EEOC Hearing Highlights Impact of Age Discrimination

July 16, 2009 - by: HR Hero 0 COMMENTS

The U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing on July 15 to review recent developments under the Age Discrimination in Employment Act (ADEA). The panel discussed the effects of widespread layoffs, threats to employee benefits, and controversial recent court decisions on older workers. The panelists testified in detail about the damaging effect of age stereotyping and recent judicial decisions that have curtailed older workers’ ability to challenge age discrimination, citing Kentucky Retirement Systems v. EEOC and Gross v. FBL Financial Services, Inc., as examples.

The experts also proposed – and urged – a variety of potential enforcement and policy solutions to counteract adverse judicial decisions, such as: read more…

EEOC Files Sexual Harassment Case Against Oregon Agriculture Employers

June 23, 2009 - by: HR Hero 1 COMMENTS

The Equal Employment Opportunity Commission (EEOC) recently filed its third sexual harassment case in less than a year against Oregon agricultural employers. The most recent suit charges that sexual harassment and retaliation occurred at Willamette Tree Wholesale, a retail nursery with 140 acres of farmland and a garden supply store in Molalla, Oregon, where Latina workers were allegedly sexually harassed and threatened, and at least one woman was repeatedly raped.

Regarding the case, EEOC Regional Attorney William R. Tamayo said, “From California, where the fields were called ‘field de calzon’ (or ‘field of panties’) because so many supervisors raped women there, to Florida, where female farm workers call them ‘The Green Motel,’ and throughout the country, we have found women working in agriculture are often particularly vulnerable to sexual harassment. We hope this third Oregon lawsuit will send notice to employers in this industry to stop predatory sexual behavior and abuses of supervisor power.”

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EEOC Votes to Revise ADA Amendments Act Regulations

June 16, 2009 - by: HR Hero 2 COMMENTS

(Updated June 17, 2009) The U.S. Equal Employment Opportunity Commission (EEOC) voted Wednesday (June 17) to move forward with revising its regulations to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability. Last December, the agency considered proposed regulations but deferred any action. Many observers attributed the delay to the Democratic members of the commission who wanted to wait until after President Barack Obama was inaugurated and a new administration in place.

The Commission voted 2-1 to adopt the rules changes at a public meeting this morning at the agency’s Washington headquarters. The five-member body has two vacancies.

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Government Resources for Employers on H1N1 Swine Flu

April 29, 2009 - by: HR Hero 0 COMMENTS

Many departments and agencies in the federal government provide helpful information for individuals, businesses and health care providers on responding to pandemic flu and developing plans to deal with contagious diseases and other emergencies. The following is information from the federal government directed toward businesses.

ADA-Compliant Employer Preparedness For the H1N1 Flu VirusEEOC compliance guidance for employers on the H1N1 swine flu

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EEOC Develops Best Practices Against Caregiver Discrimination

April 22, 2009 - by: HR Hero 0 COMMENTS

On April 22, the Equal Employment Opportunity Commission (EEOC) offered employers new guidance and best practices on avoiding discrimination against workers with caregiving responsibilities. The best practices document is available online at www.eeoc.gov/policy/docs/caregiver-best-practices.html and illustrates proactive measures employers can take that go beyond federal non-discrimination requirements.

It supplements a 2007 EEOC guidance document on unlawful disparate treatment of employees/caregivers. The new guidance suggests language for a written policy addressing caregiver protection and offers best practices in recruitment, hiring, promotion, and terms and conditions of employment.

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EEOC Violated the FLSA? Oops

March 31, 2009 - by: HR Hero 1 COMMENTS

An arbitrator has ruled that the U.S. Equal Employment Opportunity Commission’s (EEOC) practice of giving comp time to employees who worked extra hours didn’t meet the requirements of the Fair Labor Standards Act (FLSA). The ruling stems from a 2006 grievance protesting the EEOC’s reclassification of certain investigators and mediators as exempt from overtime under the FLSA.

The arbitrator had issued an earlier, interim decision returning all but one group of employees to non-exempt status. The issue in this decision was whether the EEOC had “suffered and permitted” employees in non-exempt positions to work overtime without offering them a choice between extra pay or comp time.

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Categories: EEOC

EEOC Seeking Comment on Proposed GINA Regulations

February 26, 2009 - by: HR Hero 0 COMMENTS

The U.S. Equal Employment Opportunity Commission (EEOC) is in the process of finalizing regulations implementing the employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA).

The Genetic Information Non-Discrimination Act, signed into law in May 2008, prohibits discrimination by health insurers and employers based on people’s genetic information. The EEOC is to issue regulations by May 21, 2009, implementing Title II of GINA, the part that prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

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