Strategies for Winning the Gamaliel of Illinois “100 Ready Workers” Campaign Reforming U.S. Departments of Labor and Housing and Urban Development Workforce Regulations

CIVIL RIGHTS MOVEMENT AND THE GREAT SOCIETY PROGRAMS U.S. DOL AND HUD 2013 REGULATORY REFORM AGENDA THE POLITICAL LANDSCAPE AND OPPORTUNITY Background and Opportunity for Revising Workforce Regulations

DOL Affirmative Action in Federally Funded Construction (Executive Order 11246) Office of Federal Contract Compliance Programs (OFCCP at U.S. Department of Labor) Federal contractors are required to:  Provide equal employment opportunity on the basis of:  National origin  Race  Color  Sex  Religion  Disability  Protected Veteran Status  Take affirmative action to promote opportunities for women and minorities  Note: 16 Steps – 41 CFR (a)(7)

DOL Apprenticeship Program Regulations (Title 29 CFR Part 29, Part 30) Office of Apprenticeships (ETA at U.S. Department of Labor) The Fitzgerald Act of 1937 Part 29 focused on ensuring that apprenticeship remains a highly successful talent development strategy (last revised in 2008)  Promotes apprenticeship and advances the National Apprenticeship System  Protects the welfare of the apprentices  Provides consistency and accountability across the system to enhance program quality and performance  Creates flexibility within the apprenticeship model and aligns it with the needs of a new generation of workers and a broad range of employers Part 30 focused on ensuring equal employment opportunity

HUD Section 3 Workforce Regulations (24 CFR Part 135) Section 3 provisions ensure that employment and other economic opportunities (such as construction contracts) generated by federal assistance for housing and community development programs be directed to low and very low income people, particularly people who receive government housing assistance “to the greatest extent feasible” [Sec (a)]. This is not a requirement to create jobs. Office of Fair Housing and Equal Opportunity (FHEO at HUD).

Section 3, cont’d Employment goals for “new” job slots at housing of community development construction projects funded by HUD programs  30% for non-housing construction, mostly CDBG, and public housing capital improvements, or modernization, or even operating funds (triggered by $1.00 of public housing money)  10% for rehab or housing construction $200,000 spent on construction is threshold for “Recipients”

JOBS FOR ALL: BUILDING A DIVERSE, 21 ST CENTURY WORKFORCE THROUGH REGULATORY REFORM Gamaliel’s National Jobs Campaign

2 Phases of the Campaign Creating the political will to move the regulations through the administrative process Engaging the Administration around critical reforms  Affirmative Action re: Federally-Funded Construction  Increase minority and women workforce utilization goals (not updated since 1979)  Expand sanctions, increase penalties, withhold payments, make disbarment a real threat for non-compliant contractors  Focus on commitment to goals rather than “good faith” effort  Target mega projects  Increase accountability and transparency

2 Phases of the Campaign Engaging the Administration around critical reforms  Apprenticeship Program  Ensure fair and effective selection processes  Expand regulations to address and support equitable training and retention of apprentices  Increase accountability and emphasize results over “good faith effort”

2 Phases of the Campaign Engaging the Administration around critical reforms  Section 3 Workforce  Close new hires loophole  Stop rewarding businesses that pay low wages  Develop and enforce protocols for remediation and sanctions  Consider contracts for Section 3 projects on cumulative basis  Increase transparency and public accountability  Encourage linkaes with pre-apprenticeship and apprenticeship programs

Strategies for Winning the Gamaliel of Illinois “100 Ready Workers” Campaign Reforming U.S. Departments of Labor and Housing and Urban Development Workforce Regulations