EEOC Discrimination Claims Continue to Decline [more...]

Unconventional (Security) Wisdom [more...]

Union Membership Continues to Decline [more...]

Employer's Release Forms May Be Invalid [more...]

Hackers Hold Data for Ransom [more...]

New Web Worm Unleashes Three-stage Attack [more...]

CVNs to the Rescue [more...]

U.S. Cargo Security Programs Called Into Question [more...]

Employers received good news last month when the Equal Employment Opportunity Commission reported a broad decline in discrimination claims. The EEOC said claims declined 5.9% from 84,442 in fiscal year 2002 to 79,432 in fiscal year 2004. Racial discrimination and national origin claims declined 7.5%, religious discrimination claims declined 4.9%, and sex discrimination claims 5% over the same two-year period. Only retaliation charges did not decline.

Other federal administrative agencies experienced declines as well. Total case intake by the National Labor Relations Board declined 11.3%. Unfair labor practice claims dropped 10.9% over the same two-year period, while 13.5% fewer representation petitions were filed with the Board's regional offices.

Why the sudden decline in employee complaints? One reason might be the tight job market during the reporting period. History suggests that employees tend to complain less (and behave better) when jobs are scarce. When the job market is favorable, offended employees are more likely to voice their grievances and pursue their offenders at the risk of loosing their jobs.

The EEOC's mediation program collected $112,400,000 in benefits for individual employees during the 2004 fiscal year.

The national debate about illegal immigration has focused on the possibility that terrorists might sneak across our borders undetected. Yet the biggest threat from illegals passing over our borders is disease, not terrorism. The TSA has x-rayed more than 500 million shoes. Thus far, Richard Reid is the only known terrorist who attempted to bomb a plane using a shoe bomb. The TSA also recently banned cigarette lighters on airliners, but only those at the TSA seem to know why. Aren't matches as dangerous as lighters? Since 9-11 the U.S. has spent billions in an effort to keep our nation safer. However, some security experts think the money could be spent more wisely. Here are several unconventional security measures we thought might actually make a difference:

• Require all airline passengers to keep their cell phones on and accessible, even while seated. Rationale: Contrary to popular myth, cell phones do not interfere with an aircraft's avionics. Passengers with easy access to cell phones could alert authorities on the ground with little chance of detection in the event of a hijacking.
• Require all illegal citizens to have driver's licenses. Immediately deport those caught driving without one. Rationale: For most illegal aliens this would be the only form of registration. In the event one needs to be found, we would at least have a photo, fingerprint, and an address. The practice would increase state revenues and likely inspire some of these drivers to also obtain insurance. California alone would likely yield 3.5 million more licensed drivers and $100-200 million to its coffers.
• Coincide the expiration of driver's licenses with that of visas. Rationale: Visas typically expire before driver's licenses. If both expired on the same date, those overstaying a visa would be easier to identify and apprehend.
• Eliminate the removal of shoes at security checkpoints at airports. Rationale: The inspection of shoes has not improved security. It wastes time and resources. Moreover, shoe inspections are a distraction for both passengers and security personnel. Eliminating shoe inspections would speed up security lines and free up security personnel to do more important things…like inspect more checked bags.
• Keep public records open but increase recording and access fees, and fingerprint anyone who accesses them. Rationale: Public records help keep a free society free. The technology of taking a single fingerprint at public record access points is inexpensive and widely accessible. The cost of such technology would be offset by recording and access fees. In the event of an incident, investigators would then at least have a fingerprint of the person who accessed the record in question. The idea could be enhanced by recording drivers' license information at the time the fingerprint is taken.

According to the U.S. Bureau of Labor Statistics' 2004 annual survey, the economy added 1.2 million new jobs. However, union membership fell by 304,000. The loss reduced the percentage of American unionized workers to 12.5%, an all-time low. Union membership has steadily declined from 20.1% in 1983 when BLS began its surveys. While public sector workers make up 36.4% of all unionized employees, their numbers are declining as well.

Since 1991, the U.S. economy has added approximately 20 million jobs. From 2001 to 2004, approximately 440,000 private sector jobs were created. During the same period, organized labor lost one million members.

The states with the highest percentage of union members in 2004:

Employers who ask terminated employees to sign claims release forms in exchange for severance pay should use extra caution. The common practice of asking for such releases has received little scrutiny until last month. The 8th U.S. Circuit Court of Appeal rendered a decision on May 3rd that says the language of claims release forms should be written in language a layperson can understand. Employment law attorneys say the decision, Dale J. Thomforde vs. International Business Machines Corp., clarifies the importance of crafting waiver agreements not to sue, that are easy to understand and intelligible. According to employment law attorney, Bill C. Berger of Stettner, Miller & Cohn in Denver, Colorado, employers should not "overdraft" release forms. Doing so, says Dan Miraflor, another Denver attorney, "increases the likelihood the form will not be signed, and if it is, it may be later deemed invalid."

IBM has reason to be concerned. According to a quote in a Crain Communications Inc. publication, an attorney representing several hundred IBM employees in a similar case in California, IBM has used a form substantially similar to the one invalidated in the Thomforde decision in roughly 20,000 prior discharges.

The latest threat to computer users does not destroy data or steal passwords-instead, important files are locked-up and held for ransom. The scheme starts with a virus uploaded to the victim's computer. The virus locks .doc, .xls and .jpg files using a widely available encryption script. The cyber-villain who controls the encryption key then demands a ransom to unlock the files. According to a report from The Associated Press, Symantec, a large security software developer, the threat is very serious but not yet widespread. The FBI fears that criminals will perfect this technology and soon attack businesses. Said one security expert, "Why take your neighbor's data hostage for $200 when you can extort a ransom of $1 million from General Motors?"

Computer security experts report they have identified a new Internet worm which disables antivirus protections and installs software which enables hackers to control the victim's computer. The new worm, dubbed Glieder, is believed to be a variant of the Bagle family of worms. It adds the victim's computer to underground robot networks known as botnets. The worm is capable of networking hundreds or even thousands of computers and remotely controlling them in order to send spam, steal personal information, or gain control of more computers. Experts consider botnets to be a growing and substantial threat to the Internet. The new Glieder worm commodores the victim's address book to distribute itself. Once installed, it downloads a Trojan that blocks antivirus software updates as well as Microsoft's routine system updates. A second Trojan enables hackers to take over the victim's computer and use it to send spam or steal personal information. Best Advice: Manually update anti-spam software and ensure firewalls are working properly. An audit of one randomly selected corporate network, uncovered 52 open and unprotected ports.

That italicized three- or four-digit number on the back of nearly every credit card is more than window dressing. The card verification number or CVN, permits retailers to authenticate the card and thwarts the distribution of stolen card numbers. In many instances, a transaction will not be approved without this number and proper authentication. By not embossing the CVN and putting it on the back of the card, both sides of the card must be accessible to would-be thieves, thus preventing the use of cards which have been photocopied or have had their numbers copied.

After 9-11, Robert C. Bonner, head of U.S. Customs and Border Protection, introduced two aggressive initiatives designed to inspect or secure containers before they arrived in U.S. ports. The programs-the Container Security Initiative (CSI) and the Customs Trade Partnership Against Terrorism (CT-PAT)-were aimed at preventing terrorists from smuggling weapons of mass destruction (or their operatives) into containers bound for the U.S. However, congressional investigators report the programs are flawed. Congressional staff have recently visited CSI ports and found both programs lack standards, oversight and consistent verification practices. The report issued by GAO, released last month was critical also of the inconsistent application of the technologies used to detect hidden weapons. In two separate incidents this year, Chinese immigrants arrived at the Port of Long Beach, California in containers shipped by CT-PAT members.

The GAO's report on port security revealed that 28% of the containers U.S. Customs identified as high risk were not inspected before they left the country of origin and arrived in U.S. ports.