Tag: EEOC

President Obama Uses Recess Appointments to Fill NLRB, EEOC Seats

This week President Obama announced that he would make recess appointments to fill vacancies on the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).  The move allows the White House to bypass the Senate confirmation process, which promised to be extremely contentious.  The appointments will add two Democratic members to the … Continue Reading

EEOC Proposes New Age Discrimination Regulations

Today the Equal Employment Opportunity Commission (EEOC) releases new regulations that will define employers’ "reasonable factors other than age" or "RFOA" defense under the Age Discrimination in Employment Act (ADEA).  The new regulations would reflect two Supreme Court cases interpreting the RFOA defense: Smith v. City of Jackson (2005) and Meacham v. Knolls Atomic Power Laboratories (2008).  Click here to … Continue Reading

Supreme Court Lets Stand Ruling Allowing EEOC to Issue Subpoenas After Right-To-Sue

Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint.  Click here to read the Ninth Circuit decision in … Continue Reading

New TSA Regulations Potential “Gotcha” For Employers Interviewing Out-of-Town Candidates

As the economy rebounds (we hope) and hiring begins again, employers flying out-of-town job candidates in for interviews will need to be wary of new Transportation Security Administration ("TSA") regulations that require anyone booking air travel to provide the passenger’s date of birth and gender.  Employers who are not careful about how they implement this … Continue Reading

GINA Requires Employers to Post Notice, Review Policies and Procedures

The Genetic Information Nondiscrimination Act (GINA) takes effect November 21, 2009.  Is your workplace ready?  Employers will soon be required to post a notice stating that they do not discriminate on the basis of genetic information, under proposed regulations interpreting GINA. If you don’t already have one, click here to download the full "EEO is the Law" … Continue Reading

EEOC Updates H1N1 Guidance

The H1N1 virus (aka "swine flu") continues to spread.  Is your workplace prepared?  Are your policies and procedures legally compliant?  In order to help employers, the Equal Employment Opportunity Commission (EEOC) updated its guidance for employers titled "Pandemic Preparedness in the Workplace and the Americans with Disabilities Act."  (Click title to download). The EEOC guidance answers several common questions … Continue Reading

EEOC Proposes Rules Implementing ADAAA; Seeks Public Comments

The Equal Employment Opportunity Commission (EEOC) will in today’s Federal Register publish proposed regulations implementing the ADA Amendments Act (ADAAA).  The public will have 60 days – or until November 23, 2009 – to submit comments.  Click here to read the full text of the proposed regulations.  Congress intended that ADAAA, which took effect January 1, … Continue Reading

Another Circuit Court Agrees: ADA Amendments Act is Not Retroactive

Congress did not intend for the ADA Amendments Act (ADAAA) to be retroactive, the Court of Appeals for the District of Columbia ruled yesterday, and applied pre-ADAAA law to dismiss an employment discrimination claim.  Click here to read the court’s decision in Lytes v. DC Water and Sewer Authority.  Congress passed the ADAAA in 2008 and the new … Continue Reading

EEOC Issues Guidance on Severance Agreements and Waivers

Recognizing that severance agreements are becoming more and more prevailant in the down economy, the Equal Employment Opportunity Commission (EEOC) yesterday issued a new technical assistance document titled Understanding Waivers of Discrimination Claims in Employee Severance Agreements (click on the title to access the document).  The new document is intended to help both employers and employees navigate … Continue Reading

Major Budget Increases for Federal Labor and Employment Enforcment Agencies

The Obama Administration has released its fiscal year 2010 budget request.  Among the items are several increases for the federal agencies that oversee labor and employment matters.  Here are some highlights: $104.5 billion to the Department of Labor, an increase of 10 percent, to increase its staff and enforcement activity.  $283 million for the National Labor Relations … Continue Reading

EEOC Issues Swine Flu Guidance

The Equal Employment Opportunity Commission (EEOC) has issued two helpful resources for employers coping with the Swine Flu outbreak. First, the Commission has issued this technical assistance document on ADA-Compliant Employer Preparedness For the H1N1 Flu Virus.  It answers basic questions about workplace preparation strategies for the 2009 H1N1 flu virus (swine flu) that are compliant … Continue Reading

Age Discrimination Claims on the Rise

According to the Wall Street Journal, discrimination filings with the Equal Employment Opportunity Commission (EEOC) went up 15 percent in 2008 compared to 2007, and age discrimination suits in particular showed a dramatic 29 percent increase over the previous year.  Click here to read the WSJ Article.  The conventional wisdom is that discrimination claims go up … Continue Reading

EEOC Proposes Regulations for Genetic Information Nondiscrimination Act

Today the EEOC published its proposed regulations on the Genetic Information Nondiscrimination Act (GINA).  Click here to download the proposed regulations.  Interested members of the public have 60 days (or until May 1, 2009) to comment on the new regs. GINA, passed by Congress last year, prohibits the improper use of genetic information in health insurance … Continue Reading

Senate Passes Lilly Ledbetter Bill 61-36

The Senate voted 61-36 yesterday to pass the Lilly Ledbetter Fair Pay Act, which is intended to overturn a U.S. Supreme Court decision that limited the time frame for bringing pay discrimination claims.  The bill now will have to be reconciled with the House’s version of the bill (H.R. 11), approved on a 247-171 vote Jan. 9, before … Continue Reading

Ledbetter, Fair Pay Acts Pass House

There was a lot of fairness on Capitol Hill last week:  the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act both passed the House of Representatives on Friday, January 9, 2009.  For those of you keeping score at home, the Ledbetter Act passed 247-171, and the Paycheck Fairness Act passed 256-163.  Both bills will proceed … Continue Reading

EEOC Deadlocks Over ADA Amendments Act Rules

The Equal Employment Opportunity Commission (EEOC) split yesterday over whether to approve a notice of proposed rulemaking on the ADA Amendments Act (ADAAA).  The commissioners voted 2-2 on whether to approve a set of proposed rules that had been drafted by EEOC’s Office of Legal Counsel.  Under the EEOC’s rules, a tie vote is the … Continue Reading

Salvation Army Settles “English Only” Lawsuit with EEOC

A Massachusetts federal court last week approved a consent decree settlement of an Equal Employment Opportunity Commission (EEOC) lawsuit against the Salvation Army over the firing of two Spanish-speaking employees who failed to adhere to the employer’s "English only" policy.  To read the consent decree in that case, click here.  In that suit, the EEOC had accused the … Continue Reading

Employer Violated Title VII by Terminating Employee for Undergoing In-Vitro Fertilization

In the first case of its kind before a federal circuit court, the Seventh Circuit Court of Appeals held recently that an employer violated Title VII for terminating a female employee who underwent in vitro fertilization treatments.  To read the opinion in Hall v. Nalco Company, click here.  The employer terminated the employee citing “absenteeism—infertility treatments.”  It then … Continue Reading

EEOC Updates Compliance Manual on Religious Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) updated its compliance manual on religious discrimination.  This update is timely:  according to EEOC statistics, there were 2,880 religious discrimination charges filed with the EEOC in 2007, up nearly 12% from 2006.  Want more guidance?  The EEOC also has this handy Q&A sheet on religious discrimination laws. … Continue Reading
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