Quad a August 2009 Newsletter

1. Newsletter
August 2009
AKA: Arizona Industry Liaison Group Affiliate (AILG)
Quad A
P. O. Box 1824
Phoenix, AZ 85001 Depart of Labor Appoints New
www.azquada.org
E-mail: azquada@aol.com Deputy Assistant Secretary for OFCCP
E-Fax: (623) 321-6016
Board Members & Officers Patricia A. Shiu has been appointed of the U.S. Department of Labor
John Garza, President (DOL) to head the Office of Federal Contract Compliance Programs (OFCCP). She
JAG Specialties
(602) 300-2023 is currently vice president for Programs at the Legal Aid Society-Employment
Flossie Christensen, Chair Law Center in San Francisco, where she has worked for 25 years. Shiu has
Las Vegas SNILG Chapter
Bank of Nevada zealously advocated for women’s rights in the workplace and helped draft
(702) 248-4200 legislation that led to the enactment of California’s Family Rights Act, which
Gail Painter, PHR
Vice President
provides for leave rights similar to those in the federal Family and Medical Leave
EEO/AA Compliance Specialist Act, and the more-recent California Paid Family Leave Act.
(623) 202-9058
Maria Sandoval, Treasurer
In 2005, Shiu received the Joe Morozumi Lifetime Achievement Award of
Shamrock Foods the Asian-American Bar Association of the Greater [San Francisco] Bay Area for
(602)477-2529 her “remarkable career [devoted to] ensuring that poor women, particularly
Rebecca Rand
Recording Secretary immigrants, women of color, single mothers, and those with disabilities are
American Express treated legally, fairly, and with dignity.” (Morozumi, who died in 1996,
(602) 537-2960
Wayne Oliver
advocated for reparations for Japanese-American interns, and he also
The Sundt Companies, Inc. represented protestors and conscientious objectors during the Vietnam War, as
(480) 293-3107 well as political activists.)
Tom Arn
Quarles & Brady In 2002, Shiu received the “Woman Warrior Award” of the Pacific Asian
(602) 229-5342 American Women Bay Area Coalition, which recognized her as “one of the
Neil Bourque
The Marc Center feistiest and most relentless Asian-American litigators.” She is also a 2002
(480) 969-3800 recipient of the California Women’s Law Center Abby J. Liebman Pursuit of
George Thorne
Jobing.com
(Continued on page 3.)
(602) 914-7507
Lisa Barnum
Boeing Company
480-648-7944
September 15 Membership Meeting
Evelyn Miller
Raytheon Heroes to Hometowns
520-794-9997
Charlene Valestin (Veterans & the Workplace)
Zions Bancorporation
(928) 899-4199 Michael Espinosa, Director, US Dept of Labor
Lida Daniels
Blood Systems
Veterans Employment & Training Service
(480) 675-5607
Quad A Administrator
Chris Weakland
Time: 8:30-10:00 a.m.
Legacy Partners Consulting Location: AZ Workforce
& Coaching, LLC
(602) 377-0404 Connection
Membership meetings are the
3406 N. 51st Ave (No of
3rd Tuesday of every month Thomas)
from 8:30-10:00 a.m.
Arizona Affirmative Action Association Page 1

2. 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

3. (Continued from Page 1) parties are invited to submit comments on the
proposed regulations no later than Sept. 2, 2009.
Justice Award, named for one of the directors of
the law center. Recordkeeping, Hiring, Stimulus Recipients Are
Because the Department of Labor is Getting OFCCP’s Attention
eliminating the Employment Standards The 27th Annual Industry Liaison Group
Administration, which will raise the OFCCP a tier National Conference was held in Atlanta July
within the DOL structure and make the head of the 28-31, 2009. This conference typically allows
OFCCP an assistant secretary, it is unclear whether federal contractors to interact with top OFCCP and
Shiu will then need to be confirmed by the Senate. Equal Employment Opportunity Commission
What is clear is that employers can expect a more (EEOC) officials and share information in a no
aggressive OFCCP under Shiu’s leadership. adversarial setting.
Regional directors attending the conference this
DOL Issues Proposed Rule on Federal Rights year noted that recordkeeping violations continue
Poster and Contract Clause to be the predominant compliance problem and
In other OFCCP news, the DOL issued that hiring discrimination accounts for the vast
proposed regulations for implementing President majority of their monetary recoveries.
Barack Obama’s Jan. 30, 2009, Executive Order, The OFCCP is now concentrating on
which requires that federal contractors post educating—and auditing—construction
notices informing employees of their rights under contractors who receive federal stimulus money.
federal labor laws. In response to a question, the regional
The proposed poster lists a variety of directors also noted that whites and males are
employee rights, including the right to form or join protected by Executive Order 11246 and may, in
a union and to discuss terms and conditions of some cases, become the protected class if other
employment with co-workers, and advises groups are statistically the “most favored.”
employees how to lodge a complaint if they However, the regional directors agreed that
believe their rights have been violated. If females and minority groups are still most often
approved, the proposed poster will be available the focus of compliance reviews.
from a variety of sources, including the OFCCP and This year, due to the change in
the Office of Labor-Management Standards web administrations, both the OFCCP and the EEOC
site. Contractors who normally post employee were without agency heads and were therefore
notices electronically would also be required to unable to relay the high-level agency direction
post this notice electronically. generally provided at the conference.
The proposed regulations also set forth Cara Crotty is an attorney in the Columbia,
language, which—if adopted—will have to be S.C., office of Constangy, Brooks & Smith, which
included in all government contracts and has counseled employers on labor and
subcontracts valued at more than $100,000. employment law matters, exclusively, since 1946.
Contractors will not be allowed to incorporate the Republished with permission. © 2009 Constangy,
language by reference; the language must be Brooks & Smith LLP. All rights reserved.
quoted verbatim in the contract. The proposed
contract clause is long, and includes the language Save the Date
to be posted in contractors’ facilities.
Quad A’s 12 Annual
th
Under this proposed rule, the OFCCP is authorized
to conduct compliance reviews to determine
contractors’ compliance with both the poster Compliance Conference
requirement and inclusion of the contract
language in covered subcontracts. Interested November 17, 2009
Arizona Affirmative Action Association Page 3

4. 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 craig.oloughlin@quarles.com, David Barton at (602) 230-5526 or e-
mail david.barton@quarles.com or your local Quarles & Brady attorney.
2009 Calendar of Events
DATE TOPIC LOCATION
June, July, August Summer Break Summer Break
September 15, 8:30-10:00 Heroes to Hometowns (Veterans & the Shamrock Foods
Monthly Member Meeting Workplace) 2540 N. 29th Ave, Phoenix
No cost to members Parking: Visitors’ Designated Spaces
October 20, 8:30-10:00 In Celebration of Diversity Month Jobing.com
Monthly Member Meeting 4747 N. 22nd Street, Phoenix
No cost to members Parking: Visitors’ Designated Spaces
November 17, 7:30-4:00 12th Annual Compliance Conf Black Canyon Conference Center
Annual Compliance Conf 9440 N. 25th Avenue, Phoenix, AZ
$100 members; $150 nonmembers Open Parking
December 1 Annual Members Only Holiday Roundtable Jobing.com
Member Roundtable 4747 N. 22nd Street, Phoenix
$0 members; $75 nonmembers Parking: Visitors’ Designated Spaces
Arizona Affirmative Action Association Page 4

5. In appreciation…
Back: John Garza, Becky Rand, Wayne Oliver, George Thorne
Front: 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

6. 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