Proposed GINA rule clears up issue on wellness programs

November 02, 2015 - by: Tammy Binford 0 COMMENTS

A new proposed rule from the Equal Employment Opportunity Commission (EEOC) settles the question of whether employers are justified in seeking medical information on covered spouses participating in wellness programs.

The proposed rule, published in the October 30 Federal Register, would amend regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA). The proposed rule’s summary states that it addresses how an employer may offer inducements for an employee’s covered spouse to provide information about current or past health status as part of a health risk assessment connected to the employer’s wellness program.

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Supreme Court sides with EEOC in religious discrimination case

June 01, 2015 - by: HR Hero Alerts 0 COMMENTS

A ruling in a closely watched religious discrimination case means employers may be liable for discrimination if they base employment decisions on an applicant’s suspected religious practices even in situations, such as the one in this case, in which the applicant hasn’t directly disclosed a need for a religious accommodation.

On June 1, the U.S. Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc., a case involving Samantha Elauf, a young Muslim woman who interviewed for a job in an Abercrombie store in Oklahoma in 2008. During the interview, she wore a head scarf as part of her Muslim faith. At the time, Abercrombie had a “look policy” prohibiting head coverings.

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Proposed rules on contractor ‘blacklisting’ order published

by Judith E. Kramer

The controversial proposed “blacklisting” regulations implementing President Barack Obama’s Fair Pay and Safe Workplaces Executive Order have been published in the May 28 edition of the Federal Register for notice and comment. The proposed regulations were issued by the Federal Acquisition Regulation (FAR) Council.

The order, which the proposed regulations interpret, applies to prospective and existing contractors with contracts over $500,000. The order provides that employers can be denied federal contracts if they have violated or have allegedly violated a number of federal, state, or local labor and employment laws within the past three years.

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Supreme Court allows judicial review of EEOC conciliation efforts

April 30, 2015 - by: Tammy Binford 0 COMMENTS

The U.S. Supreme Court has handed employers at least a small victory by unanimously ruling that courts are allowed to review the Equal Employment Opportunity Commission’s (EEOC) conciliation efforts in discrimination cases.

On April 29, the Court imposed moderate standards for the conciliation efforts the EEOC is required to make before it files a lawsuit against an employer accused of unlawful discrimination.

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EEOC calling for changes to ADA regulations related to wellness programs

April 16, 2015 - by: Tammy Binford 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking addressing how employer wellness programs can be in compliance with the Americans with Disabilities Act (ADA).

The EEOC announced the proposed rule on April 16, and it was published in the Federal Register on April 20. Members of the public have until June 19 to submit comments. In addition to the notice, the EEOC has published a fact sheet for small businesses and a question-and-answer document.

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Supreme Court clarifies employer obligations related to pregnant workers

March 25, 2015 - by: Tammy Binford 2 COMMENTS

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily.

In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations of the Pregnancy Discrimination Act (PDA) offered by both parties as well as the Equal Employment Opportunity Commission (EEOC). By sending the case back to the lower court, the justices revived the employee’s claim that her treatment violated the PDA.

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Controversial EEOC official reconfirmed as general counsel

December 03, 2014 - by: Tammy Binford 0 COMMENTS

P. David Lopez, general counsel of the Equal Employment Opportunity Commission (EEOC), won confirmation for another four-year term on a 53-43 Senate vote on December 3. The Senate also voted 93-2 to confirm Charlotte Burrows to a seat on the commission.

Lopez became the agency’s general counsel in April 2010. Before taking the general counsel post, he held various EEOC positions during a two-decade career with the agency.

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New guidance on pregnancy discrimination released

July 15, 2014 - by: HR Hero 1 COMMENTS

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.

The EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14. Besides the guidance, the agency released questions and answers about the guidance and a fact sheet for small businesses.

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Flexible work, job protection, paid leave at heart of White House summit

June 23, 2014 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

President Barack Obama is launching a new effort aimed at increasing protections, opportunities, and wages for workers to create what the White House envisions as a 21st century workplace.

The president, First Lady Michelle Obama, Vice President Joe Biden, and Dr. Jill Biden are hosting the White House Summit on Working Families on June 23. The agenda calls for sessions focusing on hourly workers, compensation, the structure of the workplace, STEM (science, technology, engineering, and math) careers, and nontraditional jobs, among other topics.

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Houston Equal Rights Ordinance to take effect

by Michael P. Maslanka

Houston employers need to be ready for the Houston Equal Rights Ordinance (HERO), which will take effect June 27. The new law adds to the protected classes already covered under federal and state law. Here’s a look at the major aspects of the law.

Covered employers. During the first year, companies with 50 or more employees will be covered. On the first anniversary of the ordinance’s effective date, that number drops to 25. On the second anniversary, it drops to 15.

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