Sunday, September 04, 2011

On Labor Day: Is your labor being equitably recognized?

Dear fellow Asian Americans,

The government announcement below is a compelling example of 80-20’s landmark accomplishments on your behalf: 80-20 is securing equal opportunity and invaluable protection for 15.5 million Asian Americans. For the first time in American history, we are
FINALLY receiving protection under EO 11246. This equal opportunity law was enacted by
President Johnson in 1965. You have seen its dramatic results over the past 46 years as it
helped millions of Blacks, Hispanics and women attain greater equality in the workplace.

Sadly and incredibly, this Equal Opportunity Law has never been enforced for Asian Americans
until 80-20 took up the cause and got Democratic Presidential candidates, including Obama, to
promise in writing in 2008 to do so once the candidate became president. See
http://www.80-20initiative.net/news/preselect2008_obama.jpg All of the Republican
candidates refused to respond.

Until recently, despite higher education well above the national norm, Asian Americans have
only 30-45% chance of rising to upper management in federal government, universities and
private enterprises. See:
http://80-20initiative.blogspot.com/2011/05/best-of-80-20s-10-accomplishments.html

The OFCPP (U.S. Department of Labor’s Office of Federal Contract Compliance Programs) under
Patricia Shiu is charged with the enforcement of EO11246. OFCCP can come down on any
government contract recipient (that includes all universities and large corporations) with the
threat to cancel the contract and bar the entity from future gov’t contracts. So they pay
attention to OFCCP and take its actions seriously. Instead of each aggrieved Asian American
having to sue his/her employer for discrimination—against great odds and at huge costs—the
weight of the Federal Government is brought to bear and the employer has the burden of
proof that it did not discriminate. In contrast, former Labor Secretary Elaine Chow (under
President Bush) refused to enforce EO11246. Asian Americans seek NO preferential treatment.
We only ask for the same equal opportunity that all Americans deserve, and which the DOL’s
own statistics showed have been clearly denied to our ethnic group.

In the entire US, only about 2,500 people pay their modest annual memberships dues to
support the important and difficult work of 80-20, performed by a team of dedicated all-
volunteer Asian American leaders. Our progress is severely hobbled by the disease of
pervasive political apathy amongst Asian Americans— 99.99% of us are quite content to let
someone else shoulder the burden for them. Which group are you in?

If you are one of our 2,500 special dues-paying members, Thank You, Thank You, Thank You.
For your sustaining support and shining example. If not, please don’t starve your workhorse
any longer. If you want 80-20 to be around to help you or your children, help 80-20
DOUBLE its membership.

Using a 1000 credit card, go to http://www.80-20initiative.net/ Or send your check to 80-20 PAC
13337 South St. #189 Cerritos, CA 90703
. There is a donor matching fund of
$10,000 for dues of anyone joining. Basic $35; Family $50 or Life Member $1,000.

Thank you.

Ed

Dr. Edward Lin
Director, 80-20 Initiative; Family Life Member & Founding Patron


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From: White House Office of Communications
Sent: Thursday, September 01, 2011 6:13 PM

To: Edward Lin

Subject: FW: OFCCP Sues Big Cheese, el Queso Grande News Release
U.S. Department of Labor For Immediate Release Sept. 1, 2011
Office of Public Affairs, Contact: Deanne Amaden José Carnevali
San Francisco, Calif. Phone: 415-625-2630 415-625-2631
Release number: 11-1291-SAN Email: amaden.deanne@dol.gov carnevali.jose@dol.gov

US Labor Department files complaint against Colorado-based
cheese producer for discriminating against minority job
applicants at California facility
Back wages and job offers sought for African-American, Asian and Hispanic applicants;
debarment from future government contracts recommended 


LEMOORE, Calif
. – The U.S. Department of Labor’s Office of Federal Contract Compliance
Programs today filed a complaint with the department’s Office of Administrative Law Judges
against federal contractor Leprino Foods Co. for discriminating against qualified African-American, Asian and Hispanic applicants for on-call laborer positions at the company’s Lemoore West facility.

The administrative complaint seeks back wages and interest for at least 270 class members, as
well as job offers for at least 17 of the original applicants. OFCCP also is requesting that
Leprino Foods’ existing federal contracts be canceled and the company be debarred from
entering into any future contracts until the violations are resolved and the company corrects
its discriminatory employment practices.

“Leprino Foods’ hiring process simply doesn’t pass the sniff test,” said OFCCP Director Patricia
A. Shiu. “When workers are denied employment because of factors that have nothing to do
with their ability to perform the job, something is not right. Our message to the company is
clear: Correct your discriminatory practices and make restitution to the victims or lose your
lucrative federal contracts.”

Under Executive Order 11246, federal contractors cannot discriminate in employment practices
with regard to race and national origin. Data collected from Leprino Foods showed that the
company’s use of a job skills assessment called the WorkKeys exam adversely impacted
minority applicants. During OFCCP’s review, which examined hiring practices for a 22-month
period, the agency found that only 49 percent of otherwise qualified minority applicants
passed the exam, compared with more than 72 percent of non-minority applicants. OFCCP
could not substantiate the employer’s claim that the exam measured applied math, workplace
observation and information location skills related to the essential functions of on-call
laborers. On-call laborers perform a variety of entry-level tasks, including inspecting products,
monitoring equipment and maintaining sanitation at the facility.

Denver-based Leprino Foods is the nation’s largest producer of mozzarella cheese. The
company has contracts totaling $5 million with the U.S. Department of Agriculture to provide
mozzarella and whey produc 3b9 ts to the Farm Services Agency.

In addition to Executive Order 11246, OFCCP’s legal authority exists under Section 503 of the
Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of
1974. As amended, these three laws hold those who do business with the federal government,
both contractors and subcontractors, to the fair and reasonable standard that they not
discriminate in employment on the basis of sex, race, color, religion, national origin, disability
or status as a protected veteran. For general information, call OFCCP’s toll-free helpline at 800-
397-6251. Additional information is available at http://www.dol.gov/ofccp
 

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