but they did respond when the eeoc sued them.decoster settled the case and the women were awarded $1.3 million, but decoster denied any wrongdoing. >> bergman: in the years following the decoster case, sonia parras became one of the country's leading advocates for abused immigrant women. parras is herself an immigrant from spain, and she was shocked by the working conditions she found in this country. >> this is the land of the dreams and the freedom and where you make your dreams come true. this wasn't supposed to be happening like this here. >> bergman: in 2008, parras began to hear rumors that federal agents were mobilizing near the town of postville, iowa. >> and sure enough, we started tuning into the news, and the raid was happening at that moment. >> federal agents raided this meatpacking plant in iowa on monday... >> those agents are executing a criminal search warrant for people illegally in the united state >> bergman: the raid would highlight a key question. should federal authorities treat abused undocumented workers

luego amenazÓ a la vÍctima, si se quejaba del acoso sexual. >> eeoc contra harris farms, fue el primeranimales se extienden a lo largo del valle central de california, y sus plantaciones de almendras se extienden por millas. >> olivia tamayo dijo que en una tarde de verano el supervisor le ordenÓ entrar a su camioneta. >> me llegÓ una secciÓn de almendras, y ahÍ fue donde abusÓ. Ésa fue la primera vez con amenazas desde ese momento Él me mostrÓ una arma o pistola. yo me defendÍa como yo podÍa, abusÓ de mÍ, me violÓ siempre decÍa que, que yo le pertenecÍa, y que nunca me iba a dejar en paz. ♪. >> usted tuvo relaciones sexuales con la seÑora tamayo en esta ocasiÓn, en ese tiempo. >> renÉ rodrÍguez era el mayordomo de harris farms, a quien olivia tamayo acusÓ de violaciÓn. >> en su casa sÍ. >> en un testimonio antes del juicio insistiÓ en que su relaciÓn fue consensual. >> estÁ usted diciendo de que ella se habÍa puesto una bata para dormir, cuando ella salÍa a recibirlo a usted. >> exactamente. >> olivia declarÓ que rodrÍguez la violÓ tres veces en una plantaciÓn de almendras de nuevo mi

>> la eeoc, es la Única agencia federal con el mandato de eliminar el acoso sexual en los campos, no y en el 2002 lo hicieron con un caso muy importante. >> ese fue el caso en contra de harris farms, que involucrÓ a una agricultura que fue violada tres veces por su supervisor a punta de pistola. luego amenazÓ a la vÍctima, si se quejaba del acoso sexual. >> eeoc contra harris farms, fue el primer caso de su tipo en ir a juicio. harris farms, es una de las compaÑÍas mÁs grandes en la agroindustria de la naciÓn, los campos para alimentar animales se extienden a lo largo del valle central de california, y sus plantaciones de almendras se extienden por millas. >> olivia tamayo dijo que en una tarde de verano el supervisor le ordenÓ entrar a su camioneta. >> me llegÓ una seccion de almendras, y ahÍ fue donde abusÓ. Ésa fue la primera vez con amenazas, desde ese momento Él me mostrÓ una arma o pistola. yo me defendÍa como yo podia, abusÓ de mÍ, me violÓ, siempre decÍa que, que yo le pertenecÍa, y que nunca me iba a dejar en paz. ♪. >> usted tuvo relaciones sexuales con la seÑora tamayo en

eeoc was waiting to latch on a case like this.y had statistics they're going back several years and trying to latch on to that feds are talking out of both side of their mouth. it is not unusual under federal law to look at old convictions. for certain crimes, 10 or 15 years ago someone could be imported that involved a crime with potentially imprisonment for over a year. you mean someone can be deported for a certain crime or i will get sued for hiring them? that is a convoluted in my view. melissa: if you hire someone convicted of pedophilia or attacking a child to work in a nursery school, and then later they attack a child again without question aren't you liable then to that family, legally? >> you have negligent hiring. you have negligent retention issues. you get in front after jury with a situation like that and they will absolutely crush the company. companies need to have latitude to exert reasonable policies and procedures to make hr decisions. melissa: yeah. >> you're absolutely right. it is really a big problem. this

if they apply the criteria they get sued by the eeoc.f they don't apply i a allow someone convicted to come in and they create a problem or someooe gets harmed at the wor place then they could get sued for wrongful retention or hiring. >> they can wow, that is interesting. ty, that is compelling argument. i also wonder if you're hirin someone to operate a cash register it seems relevant to look to see if they evereen convicted of te crime of stealing money from someone. i don't know, you can't do that and not hire them onhat basis? >> yeah, absoluty. the employ hears every rht to screen based on whether a candidate has a criminal background right? it's cle tha if you're handling money and you're an accountatant and stolen from a past employer you shoul not handle money again and you should be able to screen based on these pretees. >> seth, what is wrong with that? why is that not okay? >> i agree with you completely. the probleme have bureaucrats in washington, specifically at th eeoc, want to march into the hrepartment, lift up hood on

the eeoc isn't even alleging that.es had criminal background checks and federal statistics show that blacks are convicted far far more often than whites of serious crimes, therefore fewer blacks got the jobs, or to look at it another way, more blacks rejected from getting the jobs and the eeoc or, more precisely, the liberal bureaucrats at the eeoc contend that in and of itself is racial discriminatio discrimination. >> they say, and i quote, it is an issue of fairness. they say people should pay for their crimes but should they pay for them for the rest of their lives. they think bmw and these other employers are making them do that. >> that's a fair statement, at least from their point of view and an arguable statement. their position is that t the -- each case should be handled individually, that the employer should go to the prospective job seeker and he or she should have the opportunity to say, you should hire me despite my conviction on murder charges years ago or armed robbery or whatever it is. that's not a cr

claims were made through the eeoc, they're claiming racial discrimination here.n employer to be retaining an employee with a bad criminal history and next thing you know -- >> no, no. >> you've got a problem. that's what the case is about. >> okay, avery. you're in total disagreement. >> yeah, absolutely. look, this case is predicated on a regulation that's 14 months old. and if you use, if you use criminal background checks to systemically discriminate against black people and it doesn't relate to the job, then it's appropriate to proceed with this prosecution. i actually think if the eeoc, if the government can show they're doing those two things, systemically discriminating and if the conviction doesn't relate to the job, i think they're going to prevail. you can't use a criminal background check to keep people from unemployed. why would for example -- >> yes, you can. >> why would a drug possession have anything to do with being a waitress for example? if it were embezzlement -- well, it does happen all the time. >> keep someone from actually getting a job. >

that eeoc there to end discrimination but as it responded they have to expand the definition. so now if you don't like to hire people who have been imprisoned they think that is discrimination. >> host: you write and "intellectuals and race" the kind of society that can lead with the race industry is one in which a newborn baby enters the world, supplied with prepackage grievances against other babies born the same day. >> guest: yes. yes. the idea that you can redress history without a specific context is around the world. but one of the goals they had was to redress the injustice is. nobody from the 17th century was alive at the end of the great world war. so they try to take this out by policies and the sets in motion a chain of the events that they were worse off than they had ever been before trying to undo what happens. >> host: do we have policies in this country that are formed the save my? >> guest: yes. we are one of many. affirmative action, the demand for reparations and so on. one of the sad things is we talk in this country that slavery was something unique -- un

the eeoc says bmw's whizzed contractors of the plan in 2008 and instructed employees of the old contractthe site to reapply with the new firm. this new firm was instructed to conduct a fresh criminal background checks on all applicants. the commission says those convictions were denied rehire. a% of homes were african-americans. bmw denied the accusations. >> just one month after bonus 787 return to service, another japanese airline the spirit of a mechanical problem this week. all anippon airways says one of the engines on one of the planes would not start today, and passengers had to take other flights. yester day, there was a problem with the deicing system on a japan airlines flight. the problem related to lithium ion battery of reading problems that grounded boeing 78744 months. >> a live if flight within california's $1,600 a month. an unlimited flights within california for $1,600 a month. starting today that's what a new startup company surf there is offering. is a the company's web site. earlier this month, surf chair at the green light from the faa to begin flying to start surf

dennis: marriages said the eeoc is out of control. what do you think? >> absolutely false. first of all, this is ben slauson said to 71. it was a case called race starts. status by the u.s. supreme court. take the example of having a requirement that you have a must have a high-school diploma and ordered to be a janitor. you know or it seems to be that in your area, of blacks the don't have high-school diplomas. when they need high-school diploma? dennis: wait a minute. they have to have a high-school. >> this is not in the text of the law. this is why the obama administration dedicates pulled from the supreme court last year there will fight this. the ultimately the supreme court will be given the opportunity to clarify this. dennis: go ahead. >> i was is going to say, is not a political issue. this is a legal issue. if you have a criteria that is not related to the job, for example, if you were busted for drug possession ten years ago and your working on record and store is no relationship between a criminal record of nearly what you're having is people coming at a jail o

we have eeoc, 10 or 11,000 complaints each year we get in eeoc complaints. are also some indicators that racism is a vital and very much vibrant, dynamic part of american society right new. >> racism is always going to be a problem just like crime is always going to be a problem. the question is do we want to consolidate more power in the federal government when we have an opportunity to decentralize it now that we're past the worst of it. no one can deny conditions on the ground are nowhere near what was faced in the 1960s. at that time vra had a five-year renewal period. why are the burdens heavier on vra in state sovereignty than 1960s. it makes no sense. i hope the court will see through those arguments and strikeette down. >> can i ask one question? congress had an opportunity to strike it down and did not. in the senate, as i said earlier, the vote was 98-0, why should the supreme court be in the position of making this judgment when elected officials of the country have made a adjustment that is antithetical to what you're saying. >> because the court

could be holding a two day summit with president she of china and cyber attacks on the part of the eeoce united states are high on that agenda and suddenly there be this revelation by a leader from booz allen hamilton working for a nsa? >> and that makes it very suspicious and very understandable to try to get answers to those questions. is there someone who has brought this guy up? is it just coincidence? we don't know. it certainly seems very, very suspicious. it is interesting that this cinnamon only works for three months in his job. that raises a lot of suspicions, to. ♪ hampton, we thank you. thank you. appreciated as always. coming up tomorrow, we will be talking with the house judiciary committee chairman talking about his investigation into the attorney general perjury, if, indeed, it turns out to be. up next, looking to become more transparent. or at least the administration. stay with us. ♪ my mantra? trust yourtincts to make the call. to treat my lotestosrone, my doctor and i went wh axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2

i mean, the epa, the eeoc, the -- you name these alphabet agencies, and, in fact, he and daniel tried to put in a negative income tax, and they couldn't get it through congress, but they tried, and i remember a few days -- few years ago, bob dole made a tv series for public television in which he comments there's stlowtly no way richard nixon could get the republican nomination today because he was far too progressive. in fact, in many ways, his economics was to the left of barack obama's. of course, he opened up china, made the first -- was it salt treaty with the russians, so it was a very exciting time to be there, and it was with great regret that i left, but as i say, it increasingly dawned on me he could not have been unaware of what was going on. >> well, you make that point in the book that you felt just as a matter of principle after watergate and all the revelations afterwards you couldn't stay. >> that's right. i tried to tell this to herb stein who was then chairman of the council, a good friend, a man of personal integrity, but a huge loyalist of the president, and i trie

the eeoc says bmw's which contractors at the plant in 2008 and instructed employees of the old contractorking at the site to reapply with a new farm. this new firm was instructed to conduct fresh criminal background checks on all applicants. the commission says of those with criminal convictions were denied rehire, 80 percent of home were african-american. bmw denies the accusations. >> it looks like your ride on southbound 680 is a touch slow this morning but it does not look like anything out of the ordinary. we will be right back. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for

pushed employees out of the office, this missed employees wrongly, violated the hiring laws by the eeoc,". did you learn who these individuals were? did you take any adverse personnel actions against them? >> i recently saw a copy of that anonymous letter. again, i have not taken adverse action against anyone that i've worked with. i was quite surprised by the nature of the allegations. whether it is at the atf for the u.s. attorney's office, in both situations, i came into a less than perfect environment and, quite frankly, i have been an agent of change. change is hard sometimes for individuals to deal with and i have always focused on doing the right thing for the right reasons. sometimes, they are not happy about the direction overall. >> i'm including in that statement about adverse personnel action and unwanted or retaliatory. does that change your answer? >> again, i'm not familiar with the osc complaint. i'm at somewhat of a disadvantage with the facts. i can say that privacy considerations do fit into the picture. i have a certain awareness about disciplinary process, but it ha

needed but also for employment or education opportunities space to acknowledge the efforts of the eeoc to reach out for veterans under the ada and we hope that greater inter agency collaboration between va and department of labour and the eeoc will make sure that they understand the protections available to them. thank you for the opportunity to present our views this concludes our testimony. >> our staff has asked you to confirm whether there are any individuals in our audience that have the need for signing which interpretation please notify the commission staff. thank you. >> chairman and commissioners thank you for allowing us to come before you to make comments. we have sat on the side of the table and our founder hector garcia was nominated by president johnson years ago. the reform did star as an advocacy group for the over 500,000 mexican veterans and i say mexican because most of them were from the southwest at the time of mexican descent of world war ii with the discrimination they were facing at the time but we have evolved as a veterans' organization. even though the majori

we would like to acknowledge the efforts of the equal employment opportunity commission or eeoc to reach out to veterans with disabilities about protections available to them under the ada, and we hope that greater interagency collaboration between the va, the department of labor and eeoc will insure that disabled veterans under the protections available to them. again, thank you for the opportunity to present our views regarding protecting the civil rights of disabled veterans. this concludes my testimony. >> thanks, ms. ansley. our staff has asked me just to confirm whether there are any individuals in our audience that have the need for sign language interpretation. if so, please notify the commission staff. thank you. mr. gonzalez. >> chairman castro and commissioner, thank you very much for allowing the american g.i. forum to come before you and make some comments. we have sat on that side of the table. our founder, dr. hector garcia, was nominated and appointed by president johnson years ago. the american d.i. forum -- g.i. forum did start as an advocacy group for the over 00,000 -

the eeoc has charged bmw north america and dollar general for allegedly using criminal background checks african-americans. the law does not prohibit them from using background checks to consider applicants. 87% of companies use them for all or some of the applicants. but we can go after employers with things criminal background checks are used to sweepingly without the company looking in each applicant at a case-by-case basis. how long ago it happened. >> this is a difficult area for employers to navigate because the consequences of making a poor hiring decision can be great for you and safety implications to the customers. financial implications for the company and open organization up to risk. >> civil rights activists say screening applicants with background checks can discriminate against blacks because they are incarcerated at much higher rates than latinos or whites. david lopez said in a statement the commission is committed to using public education and informal resolution for hiring practices but when these methods are unsuccessful, the commission will seek redress from the fed

me and two more guys went and filed some charges with the eeoc. nothing was done, and nothing will be done. but this did not just happen under the manager then. this happened under another man who was manager. this is the kind of situation you get into. and then you try to figure out what is wrong with the black community. that is part of the problem, the jobs. guest: let me go back to one point, and that is, it was fascinating to hear him talk about stereotyping and then say the problem is that black people fear black people, not just white people. is that not stereotyping? should any of those young men he spoke to at morehouse be feared? of course not. it this is the case, i should fear every white man i see. after newtown, aurora, all of these incidents is that we hear about, why is it that we stereotype the fear of black men, but not the fear of men who look like you who commit horrendous crimes? host: the president talked about that at morehouse. let me share what he had to say. [video clip] >> to be a good role model, set a good example for

pushed employees out of the office, dismissed employees wrongly, violated the hiring practices of eeoc and put in place an orwellian-style management that continues to polarize the office, end of quote. next a former special agent in charge of fei's minnesota division, mr. donald oswald, wrote to this committee voicing concerns about mr. jones. in that letter he wrote, quote: as a retired fbi senior executive, i'm one of the few voices able to publicly express our complete discontent with mr. jones' ineffective leadership and poor service provided to the federal law enforcement community without fear of retaliation or retribution from him, end of quote. of course, those are chilling words. he cautioned, quote: mr. jones was and still remains a significant impediment for federal law enforcement to effectively protect the citizens of minnesota, end of quote. the concerns and allegations in mr. oswald's letter were corroborated by another assistant u.s. attorney in mr. jones' office, mr. jeffrey paulson. yesterday mr. paulson gave his consent that his whistleblower disclosure complaint be

so i think what struck me is the eeoc has something because the of the nondiscrimination laws that i mentioned from title vii gender and race, national origin to the americans with disabilities act which also comes into play and they held a hearing earlier this month on wellness programs. and i was sort of struck. i am sure all of you expect me to call about an employer or some organization since i come from the afl-cio and i promise not to disappoint you. the chamber of commerce submitted a letter after they heard testimony from the selected witnesses and the chamber of commerce submitted a letter that basically says if employers comply with the requirement under the affordable care act and hippa there is no reason for the eeoc to impose additional requirements on this area and we defend. thank you. >> very good. thank you been very much. we are going to turn to what now. she holds a law degree and ph.d. from harvard. she's taught at michigan and she holds and a ray of academic and advisory posts. and most immediately she is the lead author about wellness programs and the substantia

pushed employees out of the office, this missed employees wrongly, violated the hiring ,".s by the eeoc did you learn who these individuals were? did you take any adverse personnel actions against them? recently saw a copy of that .nonymous letter again, i have not taken adverse action against anyone that i've worked with. i was quite surprised by the nature of the allegations. whether it is at the atf for the u.s. attorney's office, in both situations, i came into a less than perfect environment and, quite frankly, i have been an agent of change. change is hard sometimes for individuals to deal with and i have always focused on doing the right thing for the right .easons sometimes, they are not happy about the direction overall. >> i'm including in that statement about adverse unwanted action and or retaliatory. does that change your answer? , i'm not familiar with the osc complaint. i'm at somewhat of a disadvantage with the facts. privacyy that considerations do fit into the picture. i have a certain awareness about disciplinary process, but it has never been my practice to engage in

me and two more guys when and filed some charges with the eeoc.othing was done, and nothing will be done. but this did not just happen under the manager then. this happened under another man who was manager. this is the kind of situation you get into. and then you try to figure out what is wrong with the black community. that is part of the problem, the jobs. to onelet me go back point, and that is, it was fascinating to hear him talk about stereotyping and then say the problem is that black people fear black people, not just white people. is that not stereotyping? should any of those young men he spoke to at morehouse be feared? of course not. it this is the case, i should fear every white man i see. all ofewtown, aurora, these incidents is that we hear about, why is it that we stereotype the fear of black men, but not the fear of men who look like you who commit horrendous crimes? host: the president talked about that at morehouse let me share what he had to say. >> to be a good role model, set a good example for the young brother coming up. if

here is a man who was put the head of the eeoc to water it down, to effectively destroy it.ot a reward of being on the supreme court. the republican base -- the republicans want to enlarge their base with minorities. how can he do that when he keeps selecting men like thomas and this lieutenant-governor now running this guy in virginia who says that slavery was as good -- >> hal: a plus. was better -- for those people that don't know, he said that the black families were more intact under slavery than they are currently. >> caller: yeah. then he said -- he said poverty started with lgbt. does he remember young kids in the delta, mississippi who were literally starving to death? their bellies were distended and here he says that's the reason for poverty. now, what about the 40% of companies that have been moved overseas? i mean these people in these small towns, they had jobs. mills and things and now they're crowded and then you talk about the prison down in cuba. we have thousands of young black men who initially were sent to jail for marijuana charges and now they're being

eeoc is going after companies for discrimination so there is more fear with employers with regard tolook at. number one, the interviewing skills. you might think you are doing well because you answer each question but you might be missing the bigger problem. >> think about what your attitude is in the job interview. are you coming in, enthusiastic, positive, are you selling yourself correctly? are you telling the employer that you are the best candidate for the job? a lot of people don't build the personal connection with the h.r. person. it's not i've done this and this is how great i am on paper. you have to go beyond that. that's why they pass you all. >> tucker: overall presentation is sometimes lacking. >> absolutely. your interviewing skills as well. you have to smile. you have to be positive and selling yourself. a lot of people have been unemployed for so long, they're coming in and they are presenting somewhat of a negative, you know, aura if you will, because they are frustrated. they're upset. they are down on themselves. >> tucker: fidgety is not a way -- >> do not do tha