page 1: Quad A Newsletter August2009

Quad AP. O. Box 1824

Phoenix, AZ 85001www.azquada.org

E-mail: [email protected]: (623) 321-6016

Board Members & OfficersJohn Garza, President

JAG Specialties(602) 300-2023

Flossie Christensen, ChairLas Vegas SNILG Chapter

Bank of Nevada(702) 248-4200

Gail Painter, PHR Vice President

EEO/AA Compliance Specialist(623) 202-9058

Maria Sandoval, TreasurerShamrock Foods(602)477-2529Rebecca Rand

Recording SecretaryAmerican Express

(602) 537-2960Wayne Oliver

The Sundt Companies, Inc.(480) 293-3107

Tom ArnQuarles & Brady(602) 229-5342Neil Bourque

The Marc Center(480) 969-3800George Thorne

Jobing.com(602) 914-7507 Lisa Barnum

Boeing Company480-648-7944Evelyn Miller

Raytheon520-794-9997

Charlene ValestinZions Bancorporation

(928) 899-4199Lida Daniels

Blood Systems(480) 675-5607

Quad A AdministratorChris Weakland

Legacy Partners Consulting & Coaching, LLC

(602) 377-0404

Membership meetings are the 3rd Tuesday of every month

from 8:30-10:00 a.m.

September 15 Membership MeetingSeptember 15 Membership Meeting

Heroes to Hometowns (Veterans & the Workplace)

Michael Espinosa, Director, US Dept of LaborVeterans Employment & Training Service

Time: 8:30-10:00 a.m.Location: AZ Workforce Connection

3406 N. 51st Ave (No of Thomas)Parking: Designated Visitors’ Parking

September 15 Membership MeetingSeptember 15 Membership Meeting

Heroes to Hometowns (Veterans & the Workplace)

Michael Espinosa, Director, US Dept of LaborVeterans Employment & Training Service

Time: 8:30-10:00 a.m.Location: AZ Workforce Connection

3406 N. 51st Ave (No of Thomas)Parking: Designated Visitors’ Parking

AKA: Arizona Industry Liaison Group Affiliate (AILG)

Depart of Labor Appoints NewDeputy Assistant Secretary for OFCCP

Patricia A. Shiu has been appointed of the U.S. Department of Labor (DOL) to head the Office of Federal Contract Compliance Programs (OFCCP). She is currently vice president for Programs at the Legal Aid Society-Employment Law Center in San Francisco, where she has worked for 25 years. Shiu has zealously advocated for women’s rights in the workplace and helped draft legislation that led to the enactment of California’s Family Rights Act, which provides for leave rights similar to those in the federal Family and Medical Leave Act, and the more-recent California Paid Family Leave Act.

In 2005, Shiu received the Joe Morozumi Lifetime Achievement Award of the Asian-American Bar Association of the Greater [San Francisco] Bay Area for her “remarkable career [devoted to] ensuring that poor women, particularly immigrants, women of color, single mothers, and those with disabilities are treated legally, fairly, and with dignity.” (Morozumi, who died in 1996, advocated for reparations for Japanese-American interns, and he also represented protestors and conscientious objectors during the Vietnam War, as well as political activists.)

In 2002, Shiu received the “Woman Warrior Award” of the Pacific Asian American Women Bay Area Coalition, which recognized her as “one of the feistiest and most relentless Asian-American litigators.” She is also a 2002 recipient of the California Women’s Law Center Abby J. Liebman Pursuit of

(Continued on page 3.)

Arizona Affirmative Action Association Page 1

Newsletter

Page 2: Quad A Newsletter August2009

The Arizona, Las Vegas and Hawaii ILG's are privileged to host the 28th Annual Industry Liaison Group

National Conference United in Equality… Believe It, Achieve It

August 3 - 6, 2010

REGISTER NOW @http://www.ilgnvegas2010.com/

The Conference will be held at the beautiful

Conference room rates start at $159 per night. Our group password is NLG. You may

also book your room by calling

1-866-767-7773 Group Code: NATLIAISON

Arizona Affirmative Action Association Page 2

Page 3: Quad A Newsletter August2009

(Continued from Page 1)

Justice Award, named for one of the directors of the law center.

Because the Department of Labor is eliminating the Employment Standards Administration, which will raise the OFCCP a tier within the DOL structure and make the head of the OFCCP an assistant secretary, it is unclear whether Shiu will then need to be confirmed by the Senate. What is clear is that employers can expect a more aggressive OFCCP under Shiu’s leadership.

DOL Issues Proposed Rule on Federal Rights Poster and Contract Clause In other OFCCP news, the DOL issued proposed regulations for implementing President Barack Obama’s Jan. 30, 2009, Executive Order, which requires that federal contractors post notices informing employees of their rights under federal labor laws.

The proposed poster lists a variety of employee rights, including the right to form or join a union and to discuss terms and conditions of employment with co-workers, and advises employees how to lodge a complaint if they believe their rights have been violated. If approved, the proposed poster will be available from a variety of sources, including the OFCCP and the Office of Labor-Management Standards web site. Contractors who normally post employee notices electronically would also be required to post this notice electronically.

The proposed regulations also set forth language, which—if adopted—will have to be included in all government contracts and subcontracts valued at more than $100,000. Contractors will not be allowed to incorporate the language by reference; the language must be quoted verbatim in the contract. The proposed contract clause is long, and includes the language to be posted in contractors’ facilities. Under this proposed rule, the OFCCP is authorized to conduct compliance reviews to determine contractors’ compliance with both the poster requirement and inclusion of the contract language in covered subcontracts. Interested

parties are invited to submit comments on the proposed regulations no later than Sept. 2, 2009.

Recordkeeping, Hiring, Stimulus Recipients Are Getting OFCCP’s Attention The 27th Annual Industry Liaison Group National Conference was held in Atlanta July 28-31, 2009. This conference typically allows federal contractors to interact with top OFCCP and Equal Employment Opportunity Commission (EEOC) officials and share information in a no adversarial setting. Regional directors attending the conference this year noted that recordkeeping violations continue to be the predominant compliance problem and that hiring discrimination accounts for the vast majority of their monetary recoveries.

The OFCCP is now concentrating on educating—and auditing—construction contractors who receive federal stimulus money.

In response to a question, the regional directors also noted that whites and males are protected by Executive Order 11246 and may, in some cases, become the protected class if other groups are statistically the “most favored.” However, the regional directors agreed that females and minority groups are still most often the focus of compliance reviews.

This year, due to the change in administrations, both the OFCCP and the EEOC were without agency heads and were therefore unable to relay the high-level agency direction generally provided at the conference.

Cara Crotty is an attorney in the Columbia, S.C., office of Constangy, Brooks & Smith, which has counseled employers on labor and employment law matters, exclusively, since 1946. Republished with permission. © 2009 Constangy, Brooks & Smith LLP. All rights reserved.

Arizona Affirmative Action Association Page 3

Save the DateQuad A’s 12th Annual

Compliance ConferenceNovember 17, 2009

Page 4: Quad A Newsletter August2009

A New Law for Arizona Employers: The "PARKING LOT LAW"

(Reprinted with Permission by Quarles & Brady LLP)

Arizona employers should be aware that on September 30, 2009, a new Arizona law goes into effect that allows employees and visitors to keep a firearm locked inside their vehicle when parked on the

private property owned by an employer, even if the employer prohibits weapons on its premises. Governor Jan Brewer recently signed what is being called the “Parking Lot Law,” which overturns

the prior right of Arizona employers to prohibit employees and visitors from bringing a firearm on to any part of an employer's private property.

The new law, which will be found at A.R.S. §12-781, applies not only to public and private employers but to all businesses, property owners and tenants. Under the law, these covered entities may not

prohibit any person from lawfully carrying or possessing a firearm on private property, so long as the firearm is kept in a locked vehicle and not visible from the outside. The new law does not apply,

however, in the following instances:

When firearm possession is otherwise prohibited by state or federal law.

When the vehicle is leased or owned by an employer, business or property owner.

When a property owner provides a parking lot that is secured by a physical barrier, using security measures for access, and makes available separate storage for firearms that is easily accessible when entering or exiting the premises.

When a property owner provides alternative parking near the primary parking area for those who keep a firearm in their vehicles.

When the parking area is for a single-family detached residence.

When the property is located on the premises of a military installation or a nuclear power plant. The full text of the new law can be seen at: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/sb1168h.htm

For more information regarding this new law and its ramifications, please contact Craig O’Loughlin at (602) 230-4613 or e-

mail  [email protected], David Barton at (602) 230-5526 or e-mail  [email protected] or your

local Quarles & Brady attorney.

2009 Calendar of EventsDATE TOPIC LOCATION

June, July, August Summer Break Summer Break

September 15, 8:30-10:00Monthly Member MeetingNo cost to members

Heroes to Hometowns (Veterans & the Workplace)

Shamrock Foods2540 N. 29th Ave, PhoenixParking: Visitors’ Designated Spaces

October 20, 8:30-10:00Monthly Member MeetingNo cost to members

In Celebration of Diversity Month Jobing.com4747 N. 22nd Street, PhoenixParking: Visitors’ Designated Spaces

November 17, 7:30-4:00Annual Compliance Conf$100 members; $150 nonmembers

12th Annual Compliance Conf Black Canyon Conference Center9440 N. 25th Avenue, Phoenix, AZOpen Parking

December 1Member Roundtable$0 members; $75 nonmembers

Annual Members Only Holiday Roundtable Jobing.com4747 N. 22nd Street, PhoenixParking: Visitors’ Designated Spaces

Arizona Affirmative Action Association Page 4

Page 5: Quad A Newsletter August2009

In appreciation…

Back: John Garza, Becky Rand, Wayne Oliver, George ThorneFront: Gail Painter, Neil Bourque

In appreciation for his years of service to Quad A, Board Members celebrated Wayne Oliver’s retirement from the Board at the August 11 Board meeting.

Wayne is the Corporate Director of Compliance and Affirmative Action for The Sundt Companies, Inc. He is actively involved in his industry and has served on a number of supporting organizations including:

Arizona Employers’ Advisory Council Associated General Contractors, AZ Chapter; current Committee Chair National Association of General Contractors; current Board Member

Wayne will be retiring from Sundt in September. He has been a valued member of Quad A and has served on our Board since 2001. We will miss his participation on the Board but look forward to his continued involvement in Quad A activities.

Filling Wayne’s position on the Board will be Marian Enriquez, also of Sundt Companies, who is a Corporate Representative of Compliance and Diversity. We welcome Marian to the Board.

Arizona Affirmative Action Association Page 5

Page 6: Quad A Newsletter August2009

2009 Quad A Membership Application

Thank you for your continuing interest in and support of the Arizona Affirmative Action Association (Quad A). Our members include professionals in the fields of human resource management, equal employment opportunity, affirmative action, workplace diversity and other related fields. For over 25 years, Quad A has been providing its members with quality, up-to-date information through workshops, seminars and conferences. Your membership entitles you to a monthly newsletter, quarterly meetings/workshops, seminars, the Annual Conference (in April) and Compliance Conference (in the fall). Most activities are included in your membership; others are offered at a substantial discount. At only $75 per year (Jan-Dec), membership in Quad A is a true value for the money. (Individual memberships only; no organizational memberships at this time.)

Goals of the Arizona Affirmative Action Association are to:

Promote equal employment opportunity, diversity and affirmative action in the workplace. Promote awareness and recognition in the workplace and the community of the benefits of taking affirmative action to provide equal employment opportunities Share and disseminate up-to-date information on EEO, AA and diversity issues, legislation, judicial decisions, best practices and trends. Provide an opportunity for professionals interested in EEO, AA and diversity issues to network and communicate.

Membership fee in Quad A is a qualified tax deduction. To renew your annual membership, or to apply as a new member, please complete the following information and return it along with a check for $75 made payable to the Arizona Affirmative Action Association to our office at P.O. Box 1824, Phoenix, AZ 85001.

NOTE: Please provide us with an e-mail address to which we can send your monthly newsletter. Quad A is a nonprofit 501(c)3 organization (TIN 86-0966437), and e-mailing saves the Association a considerable amount on printing and postage each month. THANK YOU!

MEMBERSHIP APPLICATION/RENEWAL

Member Name:

Company Name:

Title:

Mailing Address:

Phone: Fax:

E-mail:

___Visa ___ MC ___Am Ex Name on card:

Card # Expires:

Please return this renewal form along with a check or credit card for $75 made payable to Arizona Affirmative Action Association to our office at P.O. Box 1848, Phoenix, AZ 85001 or eFAX to (623) 321-6016.

Arizona Affirmative Action Association Page 6