By Tammy Binford

Government statistics show that unemployment among people with disabilities is far higher than unemployment for people without disabilities. Year-end figures for 2011 are not yet available, but the Bureau of Labor Statistics (BLS) has figures revealing that the 2010 unemployment rate for people with disabilities was 14.8 percent. That’s more than one and a half times higher than the rate for people without disabilities, which was 9.4 percent.

What may be more startling than the unemployment rate is the number of people with disabilities who aren’t even in the labor force at all. According to data published in December by the BLS, 79.2 percent of working-age individuals with disabilities are outside the labor force, compared to 30.5 percent of those without disabilities.

Now the federal government is trying to take steps to narrow the employment gap between those with and without disabilities by proposing that federal contractors and subcontractors set a hiring goal of having seven percent of their workforces be made up of people with disabilities. read more…

According to the annual Performance and Accountability Report released in November, the Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a 10 percent decrease in its pending-charge inventory, the first such reduction since 2002. At the same time, the agency achieved the highest-ever monetary amounts through administrative enforcement, and it received a record number of discrimination charges.

The fiscal year ended on September 30, 2011, with 78,136 pending charges, a decrease of 8,202 charges. The agency received 99,947 discrimination charges during the fiscal year — the most in the agency’s 46-year history. More than $364.6 million in monetary benefits was recovered in workplace discrimination cases — another highest-ever-in-agency-history figure. The report also estimates that the EEOC’s public outreach and education programs reached approximately 540,000 persons directly. read more…

By Susan W. Kline

In addition to prohibiting discrimination against qualified employees and applicants with disabilities, the Americans with Disabilities Act (ADA) prohibits employment discrimination against someone, regardless of whether he has a disability, because of his known relationship or association with a disabled person. The disabled person with whom the employee or applicant is associated need not be a family member for the protection to apply. The focus is on whether the employer treated the applicant or employee worse than others based on his relationship or association with a disabled person. Several recent court decisions involving “association” claims under the ADA illustrate how these protections operate.

Three Types of Claims

The Seventh U.S. Circuit Court of Appeals, which has jurisdiction over Indiana, Illinois, and Wisconsin, has defined three distinct types of association discrimination claims under the ADA. read more…

Last year is ended on a high note, at least in terms of one economic indicator: the nation’s unemployment rate fell to 8.5 percent in December. Despite that good news, many states are still experiencing record unemployment; this rampant unemployment was the number one issue addressed by state legislatures this past year. Here is a brief look some key issues state legislatures tackled in 2011:

• In an effort to modernize and update their programs, as well to pull down available federal funds, several states overhauled their unemployment compensation laws.
• Maine and Pennsylvania added work-sharing laws.
• New Jersey, Illinois, Michigan, and New York passed laws prohibiting employers from discriminating against the unemployed when hiring. A proposed federal law is also pending in both the House and Senate. read more…

By Marcia Akers

Baby Boomers are now entering their retirement years while some members of “The Greatest Generation” remain in the workforce. Gen Xers and Yers are looking for advancement and rewarding entry-level positions. This first-ever phenomenon of having four generations in the workplace at the same time is creating challenges for employers, including how to create a safe and pleasant environment while capitalizing on the unique resources, experiences, and talents that each group has to offer.

These intergenerational workplace issues have been studied by Chris Weiser, who leads an employee group at Sodexo. “It’s not like Gen-Xers and Gen-Yers need to be like their Baby Boomer boss . . . or Baby Boomers have to learn to text 140 words a minute,” Weiser says. “It’s about understanding that everyone has some style differences.” A high-functioning, age-diverse workforce can be a primary contributor to a company’s current stability and future growth.

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By Kara E. Shea

Employers are understandably hesitant to hire an applicant with a criminal history. There are good reasons to exercise caution ― employers face considerable exposure for workplace violence committed by employees.

The U.S. Department of Labor‘s Occupational Safety and Health Administration regularly cites employers that have failed to enact adequate safeguards against workplace violence. Employers also may be sued in private lawsuits based on negligent hiring or retention of employees who commit workplace violence.

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By Megan E. Snyder

The U.S. Supreme Court recently handed down a decision in Wal-Mart Stores, Inc. v. Dukes, a landmark case involving 1.5 million female current and former Wal-Mart employees who attempted to challenge the retail giant’s employment practices. Essentially, the women complained that local stores have too much discretion in making decisions about compensation and promotions, resulting in numerous discriminatory employment decisions. The case redefines (and narrows) a key requirement to certification of class-action suits ― that is, commonality among the members of the proposed class. The Court’s decision offers some relief to employers facing class-action wage and hour litigation suits.

General Class-Action Requirements

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On October 21, 2011, President Barack Obama announced “After nearly 9 years, America’s war in Iraq will be over.” At the time, America had already withdrawn nearly 100,000 troops from Iraq, leaving nearly 40,000 “non-combat” troops to come home by the December 31 deadline set in 2008. Referencing plans for troop withdrawal in Afghanistan as well, Obama declared that “the tide of war is receding” and that the number of troops deployed “will continue to go down.” As we welcome our veterans home, here are some facts about that population from the U.S. Census Bureau:

• In 2010, there were 21.8 million military veterans in the United States.

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By Jeffrey S. Beck

As the weather changes, many employers turn their attention to facility maintenance. If you’re one of those employers, you should consider the implications of the Americans with Disabilities Act’s (ADA) building design standards for any significant projects you undertake, whether it’s a new coat of paint, remodeling, or thorough winterizing. Recently, the U.S. Department of Justice adopted revised “Standards for Accessible Design” (the “2010 standards”) as well as modifications to the ADA’s general nondiscrimination requirements. Much of the discussion of the recent amendments to the ADA has focused on the changes to its general nondiscrimination requirements. However, you should also be aware of the 2010 standards to avoid liability.

What’s the Big Deal?

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Someone applies for a job and doesn’t get it. End of story? Not necessarily. More than 6,300 unsuccessful job applicants have complained to the Equal Employment Opportunity Commission (EEOC) so far this fiscal year, claiming illegal discrimination kept them out of a job.

Bass Pro, Weight Watchers in EEOC’s Sights

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