EEOC Claims Record Year in 2011

November 17, 2011 - by: HR Hero 1 COMMENTS

The Equal Employment Opportunity Commission (EEOC) is touting fiscal year 2011 as a record year for obtaining monetary settlements and taking in discrimination charges. Also, the agency said it finished the fiscal year on September 30 with a 10 percent decrease in its pending charge inventory, the first such reduction since 2002.

The agency released its Performance and Accountability Report on November 15. Here are some of the highlights: read more…

Categories: EEOC

Employers Warned to Include GINA Disclosure on FMLA Forms (video)

November 03, 2011 - by: HR Hero 0 COMMENTS

Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee.

Caraway says a one-paragraph statement is available on the Equal Employment Opportunity Commission’s (EEOC) website and tells doctors not to include any genetic information on the FMLA certification form. Including the EEOC language also gives employers a “safe harbor” showing that even if the doctor provides prohibited information, the employer didn’t violate the law.

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Categories: EEOC / FMLA / GINA

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New ADAAA Regulations Effective Immediately

May 24, 2011 - by: Jessica Webb-Ayer 4 COMMENTS

Today is the day! Although many thought the day might never come, the final regulations under the ADA Amendments Act (ADAAA) are finally effective. The Equal Employment Opportunity Commission (EEOC) released these long-awaited regulations earlier this spring, and employers have been scrambling to become familiar with the intricacies of the new final rules, which are significantly different from the proposed regulations the EEOC issued in September 2009.

The final regulations aren’t very employer-friendly. In fact, the EEOC makes clear that the ADAAA’s primary purpose is to make it easier for individuals with disabilities to be protected under the Americans with Disabilities Act (ADA) and that employers need to focus on whether they have complied with their obligations under the ADA and whether discrimination has occurred, instead of whether an employee’s impairment meets the definition of disability.

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Wait Is Finally Over! EEOC Finalizes Regulations Interpreting ADAAA

March 24, 2011 - by: HR Hero Alerts 0 COMMENTS

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Commission (EEOC) has finalized regulations interpreting the law’s requirements. For the most part, the final regulations provide exactly the type of comprehensive guidance employers were hoping for. In any event, they are a dramatic departure from (and an improvement over) the proposed regulations the EEOC issued in September 2009.

Let’s look at the regulations’ key provisions and what they mean for employers.

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EEOC Issuing Long-Awaited ADA Regulations

March 24, 2011 - by: HR Hero Alerts 0 COMMENTS

By David S. Fortney, Editor Federal Employment Law Insider
Fortney & Scott, LLC

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Agency (EEOC) is finally issuing regulations interpreting the law’s requirements. The regulations provide crucial information for employers who, for the past two years, have struggled to comply with the ADAAA with no regulatory guidance on what was required of them.

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Supreme Court OK’s Third-Party Retaliation Lawsuit

January 25, 2011 - by: HR Hero 0 COMMENTS

Yesterday, in Thompson v. North American Stainlessi LP, the U.S. Supreme Court issued an employee-friendly ruling in a third-party (or associational) retaliation case. The Court unanimously held that a man who was fired after his fiancée filed a gender discrimination charge with the Equal Employment Opportunity Commission (EEOC) could sue for retaliation under Title VII of the Civil Rights Act of 1964.

In Thompson, Eric Thompson worked at North American Stainless, LP (NAS) with his then-fiancée, Miriam Regalado, who filed a gender discrimination charge with the EEOC. A few weeks after the EEOC informed NAS of Regalado’s charge, the company terminated Thompson’s employment. Thompson sued NAS, claiming it retaliated against him for his fiancée’s protected activity. The trial court ruled in favor of NAS, and the Sixth U.S. Circuit Court of Appeals agreed, holding that Thompson couldn’t sue under Title VII because he didn’t engage in protected activity.

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EEOC Announces Record Year of Charges, Employee Relief

November 24, 2010 - by: Holly Jones 0 COMMENTS

After years of budget constraints left the thinly staffed agency struggling under a hefty workload, the Equal Employment Opportunity Commission (EEOC) has bounced back, causing headaches for many employers. During the 2010 fiscal year, which ended September 30, the EEOC received a record number of charges — nearly 100,000, the most in the agency’s 45-year history. Yet in a press release issued yesterday, the agency noted that its 2010 fiscal year had come to a close with only about 85,000 claims pending, a backlog less than one percent larger than that of the prior year.

In contrast, the EEOC had seen its backlog increase by 38 percent in just three years, then by another 16 percent in the 2008-2009 fiscal year. The agency, which had suffered from past budget constraints, received generous allocations this year and has put the funds to use hiring and training new staff.

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Categories: EEOC / HR Hero Alerts

EEOC Issues Final GINA Regulations

November 09, 2010 - by: HR Hero 1 COMMENTS

By Adria Martinelli and Julie Athey

After several delays, the Equal Employment Opportunity Commission (EEOC) has issued final regulations that interpret and implement the nondiscrimination requirements of the Genetic Information Nondiscrimination Act (GINA). For the most part, the final regulations don’t differ substantially from the ones proposed by the agency nearly two years ago. However, they do provide specific examples of what employers must do (and refrain from doing) to comply.

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Publication of New ADA and GINA Regulations Delayed

May 27, 2010 - by: HR Hero 0 COMMENTS

By Burton J. Fishman

In a prior notice, the Equal Employment Opportunity Commission (EEOC) announced that its new Genetic Information Nondiscrimination Act (GINA) regulations would be issued this month and that new Americans with Disabilities Act (ADA) regulations should be out in July. It now appears those dates were overly optimistic.

In a public session before the District of Columbia Bar’s Labor and Employment Committee on Wednesday, May 26, EEOC Commissioners Victoria Lipnic and Stuart Ishimaru indicated that with three new members and a new general counsel coming onto the board, there is certain to be a period of reexamination of the public comments about the regulations before the commissioners are prepared to vote on them.

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Senate HELP Committee Hears Testimony on Paycheck Fairness Act

March 11, 2010 - by: Holly Jones 0 COMMENTS

The Senate Health, Education, Labor, and Pensions (HELP) Committee heard extensive testimony this morning on the Paycheck Fairness Act (S. 182; H.R. 11), a bill that proposes numerous changes to the Equal Pay Act of 1963. Among the witnesses present were Representative Rosa DeLauro, who is one of the sponsors of the Act, and Commissioner Stuart Ishimaru, the acting chairman of the Equal Employment Opportunity Commission (EEOC).

During his testimony, Chairman Ishimaru focused on the importance of the Act’s pay data provisions, noting that the EEOC currently has no way of knowing about private-sector pay information because employees keep that information private and are often told not to talk about it. He noted that the Paycheck Fairness Act would give the EEOC better tools to help employees, while also providing data standards that would assist employers. (For a written statement from Chairman Ishimaru, visit http://www.eeoc.gov/eeoc/events/ishimaru_paycheck_fairness.cfm)

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