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    Biden Administration Moves to End a Minimum Wage Waiver for Disabled Workers

    A plan by the Biden administration would phase out a provision that allows employers to pay workers with disabilities less than the federal minimum wage.The Biden administration on Tuesday moved to end a program that has for decades allowed companies to pay workers with disabilities less than the minimum wage.The statute, enacted as part of the Fair Labor Standards Act of 1938, has let employers obtain certificates from the Labor Department that authorize them to pay workers with disabilities less than the federal minimum wage, currently $7.25 an hour. The department began a “comprehensive review” of the program last year, and on Tuesday it proposed a rule that would bar new certificates and phase out current ones over three years.“This proposal would help ensure that workers with disabilities have access to equal employment opportunities, while reinforcing our fundamental belief that all workers deserve fair compensation for their contribution,” Taryn Williams, assistant secretary of labor for disability employment policy, said on a call with reporters.As of May, about 800 employers held certificates allowing them to pay workers less than minimum wage, affecting roughly 40,000 workers, said Kristin Garcia, deputy administrator of the Labor Department’s wage and hour division.Those figures reflect a steep decline in employers’ reliance on the program in recent years: The number of workers with disabilities earning less than the minimum wage dropped to 122,000 in 2019 from 296,000 in 2010, according to a report published last year from the Government Accountability Office.Since 2019, more than half of workers employed under this program earned less than $3.50 an hour, according to the report.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    The Best Books About the Economy to Read Before the 2024 Election

    Voters are forever worried about the economy — the price of homes and groceries, the rise and fall of the stock market, and, of course, taxes — but the economic policies that affect these things often seem unapproachable. Donald Trump wants to cut taxes and raise tariffs. Kamala Harris wants to raise taxes on high-income households and expand the social safety net. But what does that mean? And what are they hoping to achieve?Part of what makes economic policy difficult is the need to understand not just the direct impact of a change but also its many indirect effects. A tax credit to buy houses, for example, might end up benefiting home sellers more than home purchasers if a surge in demand drives up prices.The mathematics and jargon that economists use in journals facilitate precise scientific communication, which has the indirect effect of excluding everyone else. Meanwhile, the “economists” you see on TV or hear on the radio are more often telling you (usually incorrectly) whether the economy will go into recession without explaining why.But some authors do a good job of walking the line between accessibility and expertise. Here are five books to help you crack the nut on the economy before Election Day.The Little Book of EconomicsBy Greg IpThe best way to understand things like the causes of recessions and inflation and the consequences of public debt is to take an introductory economics course and do all the problem sets. The second-best way? Read “The Little Book of Economics.” Don’t be fooled by its compact form and breezy writing: This book, by the Wall Street Journal chief economics commentator Greg Ip, manages to pack in just about everything you wanted to know but were afraid to ask about the gross domestic product.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    For L.G.B.T.Q. People, Moving to Friendlier States Comes With a Cost

    Laws targeting gender-affirming care have uprooted thousands. But places that are more supportive can also be more expensive.When Stefanie Newell decided to move to Denver last year, the choice was about acceptance. Feeling comfortable as a transgender woman didn’t seem possible in San Antonio, her hometown, in the midst of a flood of Texas legislation targeting the L.G.B.T.Q. community.But the decision also had financial implications. In San Antonio, she lived with her mother, and the cost of living was generally low. Just driving her stuff two states north wiped out her savings.“I thought I was well prepared, and when I arrived I was flat broke,” said Ms. Newell, 25. And Denver isn’t cheap: Her one-bedroom apartment downtown costs about $1,800 a month, which she pays with a mix of part-time paralegal work, freelance writing and editing, and ad revenue from her content on Instagram. “It’s taken off to the point where I’m not in the negative,” she said. “It definitely gets close.”It’s a choice that gay, lesbian, bisexual and transgender people in the United States have made for decades: Move from a less welcoming part of the country to one, usually a coastal city, with more protections and a bigger community. The price of tolerance was higher rent.The need for relocation seemed to be declining in the 21st century, as gay marriage became the law of the land and pride went mainstream. But over the last two years, a flurry of laws banning transition care for transgender youths — variations of which are now on the books in 25 states — have sent more people in search of sanctuary.Even though most of the laws are based on gender identity rather than sexual orientation, the impact goes beyond transgender people. Abbie Goldberg, director of women’s and gender studies at Clark University in Worcester, Mass., regularly surveys L.G.B.T.Q. individuals and families. In one recent study, she found that Florida’s law restricting discussion of sexual identity in public schools made parents who are L.G.B.T.Q. more likely to want to leave the state.It’s More Expensive to Live in L.G.B.T.Q.-Friendly StatesPlaces that protect LG.B.T.Q. rights, as measured by the Movement Advancement Project’s accounting of supportive and restrictive laws, also tend to have a higher cost of living, expressed as a percentage of the national average.

    Source: Movement Advancement Project, Commerce DepartmentBy The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    In a New Cannabis Landscape, a Navy Veteran Battles for Racial Equity

    “Transforming Spaces” is a series about women driving change in sometimes unexpected places.Jam the towel under the door. Open the window. And hide the bong.For decades, college students have found ways to mask the pungent aroma of marijuana smoke on campuses. Wanda James, however, did not always feel a need to hide. A 1986 graduate of the University of Colorado Boulder, Ms. James would sit on the steps outside her dorm and roll joints with her friends.It would be decades before Colorado became one of the first two states in the country to legalize recreational cannabis, but on campus, James never worried.“The worst that would happen is they would tell us to put it away, or they might take it from us, and that was the end of it,” Ms. James recalled of the campus police.Fast forward 40 years: Ms. James, a former Navy lieutenant, is a member of her alma mater’s Board of Regents — and a prominent advocate of racial justice in the changing cannabis landscape.It wasn’t until after college that Ms. James realized she had been living in something of an alternate reality with her cannabis use. She learned how the United States’ marijuana laws have led to Black Americans’ being sentenced to prison at a higher rate than white Americans despite near equal usage rates, setting her on the mission to which she has dedicated her life.Ms. James, the chief executive of the Simply Pure dispensary in Denver, is licensing her company’s name to entrepreneurs in the cannabis industry who are from communities that had once been hotbeds of marijuana arrests.Rachel Woolf for The New York TimesMs. James, 60, has owned multiple cannabis businesses over the years, including a pair of dispensaries and an edible company, which has given her a platform to speak about what she believes to be racial injustices in the industry. She has been at the forefront of calling for cannabis legalization at the state and federal level. Federal scientists, in recent reports, have recommended easing restrictions on marijuana, a so-called Schedule I drug like heroin, and having it reclassified to a Schedule III drug, along with the likes of ketamine and testosterone.“Wanda is a force of nature!” said Senator John Hickenlooper, the former Colorado governor who named Ms. James to a task force that came up with recommendations on how to regulate marijuana in Colorado. Those recommendations became a model for the two dozen states that have since legalized the sale of cannabis in recreational dispensaries.But as more states have legalized the sale of recreational cannabis, prompting bigger companies to get involved in an industry that is increasingly mainstream, Ms. James is one of the few Black women in a leadership role. Several smaller cannabis businesses, mostly run by people of color and women — many of whom were caregivers who saw the benefits of medical marijuana for those they cared for — have been pushed out of the space, Ms. James said.In fact, ownership by women of cannabis companies fell to 16.4 percent in 2023 from 22.2 percent in 2022 with racial minorities accounting for just 18.7 percent of owners, according to a report from MJBiz Daily, a publication that covers cannabis-related legal and financial news.These days, Ms. James is not only pushing for wider cannabis legalization — recreational use of the plant is legal in 24 states and the District of Columbia but illegal on the federal level — but also for reform in the industry to ensure more people who look like her fill leadership roles.She believes that by becoming a dispensary owner, and now a leader in an industry with policies that have historically harmed Black and Latino Americans, she could reclaim some power for minorities targeted in communities that were hotbeds of marijuana arrests. In New York, for instance, state cannabis regulators documented a staggering 1.2 million marijuana arrests that disproportionately targeted Black and Latino Americans over 42 years.“There is so much happening in the industry to where it has not been a promising place that looks to diversity as a positivity right now,” she said. “We are trying to find out ways to help.”Ms. James grew up in rural Colorado on a ranch filled with dogs, rabbits, chickens and guinea pigs. Her father, a single parent and Air Force veteran, was a cowboy and they often rode horses together.As a businesswoman and a shaper of marijuana policy, Ms. James has been honored by the Colorado Women’s Chamber of Commerce and High Times Magazine, among other organizations.Rachel Woolf for The New York TimesThe penchant for caring for animals has continued. Ms. James has housed more than 30 dogs over the years, including some she found on the street. Like her father, she joined the military, becoming the first Black woman to complete the University of Colorado’s ROTC program. She served four years in the Navy before moving to Los Angeles, where she worked for two Fortune 100 companies. She also met her husband, Scott Durrah, then a property manager in West Hollywood and a fellow pot smoker, with whom she opened several restaurants in Colorado and California. Ms. James’s Rottweiler, Onyx, was the maid of honor at their wedding.While the couple were building their businesses, the country was feeling the long-term impact of President Ronald Reagan’s hard-line policies on cannabis. Mr. Reagan’s Comprehensive Crime Control Act of 1984 and Anti-Drug Abuse Act of 1986 — the year Ms. James graduated from college — “flooded the federal system with people convicted of low-level and nonviolent drug offenses,” according to the Brennan Center for Justice. In 2007, nearly 800,000 people were arrested for simple marijuana possession, the F.B.I. reported. About 80 percent of those arrested were Black. .“It was the demographic least likely to have a family friend that was an attorney and the least likely to have parents or family money to be able to get them out of the situation that night,” Ms. James said.Those statistics remained front of mind for Ms. James as she pursued cannabis business ownership and worked behind the scenes in politics.Ms. James at an election-night watch party in 2022. She has been at the forefront of campaigning for cannabis legalization at both state and federal levels.David Zalubowski/Associated PressIn 2008, Ms. James managed the successful congressional campaign of Jared Polis, a Democrat who was elected Colorado’s governor in 2018. The following year she and Mr. Durrah opened the Apothecary of Colorado, a medical cannabis dispensary, becoming the first African Americans to own a legal dispensary in the United States. They later closed the medical dispensary to open an edibles company, Simply Pure, which in 2015 became Simply Pure Denver, a recreational dispensary.“She’s a trailblazer,” said Tahir Johnson, a mentee of Ms. James. “When you think about a strong Black woman, that’s what she embodies.”As she became a businesswoman and a shaper of marijuana policy, she had a personal point of reference that she has returned to often in her work: her half brother, who served time in prison for offenses including marijuana possession.The cannabis industry “has not been a promising place that looks to diversity as a positivity right now,” Ms. James said.Rachel Woolf for The New York TimesMs. James has shared her journey in short documentaries produced by The Atlantic and Yahoo, and in 2018, she was named one of the 100 Most Influential People in the cannabis industry by High Times Magazine. She has used her platform to call for federal cannabis legalization, which would help dispensary owners inject some of the money they’ve been paying in taxes back into their businesses, increasing the likelihood of creating “generational wealth,” she said; because recreational cannabis is still illegal on the federal level, dispensary owners are unable to write off basic expenses, like staff salaries, unlike noncannabis businesses.And she’s tapping into her network to create change. Beginning with Mr. Johnson, her mentee, Ms. James is licensing the Simply Pure name to young entrepreneurs in the industry who are from communities harmed by racial disparities in marijuana arrests.Mr. Johnson said he had been arrested three times for marijuana possession, and he was “honored” Ms. James chose him to continue her legacy. He plans to open Simply Pure Trenton soon.“The fact that she’s trusted me to take on this mantle to this next phase of the organization means a lot to me,” he said. More

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    Women Could Fill Truck Driver Jobs. Companies Won’t Let Them.

    Three women filed a discrimination complaint against a trucking company over its same-sex training policy, which they say prevented them from being hired.The trucking industry has complained for years that there is a dire shortage of workers willing to drive big rigs. But some women say many trucking companies have made it effectively impossible for them to get those jobs.Trucking companies often refuse to hire women if the businesses do not have women available to train them. And because fewer than 5 percent of truck drivers in the United States are women, there are few female trainers to go around.The same-sex training policies are common across the industry, truckers and legal experts say, even though a federal judge ruled in 2014 that it was unlawful for a trucking company to require that female job candidates be paired only with female trainers.Ashli Streeter of Killeen, Texas, said she had borrowed $7,000 to attend a truck driving school and earn her commercial driving license in hopes of landing a job that would pay more than the warehouse work she had done. But she said Stevens Transport, a Dallas-based company, had told her that she couldn’t be hired because the business had no women to train her. Other trucking companies turned her down for the same reason.“I got licensed, and I clearly could drive,” Ms. Streeter said. “It was disheartening.”Ms. Streeter and two other women filed a complaint against Stevens Transport with the Equal Employment Opportunity Commission on Thursday, contending that the company’s same-sex training policy unfairly denied them driving jobs. The commission investigates allegations made against employers, and, if it determines a violation has occurred, it may bring its own lawsuit. The commission had brought the lawsuit that resulted in the 2014 federal court decision against similar policies at another trucking company, Prime.Critics of the industry said the persistence of same-sex training nearly a decade after that ruling, which did not set national legal precedent, was evidence that trucking companies had not done enough to hire women who could help solve their labor woes.“It’s frustrating to see that we have not evolved at all,” said Desiree Wood, a trucker who is the president and founder of Real Women in Trucking, a nonprofit.Ms. Wood’s group is joining the three women in their E.E.O.C. complaint against Stevens, which was filed by Peter Romer-Friedman, a labor lawyer in Washington, and the National Women’s Law Center.Companies that insist on using women to train female applicants generally do so because they want to avoid claims of sexual harassment. Trainers typically spend weeks alone with trainees on the road, where the two often have to sleep in the same cab.Critics of same-sex training acknowledge that sexual harassment is a problem, but they say trucking companies should address it with better vetting and anti-harassment programs. Employers could reduce the risk of harassment by paying for trainees to sleep in a hotel room, which some companies already do.Women made up 4.8 percent of the 1.37 million truck drivers in the United States in 2021, according to the most recent government statistics, up from 4 percent a decade earlier.Long-haul truck driving can be a demanding job. Drivers are away from home for days. Yet some women say they are attracted to it because it can pay around $50,000 a year, with experienced drivers making a lot more. Truck driving generally pays more than many other jobs that don’t require a college degree, including those in retail stores, warehouses or child care centers.Women made up 4.8 percent of truck drivers in 2021, according to the most recent government statistics.Mikayla Whitmore for The New York TimesThe infrastructure act of 2021 required the Federal Motor Carrier Safety Administration to set up an advisory board to support women pursuing trucking careers and identify practices that keep women out of the profession.Robin Hutcheson, the administrator of the agency, said requiring same-sex training would appear to be a barrier to entry. “If that is happening, that would be something that we would want to take a look at,” she said in an interview.Ms. Streeter, a mother of three, said she had applied to Stevens because it hired people straight out of trucking school. She told Stevens representatives that she was willing to be trained by a man, but to no avail.Bruce Dean, general counsel at Stevens, denied the allegations in the suit. “The fundamental premise in the charge — that Stevens Transport Inc. only allows women trainers to train women trainees — is false,” he said in a statement, adding that the company “has had a cross-gender training program, where both men and women trainers train female trainees, for decades.”Some legal experts said that, although same-sex training was ruled unlawful in only one federal court, trucking companies would struggle to defend such policies before other judges. Under federal employment discrimination law, employers can seek special legal exemptions to treat women differently from men, but courts have granted them very rarely.“Basically, what the law says is that a company needs to be able to walk and chew gum at the same time,” said Deborah Brake, a professor at the University of Pittsburgh who specializes in employment and gender law. “They need to be able to give women equal employment opportunities and prevent and remedy sexual harassment.”Ms. Streeter said she had made meager earnings from infrequent truck driving gigs while hoping to get a position at Stevens. Later this month, she will become a driver in the trucking fleet of a large retailer.Kim Howard, one of the other women who filed the E.E.O.C. complaint against Stevens, said she was attracted to truck driving by the prospect of a steady wage after working for decades as an actor in New York.“It was very much a blow,” she said of being rejected because of the training policy. “I honestly don’t know how I financially made it through.”Ms. Howard, who is now employed at another trucking company, said she had worked briefly at a company where she was trained by two men who treated her well. “It’s quite possible for a woman to be trained by a man, and a man to be a professional about what the job is,” she said.Other female drivers said they had been mistreated by male trainers who could be relentlessly dismissive and sometimes refused to teach them important skills, like reversing a truck with a large trailer attached.Rowan Kannard, a truck driver from Wisconsin who is not involved in the complaint against Stevens, said a male trainer had spent little time training her on a run to California in 2019.At a truck stop where she felt unsafe, Ms. Kannard said, the trainer demanded that she leave the cab — and then locked her out. She asked to stop the training and was flown back to Wisconsin. Yet she said she did not believe that same-sex training for women was necessary. “Some of these men that are training, they should probably go through a course.”Desiree Wood, the president of Real Women in Trucking, says the trucking industry has not evolved to hire and train more women.Mikayla Whitmore for The New York TimesMs. Wood, of Real Women in Trucking, said trucking companies’ training policies were misguided for another reason — there is no guarantee that a woman will treat another woman better than a male trainer. She said a female trainer had once hurled racist abuse at her and told her to drive dangerously.“I’m Mexican — she hated Mexicans and wanted to tell me all about it the whole time I was on the truck,” Ms. Wood said, “She screamed at me to speed in zones where it was not safe.”Still, some women support same-sex training policies.Ellen Voie, who founded the nonprofit Women in Trucking, said truck driving should be treated differently from other professions because trainers and trainees spent so much time together in close quarters.“I do not know of any other mode of transportation that confines men and women in an area that has sleeping quarters,” Ms. Voie said.Lawyers for Prime, the company that lost the E.E.O.C. suit in 2014 challenging its same-sex training policy, called Ms. Voie as an expert witness to defend the practice. In her testimony, she contended that women who were passed over by companies that didn’t have female trainers available could have found work at other trucking companies. She still believes that.But Ms. Voie added that trucking companies also needed to do more to improve training for women, including placing cameras in cabs to monitor bad behavior and paying for hotel rooms so trainers and trainees can sleep separately.Steve Rush, who recently sold his New Jersey trucking company, stopped using sleeper cabs over a decade ago, sending drivers to hotels. He said fewer of his drivers quit compared with the rest of the industry, as a result.“What woman in her right mind wants to go out and learn how to drive a truck and have to jump into the sleeper that some guy’s just crawled out of,” he said.Ben Casselman More

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    Affirmative Action Ruling May Upend Diversity Hiring Policies, Too

    The Supreme Court decision on college admissions could lead companies to alter recruitment and promotion practices to pre-empt legal challenges.As a legal matter, the Supreme Court’s rejection of race-conscious admissions in higher education does not in itself impede employers from pursuing diversity in the workplace.That, at least, is the conclusion of lawyers, diversity experts and political activists across the spectrum — from conservatives who say robust affirmative action programs are already illegal to liberals who argue that they are on firm legal ground.But many experts argue that as a practical matter, the ruling will discourage corporations from putting in place ambitious diversity policies in hiring and promotion — or prompt them to rein in existing policies — by encouraging lawsuits under the existing legal standard.After the decision on Thursday affecting college admissions, law firms encouraged companies to review their diversity policies.“I do worry about corporate counsels who see their main job as keeping organizations from getting sued — I do worry about hyper-compliance,” said Alvin B. Tillery Jr., director of the Center for the Study of Diversity and Democracy at Northwestern University, who advises employers on diversity policies.Programs to foster the hiring and promotion of African Americans and other minority workers have been prominent in corporate America in recent years, especially in the reckoning over race after the 2020 murder of George Floyd by a Minneapolis police officer.Even before the ruling in the college cases, corporations were feeling legal pressure over their diversity efforts. Over the past two years, a lawyer representing a free-market group has sent letters to American Airlines, McDonald’s and many other corporations demanding that they undo hiring policies that the group says are illegal.The free-market group, the National Center for Public Policy Research, acknowledged that the outcome on Thursday did not bear directly on its fight against affirmative-action in corporate America. “Today’s decision is not relevant; it dealt with a special carve-out for education,” said Scott Shepard, a fellow at the center.Mr. Shepard claimed victory nonetheless, arguing that the ruling would help deter employers who might be tempted overstep the law. “It couldn’t be clearer after the decision that fudging it at the edges” is not allowed, he said.(American Airlines and McDonald’s did not respond to requests for comment about their hiring and promotion policies.)Charlotte A. Burrows, who was designated chair of the Equal Employment Opportunity Commission by President Biden, was also quick to declare that nothing had changed. She said the decision “does not address employer efforts to foster diverse and inclusive work forces or to engage the talents of all qualified workers, regardless of their background.”Some companies in the cross hairs of conservative groups underscored the point. “Novartis’s D.E.I. programs are narrowly tailored, fair, equitable and comply with existing law,” the drugmaker said in a statement, referring to diversity, equity and inclusion. Novartis, too, has received a letter from a lawyer representing Mr. Shepard’s group, demanding that it change its policy on hiring law firms.The Supreme Court’s ruling on affirmative action was largely silent on employment-related questions.Kenny Holston/The New York TimesBeyond government contractors, affirmative action policies in the private sector are largely voluntary and governed by state and federal civil rights law. These laws prohibit employers from basing hiring or promotion decisions on a characteristic like race or gender, whether in favor of a candidate or against.The exception, said Jason Schwartz, a partner at the law firm Gibson Dunn, is that companies can take race into account if members of a racial minority were previously excluded from a job category — say, an investment bank recruiting Black bankers after it excluded Black people from such jobs for decades. In some cases, employers can also take into account the historical exclusion of a minority group from an industry — like Black and Latino people in the software industry.In principle, the logic of the Supreme Court’s ruling on college admissions could threaten some of these programs, like those intended to address industrywide discrimination. But even here, the legal case may be a stretch because the way employers typically make decisions about hiring and promotion differs from the way colleges make admissions decisions.“What seems to bother the court is that the admissions programs at issue treated race as a plus without regard to the individual student,” Pauline Kim, a professor at Washington University in St. Louis who specializes in employment law, said in an email. But “employment decisions are more often individualized decisions,” focusing on the fit between a candidate and a job, she said.The more meaningful effect of the court’s decision is likely to be greater pressure on policies that were already on questionable legal ground. Those could include leadership acceleration programs or internship programs that are open only to members of underrepresented minority groups.Many companies may also find themselves vulnerable over policies that comply with civil rights law on paper but violate it in practice, said Mike Delikat, a partner at Orrick who specializes in employment law. For example, a company’s policy may encourage recruiters to seek a more diverse pool of candidates, from which hiring decisions are made without regard to race. But if recruiters carry out the policy in a way that effectively creates a racial quota, he said, that is illegal.“The devil is in the details,” Mr. Delikat said. “Were they interpreting that to mean, ‘Come back with 25 percent of the internship class that has to be from an underrepresented group, and if not you get dinged as a bad recruiter’?”The college admissions cases before the Supreme Court were largely silent on these employment-related questions. Nonetheless, Mr. Delikat said, his firm has been counseling clients ever since the court agreed to hear the cases that they should ensure that their policies are airtight because an increase in litigation is likely.That is partly because of the growing attack from the political right on corporate policies aimed at diversity in hiring and other social and environmental goals.Gov. Ron DeSantis of Florida has signed legislation to limit diversity training in the workplace.Haiyun Jiang for The New York TimesGov. Ron DeSantis of Florida, who is seeking the 2024 Republican presidential nomination, has deplored “the woke mind virus” and proclaimed Florida “the state where woke goes to die.” The state has enacted legislation to limit diversity training in the workplace and has restricted state pension funds from basing investments on “woke environmental, social and corporate governance” considerations.Conservative legal groups have also mobilized on this front. A group run by Stephen Miller, a White House adviser in the Trump administration, contended in letters to the Equal Employment Opportunity Commission that the diversity and inclusion policies of several large companies were illegal and asked the commission to investigate. (Mr. Miller’s group did not respond to a request for comment about those cases.)The National Center for Public Policy Research, which is challenging corporate diversity policies, has sued Starbucks directors and officers after they refused to undo the company’s diversity and inclusion policies in response to a letter demanding that they do so. (Starbucks did not respond to a request for comment for this article, but its directors told the group that it was “not in the best interest of Starbucks to accept the demand and retract the policies.”)Mr. Shepard, the fellow at the center, said more lawsuits were “reasonably likely” if other companies did not accede to demands to rein in their diversity and inclusion policies.One modest way to do so, said David Lopez, a former general counsel for the Equal Employment Opportunity Commission, is to design policies that are race neutral but nonetheless likely to promote diversity — such as giving weight to whether a candidate has overcome significant obstacles.Mr. Lopez noted that, in the Supreme Court’s majority opinion, Chief Justice John G. Roberts Jr. argued that a university could take into account the effect on a candidate of having overcome racial discrimination, as long as the school didn’t consider the candidate’s race per se.But Dr. Tillery of Northwestern said making such changes to business diversity programs could be an overreaction to the ruling. While the federal Civil Rights Act of 1964 generally precludes basing individual hiring and promotion decisions explicitly on race, it allows employers to remove obstacles that prevent companies from having a more diverse work force. Examples include training managers and recruiters to ensure that they aren’t unconsciously discriminating against racial minorities, or advertising jobs on certain campuses to increase the universe of potential applicants.In the end, companies appear to face a greater threat of litigation over discrimination against members of minority groups than from litigation over discrimination against white people. According to the Equal Employment Opportunity Commission, there were about 2,350 charges of that latter form of discrimination in employment in 2021, among about 21,000 race-based charges overall.“There’s an inherent interest in picking your poison,” Dr. Tillery said. “Is it a lawsuit from Stephen Miller’s right-wing group that doesn’t live in the real world? Or is it a lawsuit from someone who says you’re discriminating against your work force and can tweet about how sexist or racist you are?”He added, “I’ll take the Stephen Miller poison any day.”J. Edward Moreno More

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    William E. Spriggs, Economist Who Pushed for Racial Justice, Dies at 68

    An educator who served in the Obama administration, he championed workers, especially Black workers, and challenged his profession’s racial assumptions.William E. Spriggs, who in a four-decade career in economics sought to root out racial injustice in society and in his own profession, died on Tuesday in Reston, Va. He was 68.The A.F.L.-C.I.O., for which Dr. Spriggs had been chief economist for more than a decade, announced his death. His wife of 38 years, Jennifer Spriggs, said the cause was a stroke.One of the most prominent Black economists of his generation, Dr. Spriggs served as an assistant secretary of labor in the Obama administration and held other public-sector roles earlier in his career. But he was best known for his work outside of government as an outspoken and frequently quoted advocate for workers, especially Black workers.In addition to his role at the A.F.L.-C.I.O., based in Washington, he was a professor at Howard University, where he mentored a generation of Black economists while pushing for change within a field dominated by white men.“Bill was somebody who was deeply committed to the idea that we do economics because we have a social purpose,” William A. Darity Jr., a Duke University economist and longtime friend, said in a phone interview. “That this is not a discipline that should be deployed just for playing parlor games, and that we should use the ideas that we develop from economics for the design of social policy that will make the lives of most people far better.”Dr. Spriggs worked on varied issues, including trade, education, the minimum wage and Social Security. But the topic he came back to most frequently, and spoke most passionately about, was that of racial disparities in the labor market. Black Americans, he pointed out time and again, consistently experienced unemployment at double the rate of white people — a troubling fact that he argued got too little attention among economists.“Economists have tried to rationalize this disparity by saying it merely reflects differences in skill levels,” Dr. Spriggs wrote in an opinion article in The New York Times in 2021, before going on to dismiss that claim with a striking statistic: The unemployment rate for white high school dropouts is almost always below that of overall Black unemployment.During the nationwide racial reckoning after the death of George Floyd in 2020, Dr. Spriggs wrote an open letter to his fellow economists that was sharply critical of the field’s approach to race — not just in its failure to recruit and retain Black economists, which had been widely documented, but also in economic research.“Modern economics has a deep and painful set of roots that too few economists acknowledge,” Dr. Spriggs wrote. “In the hands of far too many economists, it remains with the assumption that African Americans are inferior until proven otherwise.”Biden administration officials said they had discussed appointing Dr. Spriggs to senior economic policy roles as recently as this year. In the end, he remained on the outside, nudging the administration in public and private not to back off its commitment to ensuring a strong economic recovery. In recent months he was a vocal critic of the Federal Reserve’s aggressive efforts to tame inflation, which Dr. Spriggs warned would disproportionately hurt Black workers.“Bill was a towering figure in his field, a trailblazer who challenged the field’s basic assumptions about racial discrimination in labor markets, pay equity and worker empowerment,” President Biden said in a statement on Wednesday.Mr. Spriggs speaking with Janet Yellen, then the chair of the Federal Reserve, at a conference in 2014. More recently he was a critic of the Federal Reserve’s aggressive efforts to tame inflation, which he said would disproportionately hurt Black workers.Jonathan Ernst/ReutersWilliam Edward Spriggs was born on April 8, 1955, in Washington to Thurman and Julienne (Henderson) Spriggs. He was reared there and in Virginia. His father had served during World War II as a fighter pilot with the Tuskegee Airmen and went on to become a physics professor at Norfolk State University in Virginia and at Howard, in Washington, both historically Black institutions.His mother was also a veteran and became a public-school teacher in Norfolk after earning her college degree while her son was in elementary school.“I remember studying history together,” Dr. Spriggs later recalled of his mother in a White House blog post written while he was at the Labor Department. “She would check out children’s books covering the topics she was learning about.”Dr. Spriggs earned a bachelor’s degree in economics and political science from Williams College in Massachusetts and attended graduate school at the University of Wisconsin, where he earned a master’s degree in 1979 and a doctorate in 1984, both in economics. While in graduate school, he served as co-president of the graduate student teachers union, helping to rebuild it after a largely unsuccessful strike the year before.Dr. Spriggs stood out at Wisconsin, and not only because he was the only Black graduate student in the economics department, recalled Lawrence Mishel, a classmate who was later president of the Economic Policy Institute in Washington, where Dr. Spriggs also worked for several years.Even as a graduate student, Dr. Mishel said, Mr. Spriggs was skeptical of the orthodox theories that his professors were teaching about how companies set workers’ wages — theories that left no room for discrimination or other forces beyond supply and demand. And unlike most students, Mr. Spriggs wasn’t interested in working for the top-ranked school where he could find a job; he wanted to work for a historically Black institution, as his father had.He got his wish, teaching first at North Carolina Agricultural and Technical State University in Greensboro and then at Norfolk State University — where his father also worked — before taking a series of jobs in government and left-leaning think tanks. He returned to academia in 2005, when he joined Howard. He was chairman of its economics department from 2005 to 2009.In addition to his wife, whom he met in graduate school, his survivors include their son, William; and two sisters, Patricia Spriggs and Karen Baldwin. Dr. Spriggs had a shaping hand in the careers of dozens of younger economists.“I would not be an economist today without Bill Spriggs,” said Valerie Wilson, director of the Program on Race, Ethnicity and the Economy at the Economic Policy Institute.Dr. Wilson was taking a break from graduate school and considering leaving the field altogether when one of her professors recommended her for a job working for Dr. Spriggs at the National Urban League. He helped restore her passion for economics by showing her an approach to the work that was less theoretical and more focused on the real world, she said. After two years at the Urban League, she told Dr. Spriggs that she was going back to graduate school.His response: “We need you in the profession.”Jim Tankersley More

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    New York City Moves to Regulate How AI Is Used in Hiring

    European lawmakers are finishing work on an A.I. act. The Biden administration and leaders in Congress have their plans for reining in artificial intelligence. Sam Altman, the chief executive of OpenAI, maker of the A.I. sensation ChatGPT, recommended the creation of a federal agency with oversight and licensing authority in Senate testimony last week. And the topic came up at the Group of 7 summit in Japan.Amid the sweeping plans and pledges, New York City has emerged as a modest pioneer in A.I. regulation.The city government passed a law in 2021 and adopted specific rules last month for one high-stakes application of the technology: hiring and promotion decisions. Enforcement begins in July.The city’s law requires companies using A.I. software in hiring to notify candidates that an automated system is being used. It also requires companies to have independent auditors check the technology annually for bias. Candidates can request and be told what data is being collected and analyzed. Companies will be fined for violations.New York City’s focused approach represents an important front in A.I. regulation. At some point, the broad-stroke principles developed by governments and international organizations, experts say, must be translated into details and definitions. Who is being affected by the technology? What are the benefits and harms? Who can intervene, and how?“Without a concrete use case, you are not in a position to answer those questions,” said Julia Stoyanovich, an associate professor at New York University and director of its Center for Responsible A.I.But even before it takes effect, the New York City law has been a magnet for criticism. Public interest advocates say it doesn’t go far enough, while business groups say it is impractical.The complaints from both camps point to the challenge of regulating A.I., which is advancing at a torrid pace with unknown consequences, stirring enthusiasm and anxiety.Uneasy compromises are inevitable.Ms. Stoyanovich is concerned that the city law has loopholes that may weaken it. “But it’s much better than not having a law,” she said. “And until you try to regulate, you won’t learn how.”The law applies to companies with workers in New York City, but labor experts expect it to influence practices nationally. At least four states — California, New Jersey, New York and Vermont — and the District of Columbia are also working on laws to regulate A.I. in hiring. And Illinois and Maryland have enacted laws limiting the use of specific A.I. technologies, often for workplace surveillance and the screening of job candidates.The New York City law emerged from a clash of sharply conflicting viewpoints. The City Council passed it during the final days of the administration of Mayor Bill de Blasio. Rounds of hearings and public comments, more than 100,000 words, came later — overseen by the city’s Department of Consumer and Worker Protection, the rule-making agency.The result, some critics say, is overly sympathetic to business interests.“What could have been a landmark law was watered down to lose effectiveness,” said Alexandra Givens, president of the Center for Democracy & Technology, a policy and civil rights organization.That’s because the law defines an “automated employment decision tool” as technology used “to substantially assist or replace discretionary decision making,” she said. The rules adopted by the city appear to interpret that phrasing narrowly so that A.I. software will require an audit only if it is the lone or primary factor in a hiring decision or is used to overrule a human, Ms. Givens said.That leaves out the main way the automated software is used, she said, with a hiring manager invariably making the final choice. The potential for A.I.-driven discrimination, she said, typically comes in screening hundreds or thousands of candidates down to a handful or in targeted online recruiting to generate a pool of candidates.Ms. Givens also criticized the law for limiting the kinds of groups measured for unfair treatment. It covers bias by sex, race and ethnicity, but not discrimination against older workers or those with disabilities.“My biggest concern is that this becomes the template nationally when we should be asking much more of our policymakers,” Ms. Givens said.“This is a significant regulatory success,” said Robert Holden, center, a member of the City Council who formerly led its committee on technology.Johnny Milano for The New York TimesThe law was narrowed to sharpen it and make sure it was focused and enforceable, city officials said. The Council and the worker protection agency heard from many voices, including public-interest activists and software companies. Its goal was to weigh trade-offs between innovation and potential harm, officials said.“This is a significant regulatory success toward ensuring that A.I. technology is used ethically and responsibly,” said Robert Holden, who was the chair of the Council committee on technology when the law was passed and remains a committee member.New York City is trying to address new technology in the context of federal workplace laws with guidelines on hiring that date to the 1970s. The main Equal Employment Opportunity Commission rule states that no practice or method of selection used by employers should have a “disparate impact” on a legally protected group like women or minorities.Businesses have criticized the law. In a filing this year, the Software Alliance, a trade group that includes Microsoft, SAP and Workday, said the requirement for independent audits of A.I. was “not feasible” because “the auditing landscape is nascent,” lacking standards and professional oversight bodies.But a nascent field is a market opportunity. The A.I. audit business, experts say, is only going to grow. It is already attracting law firms, consultants and start-ups.Companies that sell A.I. software to assist in hiring and promotion decisions have generally come to embrace regulation. Some have already undergone outside audits. They see the requirement as a potential competitive advantage, providing proof that their technology expands the pool of job candidates for companies and increases opportunity for workers.“We believe we can meet the law and show what good A.I. looks like,” said Roy Wang, general counsel of Eightfold AI, a Silicon Valley start-up that produces software used to assist hiring managers.The New York City law also takes an approach to regulating A.I. that may become the norm. The law’s key measurement is an “impact ratio,” or a calculation of the effect of using the software on a protected group of job candidates. It does not delve into how an algorithm makes decisions, a concept known as “explainability.”In life-affecting applications like hiring, critics say, people have a right to an explanation of how a decision was made. But A.I. like ChatGPT-style software is becoming more complex, perhaps putting the goal of explainable A.I. out of reach, some experts say.“The focus becomes the output of the algorithm, not the working of the algorithm,” said Ashley Casovan, executive director of the Responsible AI Institute, which is developing certifications for the safe use of A.I. applications in the workplace, health care and finance. More