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‘Yet another major, ideologically driven last-minute rule change’ from Team Trump

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Donald Trump began his time in the White House by dismantling as many Obama-era regulations and rules as he could—ones that protected workers, or the environment, or consumers. Now he’s ending his time in the White House by rushing to lock in as many avenues for discrimination and pollution as possible. The Labor Department has just finalized a rule giving federal contractors more leeway to hire and fire based on religious reasons

A senior Labor Department official “emphasized that the rule could not be used as a pretext for religious organizations to discriminate against people on the basis of protected categories like gender or race,” The New York Times reports. But there are a lot of categories that are ripe for discrimination—LGBTQ workers are very high on the list, but so are unmarried pregnant women, the Times notes. And organizations can expand the roles in which they can hire exclusively from within their faith.

“The final rule would significantly expand eligibility for federal contractors to claim a religious exemption from non-discrimination rules,” Public Citizen’s Matt Kent told Government Executive. “It’s an invitation for any contractor that’s loosely affiliated with a religious purpose to discriminate against LGBTQ employees. Yet another major, ideologically driven last-minute rule change from the Trump administration.”

“It is hard to overstate the harm that the Office of Federal Contract Compliance Programs is visiting on LGBTQ people, women, religious minorities, and others with the sledgehammer it is taking to federal nondiscrimination protections,” Lambda Legal’s Jennifer Pizer said in a statement. “For nearly 80 years, it has been a core American principle that seeking and receiving federal tax dollars to do work for the American people means promising not to discriminate against one’s own workers with those funds.  This new rule uses religion to create an essentially limitless exemption allowing taxpayer-funded contractors to impose their religious beliefs on their employees without regard to the resulting harms, such as unfair job terms, invasive proselytizing and other harassment that make job settings unbearable for workers targeted on religious grounds.”

She continued: “The Department of Labor has crafted a grotesquely overbroad exemption that will be used by many federal contractors as a totally improper, catch-all defense to discrimination complaints. The rule allows contractors, including large for-profit companies, to use the special treatment designed for religious organizations if they merely ‘affirm [] a religious purpose in response to inquiries from a member of the public or a government entity.’ This adds yet another gaping hole to the Swiss cheese the Trump administration has been systematically making of our country’s essential civil rights protections.”

The new rule goes into effect on Jan. 8, 12 days before President-elect Joe Biden takes office. He would likely have to go through a long process to make a new rule to replace it.

This blog originally appeared at Daily Kos on December 8, 2020. Reprinted with permission.

About the Author: Laura Clawson has been a contributing editor since December 2006. Clawson has been full-time staff since 2011, and is currently assistant managing editor at the Daily Kos.


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Do Your Employment References Really “Have Your Back?” Better Not Assume That Your References Will Offer a Favorable or Neutral Reference

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We’ve all heard that our former employers, when contacted for a reference, will only confirm (per company policy) employment dates and title. Right?

Wrong.

There is no guarantee that all corporate employees are aware of, or will abide be, such guidelines. Consider these verbatim comments documented by Allison & Taylor in checking employment references on behalf of job seekers:

“He had issues with his co-workers and management and is not eligible for rehire.”

“Is there a rating less than inadequate?”

“She made a good effort but was simply not able to meet our expectations.”

“I’d rather not comment – you can take that any way you like.”

“She didn’t resign from our company – she was terminated.”

“I am not allowed to say anything about this person as they were fired.”

Clearly, any prospective employer receiving such feedback on a job seeker is highly unlikely to hire them. What, then, should be your course of action if you are concerned about potential commentary from your former employer?

The first step is to confirm if you do indeed have a problem with at least one of your references. Do an honest self-assessment of your references that are most likely to be called by prospective employers. Very possibly you already have a good idea of who may be making your employment search a challenging one. And while you might be able to keep some former associates off of a prospective employer’s radar, it is unlikely that a former supervisor or HR department will be overlooked. The HR department is a traditional venue for reference checks, and HR reps of your most recent employers are almost certain to get a call from potential employers. Your former supervisors will be high on an employer’s list as well, as they know you better than HR and may also be willing to offer a more revealing profile about you.

Then, consider having a reference check(s) conducted on those business associates from your past who might be problematic. Avoid the temptation to have a friend or associate call and pose as a prospective employer – this could backfire on you, also any unfavorable input obtained in this manner would be inadmissible for legal purposes. Instead, have a reputable third party (e.g., www.allisontaylor.com) conduct these reference interviews on your behalf to best ensure that any negative input obtained can be legally addressed and neutralized.

If negative input from a reference is uncovered, what steps can you take? Your options will depend on the nature of the negative input. Where your reference’s communication was inaccurate, malicious, or wrongful you may have the ability – through an attorney – to pursue legal recourse. When a reference’s negative input is not unlawful but is nonetheless restricting your ability to secure future employment, it can sometimes be addressed through a Cease-&-Desist letter which is typically issued by your attorney to the senior management of the company where the negative reference originated, alerting the management of the negative reference’s identity and actions. Typically the very act of offering a negative reference is against corporate guidelines, which normally state that only a former employee’s title/dates of employment can be confirmed. The negative reference is cautioned by management not to offer additional comments and – out of self-interest – will usually not offer negative commentary again.

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Whether through a Cease-&-Desist letter or stronger legal measures, the prospects for neutralizing further negative input from a reference are excellent. Also, the “peace of mind” a reference verification brings to an employment candidate unsure of what their references are really saying, cannot be underestimated. If concern about your references is causing you some sleepless nights, it’s never too soon to document – and address – what they are really saying about you.

For more information on reference checking, and what to do if a negative reference is impeding your chances for a new job, please visit www.AllisonTaylor.com.

“This blog originally appeared at Allison & Taylor on December 21, 2017. Reprinted with permission.” 


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