Trump Pulls Back Obama-Era Protections For Women Workers

With little notice, President Donald Trump recently signed an executive order that advocates say rolls back hard-fought victories for women in the workplace.

Tuesday’s “Equal Pay Day” — which highlights the wage disparity between men and women — is the perfect time to draw more attention to the president’s action, activists say.

On March 27, Trump revoked the 2014 Fair Pay and Safe Workplaces order then-President Barack Obama put in place to ensure that companies with federal contracts comply with 14 labor and civil rights laws. The Fair Pay order was put in place after a 2010 Government Accountability Office investigation showed that companies with rampant violations were being awarded millions in federal contracts.

In an attempt to keep the worst violators from receiving taxpayer dollars, the Fair Pay order included two rules that impacted women workers: paycheck transparency and a ban on forced arbitration clauses for sexual harassment, sexual assault or discrimination claims.

Noreen Farrell, director of the anti-sex discrimination law firm Equal Rights Advocates, said Trump went “on the attack against workers and taxpayers.”

“We have an executive order that essentially forces women to pay to keep companies in business that discrimination against them, with their own tax dollars,” said Farrell. “It’s an outrage.”

Out of the 50 worst wage theft violators that GAO examined between 2005-2009, 60 percent had been awarded federal contracts after being penalized by the Department of Labor’s Wage and Hour Division. Similar violation rates were tracked through the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board.

But the research did not reveal much about sexual harassment or sexual assault claims. That’s because forced arbitration clauses — also sometimes called “cover-up clauses” by critics — are commonly used to keep sex discrimination claims out of the courts and off the public record.

“Arbitrations are private proceedings with secret filings and private attorneys, and they often help hide sexual harassment claims,” said Maya Raghu, Director of Workplace Equality at the National Women’s Law Center. “It can silence victims. They may feel afraid of coming forward because they might think they are the only one, or fear retaliation.”

Mandatory arbitration clauses are increasingly used in employment contracts, said Raghu, who added that banning the process was an important step forward for victims of workplace harassment or assault.

Many learned about forced arbitration clauses for the first time just last year through the Fox News sexual harassment case. Fox News anchor Gretchen Carlson dodged her own contract’s arbitration clause by directly suing former CEO Roger Ailes rather than the company. Ailes’ lawyers accused Carlson of breaching her contract, and pressed for the private arbitration to try to keep the story out of courts and the public record.

A new lawsuit filed Monday by Fox News commentator Julie Roginsky joined a growing list of accusations against Ailes, and claims Roginsky faced retaliation “because of plaintiff’s refusal to malign Gretchen Carlson and join ‘Team Roger’ when Carlson sued Ailes,” NPR reported.

By overturning the Fair Pay order, Trump made it possible for businesses with federal contracts to continue forcing sexual harassment cases like Carlson’s into secret proceedings — where the public, and other employees, may never find out about rampant sex discrimination claims at a company.

After the Fox News sexual harassment problem came to light, Carlson testified before Congress about forced arbitration — and Senators Richard Blumenthal, Dick Durbin and Al Franken wrote to major arbitration companies to ask for information on the amount of secret arbitration proceedings involving sexual harassment and discrimination.

“If Ms. Carlson had followed Mr. Ailes’s reading of her contract, her colleagues might never have learned that she was fighting back,” read the August 2016 letter. “They might never have followed her example; Roger Ailes might never have been exposed; and Fox News might never have been forced to change its behavior. Decades of alleged abuse — harassment that should disgust and astound any reasonable person — could have been allowed to continue.”

Blumenthal told NBC News that Trump’s overturning the Fair Pay order sends women’s rights in the workplace back “to a time best left to ‘Mad Men.'”

“These coverup clauses render people voiceless — forcing them to suffer in silence, suppressing justice, and allowing others to fall victim in the future,” said Blumenthal. “At a time when the fight for equal pay continues, Trump also moved to eliminate paycheck transparency and leave workers to negotiate in the dark.”

The other result of Trump’s executive order on federal contractors was lifting a mandate on paycheck transparency, or requiring employers to detail earnings, pay scales, salaries, and other details. The Fair Pay order Trump overturned was one of the few ways to ensure companies were paying women workers equally to their male colleagues.

According to the Economic Policy Institute’s 2016 analysis of federal labor statistics, the median wage for U.S. women is about 16.8 percent less than the median for men — with women making about 83 cents to a man’s dollar. According to economist Elise Gould, that’s a gap that only increases as women become more educated and climb the corporate ladder.

“At the bottom, there’s just so far down women’s wages can go. They are protected by some degree by the minimum wage,” said Gould. “But as you move up, women are not occupying places at the top the way men are. The wage gap at the top is much larger.”

Wal-Mart is one example of how the wage gap works like an inverted pyramid. According to statistical data provided in Farrell’s class action lawsuit against Wal-Mart, women in lower-paying hourly jobs at the company made $1,100 less per year than men in the same jobs. But women with salaried positions were paid $14,500 less per year than their male coworkers.

The Fair Pay order made employers submit salary details to the government that would show massive wage gaps like Wal-Mart’s. It also made employers show overtime and deductions on paychecks so workers could make sure they were being paid exactly as they were supposed to.

The original class action case against Wal-Mart was dismissed by the Supreme Court. But Farrell told NBC News that Dukes v. Wal-Mart was a victory in its own right.

“The very public nature of that case prompted many changes by Wal-Mart including its pay and equity policies,” said Farrell of the law firm Equal Rights Advocates.

“No one, including workers at Wal-Mart, would have understood the issues in that case had there been forced arbitration clauses,” Farrell added, “Which would have kept all of those claims in secret.”

For the majority of workers, especially at low-wages, there isn’t an option to work around an arbitration clause the way that Carlson did with Fox News and Ailes.

“Unless you’re suing a deep-pocketed CEO, suing an individual for sexual harassment is not going to be the same as putting the employer on the hook for liability,” said Farrell. “You usually don’t get the same damages or results.”

(h/t NBC News)

 

U.S. State Department Criticized Over Quiet Release of Human Rights Report

The U.S. State Department released its annual report on human rights around the world on Friday but the release was overshadowed by criticism that Secretary of State Rex Tillerson gave the report little of the traditional attention or fanfare.

Tillerson declined to unveil the report in person, breaking with precedent established during both Democratic and Republican administrations. A senior U.S. official answered reporters’ questions by phone on condition of anonymity rather than appearing on camera, also a break with precedent.

“The report speaks for itself,” the official said in response to a question about why Tillerson did not unveil it. “We’re very, very proud of it. The facts should really be the story here.”

The report, mandated by Congress, documents human rights conditions in nearly 200 countries and territories and is put together by staff in U.S. embassies. This year’s report was largely completed during former President Barack Obama’s tenure.

According to the report, Philippine police and vigilantes “killed more than 6,000 suspected drug dealers and users” since July and extrajudicial killings have “increased sharply” in the Philippines in the last year. Philippine officials say their government does not tolerate human rights violations or state-sponsored extrajudicial killings.

The report’s language on Russia remained broadly similar to that of years past, noting the country’s “authoritarian political system dominated by President Vladimir Putin.”

President Donald Trump has said he would like to improve U.S. relations with Russia.

Traditionally, the secretary of state unveils the report with public comments emphasizing the centrality of human rights in U.S. foreign policy and highlighting specific findings.

Tillerson’s Democratic predecessors John Kerry and Hillary Clinton gave public comments on the report in 2013 and 2009, their first years in the post, respectively, and continued to present it throughout their tenures.

In 2005, during Republican President George W. Bush’s administration, the undersecretary of state for global affairs, Paula Dobriansky, presented the report on camera on behalf of Secretary of State Condoleezza Rice.

So far in his one-month tenure, Tillerson has not held a news conference and has mostly refrained from answering questions from the media.

Human rights groups criticized the way the report was rolled out.

“It’s just signaling a lack of basic interest and understanding in how support for human rights reflects what’s best about America,” said Rob Berschinski, senior vice president for policy at Human Rights First.

Berschinski was deputy assistant secretary of state for democracy, human rights and labor until Jan. 20, and helped coordinate the report.

On Friday, the U.S. official quoted from Tillerson’s confirmation hearing to offer proof that he views human rights conditions as crucial to U.S. interests, adding, “These statements are very clear about our commitment to human rights.”

In the introduction to this year’s report, Tillerson wrote “our values are our interests when it comes to human rights.”

But in his confirmation hearing, Tillerson sidestepped questions on human rights conditions in other countries, declining to condemn countries like Saudi Arabia and the Philippines, saying he wanted to see the facts first.

Republican Senator Marco Rubio on Friday said on his Facebook page he was “disappointed that the secretary of state did not personally present the latest report.”

“American leadership in defense of basic human rights, on behalf of those whose voices have been silenced, is needed now more than ever,” Rubio wrote.

(h/t Reuters)

AG Sessions Says DOJ to ‘Pull Back’ on Police Department Civil Rights Suits

Donald Trump’s attorney general said Tuesday the Justice Department will limit its use of a tactic employed aggressively under President Obama — suing police departments for violating the civil rights of minorities.

“We need, so far as we can, to help police departments get better, not diminish their effectiveness. And I’m afraid we’ve done some of that,” said Attorney General Jeff Sessions.

“So we’re going to try to pull back on this,” he told a meeting of the nation’s state attorneys general in Washington.

Sessions said such a move would not be “wrong or insensitive to civil rights or human rights.” Instead, he said people in poor and minority communities must feel free from the threat of violent crime, which will require more effective policing with help from the federal government.

While crime rates are half of what they were a few decades ago, recent increases in violent crimes do not appear to be “an aberration, a one-time blip. I’m afraid it represents the beginning of a trend.”

Sessions said he will encourage federal prosecutors to bring charges when crimes are committed using guns. Referring local drug violations that involve the use of a firearm, for example, to federal court can result is often a stiffer sentence than would be imposed by state courts.

“We need to return to the ideas that got us here, the ideas that reduce crime and stay on it. Maybe we got a bit overconfident when we’ve seen the crime rate decline so steadily for so long,” he said.

Under the Obama Administration, the Justice Department opened 25 investigations into police departments and sheriff’s offices and was enforcing 19 agreements at the end of 2016, resolving civil rights lawsuits filed against police departments in Ferguson, Missouri; Baltimore, New Orleans, Cleveland and 15 other cities.

On Monday, Sessions said he is reviewing the Justice Department’s current policy toward enforcing federal law that prohibits possession of marijuana, but has made no decision about whether to get tougher.

His opposition to legalization is well known, and he emphasized it during an informal gathering of reporters . “I don’t think America will be a better place when more people, especially young people, smoke pot.”

States, he said, can pass their own laws on possession as they choose, “but it remains a violation of federal law.”

The current policy, spelled out in a 2013 memo from former deputy attorney general James Cole, said federal prosecutions would focus on distribution to minors, involvement of gangs or organized crime, sales beyond a state border, and growing marijuana plants on federal land.

(h/t NBC News)

DOJ Walks Back Guidance Discouraging Use of Private Prisons

The Department of Justice has rescinded guidance from August that discouraged the use of private prisons.

“This will restore (the Bureau of Prison’s) flexibility to manage the federal prison inmate population based on capacity needs,” the Justice Department said in a statement.

In August, then-deputy Attorney General Sally Yates directed the Bureau of Prisons to reduce its use of private prison contracts. In the August memo, she said private prisons had been used to house a prison population that had grown 800% between 1980 and 2013.

But, she said, the population is now on the decline, from 220,000 in 2013 to 195,000 in 2016.

A DOJ official said on background Thursday that the BOP has 12 private prison contracts, housing approximately 21,000 inmates.

In a new memo dated February 21 and released for the first time on Thursday, Attorney General Jeff Sessions wrote that the Yates memo “changed long-standing policy and practice, and impaired the bureau’s ability to meet the future needs of the federal correctional system.” He directed the bureau to “return to its previous approach.”

“This will restore BOP’s flexibility to manage the federal prison inmate population based on capacity needs,” the Justice Department said in a statement Thursday.

New Jersey Democratic Sen. Cory Booker was quick to speak out against the change in policy.

“The Trump administration’s decision to reverse course on existing policies designed to gradually end the use of private prisons is a major setback to restoring justice to our criminal justice system,” Booker said in a statement. “The Bureau of Prisons’ own inspector general has found that privately-managed prisons housing federal inmates are less safe and less secure than federal prisons, and these facilities have seen repeated instances of civil rights violations. Attaching a profit motive to imprisonment undermines the cause of justice and fairness.”

(h/t CNN)

Reality

As The Week put it: “Private prisons ultimately pose a greater threat to inmates because of their raison d’être; they exist solely to make a profit off of incarcerated individuals.”

The private prison industry also have contributed big sums to pro-Trump groups, including the organization that raised a record $100 million for his inauguration last month.

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