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U.S. DOL issues 2 new directives on equal employment opportunity, religious freedom
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently announced two new directives focused on ensuring equal employment opportunity and religious freedom. The equal employment opportunity directive (2018-04) calls for focused reviews of contractor compliance with federal anti-discrimination laws, and the religious freedom directive (2018-03) incorporates recent developments protecting the […]
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The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently announced two new directives focused on ensuring equal employment opportunity and religious freedom. The equal employment opportunity directive (2018-04) calls for focused reviews of contractor compliance with federal anti-discrimination laws, and the religious freedom directive (2018-03) incorporates recent developments protecting the rights of religion-exercising organizations and individuals.
Federal contractors are required to take affirmative steps to ensure equal opportunity in their employment processes. OFCCP enforces federal laws that prohibit federal contractors and subcontractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, and status as a qualified individual with a disability or protected veteran. Contractors and subcontractors also are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations.
Equal employment opportunity directive (2018-04)
Through this directive, the OFCCP will implement a comprehensive initiative by directing a portion of future scheduling lists (starting in Fiscal Year 2019) to include focused reviews for contractor compliance with (1) Executive Order 11246; (2) Section 503 of the Rehabilitation Act of 1973, as amended; and (3) the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended. The focused reviews will be conducted by OFCCP going onsite and doing a comprehensive review of the particular authority at issue. “For example, in a Section 503 focused review, the compliance officer would review policies and practices of the contractor related solely to Section 503 compliance. The review would include interviews with managers responsible for equal employment opportunity and Section 503 compliance — such as the ADA (Americans with Disabilities Act) coordinator — as well as employees affected by those policies. OFCCP would also seek to evaluate hiring and compensation data, as well as the handling of accommodation requests, to ensure that individuals with disabilities are not being discriminated against in employment.”
The focused reviews will be selected from the same neutral system used to create OFCCP’s supply and service scheduling list. OFCCP staff is directed to develop a standard protocol for conducting focused reviews and to make this information publicly available in FAQs prior to the next scheduling list being used.
Religious freedom directive (2018-03)
The “religious freedom” directive instructs OFCCP staff to take into account recent U.S. Supreme Court decisions and White House executive orders that protect religious freedom and afford broad anti-discrimination protections to religion-exercising organizations and individuals under the U.S. Constitution and federal law. President Trump has issued executive orders “making clear the Administration’s commitment to robust protections for religious freedom, as well as ensuring a level playing field for faith-based organizations to compete for federal grants, contracts, programs, and other funding opportunities.”
OFCCP directives provide guidance to OFCCP’s staff and federal contractors on enforcement and compliance policy or procedures. They do not change existing laws or regulations governing OFCCP’s programs and do not establish any legally enforceable rights or obligations.
Larry P. Malfitano is a member (partner) at Bond, Schoeneck & King PLLC in Syracuse. He is a former chair of the firm’s labor and employment law department and a member of the firm’s management committee. He exclusively represents employers in all aspects of labor and employment law. Contact Malfitano at lmalfitano@bsk.com. This article is drawn from an Aug. 22 posting on the firm’s New York Labor and Employment Law Report blog.

CNY colleges receive SUNY clean energy workforce development funding
Several Central New York universities and colleges are among those participating in a $15 million state program to fund two initiatives that will promote clean-energy workforce development and training programs on SUNY campuses. Nearly $6 million was awarded to SUNY campuses to train more workers in the clean-energy sector. In addition, a request for proposals
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Several Central New York universities and colleges are among those participating in a $15 million state program to fund two initiatives that will promote clean-energy workforce development and training programs on SUNY campuses.
Nearly $6 million was awarded to SUNY campuses to train more workers in the clean-energy sector. In addition, a request for proposals (RFP) was made available to all SUNY campuses for grants totaling $9 million to provide apprenticeships, internships, and educational programs and support through industry partnerships across the state, according to a Sept. 4 news release from Gov. Andrew Cuomo’s office. These initiatives are part of Climate Jobs NY, a part of the Clean Climate Careers initiative.
“Workforce training and development programs are crucial to the economic growth and sustainability of New York State. These funds will ensure that New York is generating trained employees for a growing industry, while furthering the Governor’s commitment to clean energy,” Howard Zemsky, Empire State Development president, CEO and commissioner, said in the release.
As part of the $9 million RFP for additional grants, the SUNY university system will explore opportunities for partnerships with state and local agencies, including the Department of Labor, the New York State Energy Research and Development Authority (NYSERDA), Empire State Development, and industrial development agencies. These partnerships will aim to meet existing and emerging “critical workforce needs” of New York’s clean-energy industry, drive regional economic development, and provide hands-on learning to students, the state says.
Up to $1 million of the RFP is allocated specifically for Community College Regional Council awards to develop events and workshops that will foster partnerships between clean-energy companies and SUNY community colleges in the region, share best practices among community colleges on curricula materials and tools to accelerate the pace of clean-energy workforce development, and plan regional strategies to promote a “culture of environmental sustainability.”
Campus proposals awarded Sept. 4 were reviewed by a committee with representation from SUNY, NYSERDA, and the Department of Labor. The governor’s office said the awarded proposals include the following:
• Binghamton University will establish a Clean Energy Undergraduate Research Program within its Freshman Research Immersion program. The new clean-energy initiative will provide a summer component, including research fellowships for under-represented minority students and internships with clean-energy companies.
• SUNY Canton will enhance its Solar Ready Vets program on-site at Fort Drum. The training provides a micro-credential program in renewable energy specifically for veterans transitioning to civilian life.
• SUNY Oswego will develop and enhance the campus’s energy laboratories to support the curriculum of multiple departments. The campus will also expand research and applied-learning opportunities and strengthen collaboration and student transfer between SUNY Oswego and Onondaga Community College.
• SUNY Polytechnic Institute will partner with SUNY College of Environmental Science and Forestry (ESF) and SUNY Oneonta to offer experiential learning opportunities for students to apply green-building principles by Leadership in Energy and Environmental Design (LEED) certifying SUNY campus buildings. LEED-accredited professionals will engage undergraduate students in the LEED existing buildings operations and maintenance certification process and the LEED for building design and construction via experiential learning projects tied to new courses.
Other winning proposals outside Central New York included initiatives at Buffalo State College, University at Buffalo, Erie Community College, Farmingdale State College, SUNY Maritime, and Nassau Community College.
State awards $14.7M for water-quality projects on farms
Gov. Andrew M. Cuomo recently announced that $14.7 million has een awarded to implement water-quality protection projects on 43 farms across New York. The funding was provided through the second round of the Concentrated Animal Feeding Operation Waste Storage and Transfer System Program. It supports projects that will allow large livestock farms to better manage and
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Gov. Andrew M. Cuomo recently announced that $14.7 million has een awarded to implement water-quality protection projects on 43 farms across New York.
The funding was provided through the second round of the Concentrated Animal Feeding Operation Waste Storage and Transfer System Program. It supports projects that will allow large livestock farms to better manage and store nutrients, such as manure, to protect ground water and nearby waterways, according to a release from the governor’s office. The program is part of the governor’s
$2.5 billion Clean Water Infrastructure Act of 2017, which invests in drinking water and wastewater infrastructure projects and other water-quality protections statewide.
Through the program, 50 waste storage and transfer systems will be installed on Concentrated Animal Feeding Operation (CAFO) permitted farms in 22 counties across the state. Grants will help offset the cost of construction, site preparation, and associated best-management practices. Funded projects will also help farmers meet the New York State Department of Environmental Conservation’s environmental requirements first announced in January 2017.
The funding is being provided to County Soil and Water Conservation Districts in the Capital Region, Central New York, Finger Lakes, Mohawk Valley, North Country, Southern Tier, and Western New York regions. The districts applied for this funding on behalf of eligible farmers in the region.
A list of funding being provided to the districts is available at: https://www.agriculture.ny.gov/Press%20Releases/cafo-waste-storage-and-transfer-sys-r2-awards.pdf.
In December 2017, Gov. Cuomo announced $20 million had been awarded through round one of the program to implement water-quality protection projects on 56 farms throughout the state. The Department of Agriculture and Markets will launch a third application period for an additional $15 million in grant funding in 2019.
“Environmental stewardship is an important part of farming in New York State and our Districts are critical to their success. Our farmers know that by caring for the land, the land gives back to us,” State Agriculture Commissioner Richard A. Ball said in the release.
New York state has more than 500 CAFO farms, most of which are dairy farms with 300 or more cows. CAFOs can also include associated livestock operations such as beef, poultry, and equine farms. Grant funding for the CAFO Waste Storage and Transfer System Program is available over three consecutive application rounds, the release stated.
Leadership Mohawk Valley announces Class of 2019
UTICA — Leadership Mohawk Valley (LMV) has announced its Class of 2019, with 32 participants from the business, government, and nonprofit sectors in Herkimer and Oneida counties. This marks Leadership Mohawk Valley’s 29th year of helping to develop and inform the Mohawk Valley’s leaders by exposing them to all aspects of the region during a
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UTICA — Leadership Mohawk Valley (LMV) has announced its Class of 2019, with 32 participants from the business, government, and nonprofit sectors in Herkimer and Oneida counties.
This marks Leadership Mohawk Valley’s 29th year of helping to develop and inform the Mohawk Valley’s leaders by exposing them to all aspects of the region during a program year, spanning from September 2018 to June 2019, LMV said in a news release.
This is the first class in the LMV program under the newly formed Center for Leadership Excellence, a partnership between LMV and Mohawk Valley Community College (MVCC), the release said. This joint effort creates an “innovative and high impact center to address the region’s need for effective, equipped, and engaged community leaders,” the organizations contended.
The LMV Class of 2019 kicked off with a day and a half opening retreat on MVCC’s Rome campus and at The Root Farm in Sauquoit. The class will then meet one day a month to focus on a specific aspect of the community. Topics will include human services, health care, wellness, education and lifelong learning, economic development, and more. The days give participants a hands-on look at key organizations, access to decision-makers, and issues facing that particular field in the Mohawk Valley, LMV said.
The LMV Class of 2019 is comprised of the following people.
– Benjamin Atwood, Young Scholars LPP, Utica College
– Edward Barone, III, Empower Federal Credit Union
– Alicia Brockway, NBT Bank
– Erin Bushinger, Assured Information Security
– Jeremy Butler, Kids Oneida
– Maria Cofano, Air Force Research Laboratory
– John Eckmair, Utica National Insurance Group
– Steven Edwards, Revere Copper Products
– Stephanie Eghigian, Empowered Pathways/WERC
– Erin Fish, RCIL
– Kayla Hartman, Masonic Care Community
– Kristen Hutchins, Rome Memorial Hospital
– Kathryn Karl, Kas by Kas Consulting
– Carrie Klepadlo, C&D Advertising
– Karen Korotzer, The Arc, Oneida-Lewis Chapter
– Ross Kraft, Gilroy Kernan & Gilroy
– Jason Lewin, AmeriCU Credit Union
– Joseph Miller, Eastern Air Defense Sector
– Jaime Morse, Air Force Research Laboratory
– Sandy Nemeyer, The Parkway Center
– Paris Pearson, The House of the Good Shepherd
– Jessica Reilly, Excellus BCBS
– Scott Riffle, Arc Herkimer/Herkimer Industries
– Amy Roache-Fedchenko, Fort Stanwix National Monument
– Melissa Robison, First Source Federal Credit Union
– Jason Rutherford, Eastern Air Defense Sector
– Christopher Sagaas, Utica Public Library
– Rebecca Spataro-Kearns, Boilermaker Road Race
– Douglas Walters, Strategic Financial Services
– Judy Wolf, Mohawk Valley Small Business Development Center
– Karlie Wolfe, M&T Bank
– Thomas Wynne, M. Griffith Investment Services
For more information on Leadership Mohawk Valley or the Center for Leadership Excellence, visit www.mvcc.edu/cle.

SEC fines Cadaret, Grant, top officials, and a broker for an investment recommendation
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What channel is the Syracuse football game on? (vs. Florida State)
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Syracuse basketball point guard Frank Howard suffers injury
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NUAIR selects AirMap as UTM provider at Griffiss test site
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ACC announces conference game dates, times for Syracuse 2018-19 men’s basketball schedule
Game photo credit: Adam Rombel/ BJNN file photo of 2018 Virginia at Syracuse game
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