Congress took bipartisan action to ban forcing those alleging sexual harassment or sexual assault to pursue their claims through arbitration. The White House Task Force on Worker Organizing and Empowerment issued a report with recommendations to promote employee organizing and collective bargaining. Ahead of National Caregivers Day, the US Department of Labor advised that healthcare workers have experienced a 249% increase in injury and illness rates. The Department of Labor and the National Labor Relations Board have entered a partnership to share information and conduct joint investigations and enforcement while the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance launched the Hiring to Reimagine Equity (HIRE) initiative.
Congress Passes Bill Banning Arbitration in Sexual Harassment Cases – The Congress has passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, S. 2342). The primary sponsors of the legislation are Representative Cheri Bustos (D-IL) and Senator Kirsten Gillibrand (D-NY). There was bipartisan approval of the legislation, which passed the House of Representatives by a vote of 335 – 97, and the Senate by voice vote. The bill amends the Federal Arbitration Act to invalidate arbitration agreements that preclude a party from filing a lawsuit in court in sexual harassment or sexual assault cases. make pre-dispute arbitration clauses and waivers unenforceable in sexual harassment and sexual assault cases brought under federal or state law. Following Senate passage, Senator Gillibrand stated, “This bill is one of the most significant workplace reforms in the last 50 years and is a major step forward toward changing a system that uses secrecy to protect perpetrators and silence survivors.” President Biden indicated that he intends to sign the legislation.
Task Force on Worker Organizing and Empowerment Issues Report – The White House Task Force on Worker Organizing and Empowerment issued a report containing nearly 70 recommendations designed to promote employee organizing and collective bargaining. The Task Force was established by an executive order and is chaired by Vice President Kamala Harris. The charge to the task force was to “identify executive branch policies, practices, and programs that could be used, consistent with applicable law, to promote [the] Administration’s policy of support for worker power, worker organizing, and collective bargaining.” According to Secretary of Labor Mary Walsh, “The report’s recommendations put the federal government’s policy of encouraging worker organizing and collective bargaining front and center and empowers workers to build a stronger economy and better quality of life for them and their families.”
Listed below are the four main categories of recommendations with each one containing several suggested actions designed to implement the recommendations:
The report noted that according to the Bureau of Labor Statistics, in 2021 only 10.3% of American workers belonged to a union. A recent Gallup survey found that 68% approve of unions, the highest level of approval since 1965. The taskforce is scheduled to submit its second report in six months.
Healthcare Workers Injury/Illness Rates Soar – The U.S. Department of Labor reported that in 2020, U.S. healthcare workers experienced a 249% increase in injury and illness rates. According to DOL, workers in the healthcare and social assistance industries combined, “suffered more injuries and illnesses than workers in any industry in the nation.” National Caregivers Day is observed on the third Friday in February (February 18, 2022). The Occupational Safety and Health Administration (OSHA) recognized the sacrifices caregivers have made during the pandemic and urged “healthcare employers and those in related industries to take immediate actions to help make 2022 less hazardous and reduce worker injuries and illnesses.” OSHA recommends that employers implement a proactive safety and health program that addresses hazards and trains employees.
DOL & NLRB Announce Partnership – The Wage and Hour Division of the Department of Labor (DOL) and the National Labor Relations Board (NLRB) have entered into an agreement to strengthen their partnership by sharing information, conducting joint investigations and enforcement as well as undertaking training and education. According to Jessica Looman, DOL Acting Wage and Hour Administrator, “Collaborating with the National Labor Relations Board will expand both of our agencies’ impact and effectiveness in enforcing workplace protections and combatting misclassification and preventing retaliation against them.” The cooperative agreement will support the joint goals of the DOL and NLRB to protect workers who exercise their workplace rights and educate employers about their legal responsibilities under federal laws.
EEOC & OFCCP Launch HIRE Initiative – The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance (OFCCP) launched the Hiring to Reimagine Equity (HIRE) initiative. The agencies hosted the first in a planned series of roundtables on January 19th. According to EEOC Chair Charlotte A. Burrows, the “collaboration between EEOC and OFCCP will help create an economy that works for everyone.”
This initiative is designed to be a multi-year joint effort that will bring together various stakeholders and according to the sponsors is “designed to expand access to good jobs for workers from underrepresented communities and help address key hiring and recruitment challenges.” The sponsors plan to use this initiative to identify actionable strategies to promote employer practices and policies that advance equity. The EEOC and OFCCP plan to develop guidance documents that will “promote evidence-based research and innovative initiative aimed at embedding equity in recruitment and hiring practices.”
Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Reichenberg at neilreichenberg@yahoo.com.