The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

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Percy Program - Alternative Employment Practice EDNY 20-cv-06131

  • Text
  • Percy
  • Workers
  • Compensation
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  • Apprenticeship
  • Osha
  • Assessment
  • Coverage
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  • Employment
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Case

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 6 of 64 PageID #: 2738 action to and including the Percy Classes’ families, significantly disadvantaged in employment opportunity, wanting to compete for jobs and careers based skills rather than skin color or ethnicity. President Johnson is credited with the Civil Rights Act of 1964 and LBJ’s Executive Order 11246. The term affirmative action arose from Johnson’s 1965 commencement speech at predominantly black Howard University when speaking about the adoption of the Civil Rights Act of 1964, President Johnson declared that equality has to be actual equality, not equality in name, when he said: “You do not take a man who, for years has been hobbled by chains, liberate him, bring him to the starting line of a race, saying you are free to compete with all the others, and still justly believe you have been completely fair. Thus, it is not enough to open the gates of opportunity. All our citizens must have the ability to walk through those gates. This is the next and the more profound stage of the battle for civil rights. We seek not just freedom but opportunity--not just legal equity but human ability--not just equality as a right and a theory, but equality as a fact and a result.” Equal opportunity at its core carries the simple mandate that opportunities should be open to all based on competence alone. The Percy Class lacks the minimum training, skills and preparation needed to be eligible for the jobs that become available, and those who do secure work as a result of affirmative action mandates are often unable to keep their jobs and the dignity of work because they lack the necessary skills. Apprenticeship, identified as affirmative action, is the natural right of all peoples because “The greatest wealth results from the greatest economic liberty, freedom of all individuals to work, save, buy, and earn at their pleasure, and economic life would settle into a natural order and productivity would thrive.”[ 1 ]. Tis is a natural right identified in the Declaration of Independence, the US Constitution and the 14th Amendment to the US Constitution mandating equal protection of laws that affect these rights, Apprenticeship envisioned in Abraham Lincoln's forgotten last speech on April 11, 1865, 3 days before his assassination, from the balcony of the White House to a crowd gathered on the White House Lawn at the end of the Civil War, twice envisioning apprenticeship for freed people to gradually reconstruct the nation, yet in the 155 years since, it not occurred. Apprenticeship was foreseen by Lincoln 155 years ago as the way to restore our society, a large portion of society out of the economic mainstream. If we continue to fail to heed the Lincoln advice, the crisis will only get worse. Unpreparedness due to lack of skills and competency in jobs and careers, will most certainly further endanger workers, especially first responders, the communities they serve and the general public. 1 The Wealth of Nations by Adam Smith, studied and emulated by Jefferson and the Franklin over two centuries ago 4 | Page

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 7 of 64 PageID #: 2739 Purpose EXECUTIVE SUMMARY This Program demonstrates equal employment opportunity under the umbrella of statutory workers compensation and surety bonding coverage, incorporating skills and safety training, worker and contractor/employer assessment, coupled with outreach to communities affected, as an alternative employment practice solution to disparate impact being caused by the lack of effective affirmative action. Apprenticeship as described here, is enforced by 42 U.S.C. §2000e-2(k)(1)(A)(ii) and §2000e- 2(k)(1)(C) of the Civil Rights Act, and Definitions at 42 U.S.C. §2000e, and Presidential Executive Order 11246, as a mandated alternative employment practice (“Alternative Employment Practice”) under the Civil Rights Act of 1964, and specifically as amended in 1991 at 42 USCA §2000e-2 and §2000d (the “Civil Rights Act”). This Program contemplates conventional statutory workers compensation coverage to cover all workers using conventional statutory workers compensation coverage from a New York State licensed property and casualty carrier. The Percy Program, as an Alternative Employment Practice, is funded by savings in workers’ compensation costs resulting from loss control, safety training, and safe work habits learned and drilled through registered apprenticeship, without extra cost to employers or require public funding. This Program not only contemplates mentoring through the use of apprenticeship, but also utilizing surety bonding to foster disadvantaged business enterprises. The Program covers: 1. Workers' Compensation, including Employer's Liability, 2. Health, 3. Disability, 4. Contract Bonding, including Bid, Performance and Payment Bonds, 5. Apprenticeship under the National Apprenticeship Act of 1937 as approved by the NYSDOL, in a 24 hour portfolio of coverages. The program offers this unique 24-hour protection portfolio, only available through Percy because of its access to singular licensing for worker’s compensation along with health and disability, allowing and fostering joint administration of workers' compensation, health and disability coverages. Workers' compensation services and traditional health care are delivered in such a way that costs will be reduced 5 | P age

Tag-along Lawsuits against Putative Class Defendant Members: Decision Appealed, Response and Complaint