Jumping to the conclusion that an employee’s poor performance is due to a medical condition could be very risky for the employer, mainly because of the expanded definition under the Americans with Disabilities Act Amendments Act on what would constitute “regarded as” disability discrimination, according to David K. Fram, Director, ADA and EEOC Services for the National Employment Law Institute. This week’s Feature from CCH HR Compliance Library reports on Fram’s presentation at NELI’s 16th Annual Americans with Disabilities Act Workshop and his prediction of increased claims by employees that they were “regarded as” having a disability.
EEOC
Feature of the Week
The U.S. Equal Employment Opportunity Commission is in the process of reviewing employer hiring practices, particularly in the area of the use of arrest and conviction records. (Hawaii already prohibits employment discrimination based on arrest and court record, except under certain limited circumstances.) This week’s Feature from CCH News reports on a July 26 EEOC meeting held to lay out the scope of the problem of using arrest and conviction records in hiring, to identify and highlight employers' best practices, ways in which arrest and conviction records have been used appropriately, and current legal standards.
Feature of the Week
Employers who fall under the purview of the Office of Federal Contract Compliance Programs are advised by OFCCP expert John C. Fox that the agency has been removing limitations on pay discrimination enforcement “brick-by-brick” over the past six months. This week’s Feature from CCH News covers a webinar presented by the National Employment Law Institute on the OFCCP enforcement efforts on pay discrimination, including the replacement of Bush Administration guidelines on compensation with new compensation investigation instructions and the revision of OFCCP audit procedures to allow for more on-site investigations.
Feature of the Week
It’s human nature to feel angry at someone who appears to be attacking us or the organization, but when it comes to acting against a complainer, employers and managers are advised to proceed cautiously. This week’s Feature from CCH News reports on what an Equal Employment Opportunity Commission regional attorney said about retaliation at the Chicago Bar Association’s annual labor and employment law conference.
Feature of the Week
The publication of the final regulations interpreting the Americans with Disabilities Act Amendments Act is imminent, and the rules will mandate broader coverage under the ADA than the courts previously allowed, so more people with psychiatric and mental disabilities are protected by law. The EEOC held its first ever hearing on the employment of individuals with mental disabilities, and this week’s Feature is a report from CCH News on the advocate testimony presented.
Feature of the Week
As technology advances and gets easier and more inexpensive to use, employers see the results as job candidates strive to make their resumes stand out via video resumes, websites, and the like. While equal employment opportunity laws do not generally prohibit use of video resumes as an employment selection tool, the key is how the videos are used, according to Equal Employment Opportunity Commission Assistant Legal Counsel Carol R. Miaskoff. This week’s Feature from CCH HRAnswersNow provides a roadmap for the proper use of video as a job selection tool.
EEOC Issues Free GINA-Updated Poster
The Equal Employment Opportunity Commission has revised its “Equal Employment Opportunity is the Law” poster to reflect current federal employment discrimination law including the Americans with Disabilities Act Amendments Act of 2008 and the Genetic Informatio
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EEOC Asks for Comment on Proposed ADAAA Rules
The definition of what constitutes a “disability” under proposed Equal Employment Opportunity Commission revisions of the Americans with Disabilities Act rules will be “interpreted broadly,” according to the agency.
The proposed rules were published Sept.
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EEOC Has Q&A on Proposed ADAAA Rules
The Equal Employment Opportunity Commission has issued a notice of proposed rulemaking to conform its Americans with Disabilities Act regulations to the Amendments Act of 2008, and has also issued a question and answer guide to the rule changes.
The EEOC is proposing changes both to the ADA regulation itself and to the Int
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EEOC Revises Compliance Manual in Light of Ledbetter Fair Pay Act
The Equal Employment Opportunity Commission has revised its Compliance Manual to reflect the requirements of the Lilly Ledbetter Fair Pay Act, which allows complainants to file fair pay charges up to 300 days after receiving a paycheck which allegedly perp
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Waiver Guidance Issued by EEOC
Employers who are thinking of offering severance agreements and waivers to departing employees should review the guidance offered by the Equal Employment Opportunity Commission aimed at helping the employee to decide whether to sign it.
To minimize the risk of potential litigation, many emplo
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Proposed ADA Rules Significantly Change Standard for Determining Impairments Says Law Firm
On June 17, the Equal Employment Opportunity Commission voted to revise its regulations on the Americans with Disabilities Act to reflect changes made by the ADA Amendments Act of 2008.
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EEOC Warns About Swine Flu Discrimination
The Equal Employment Opportunity Commission has issued a notification reminding employers about employment discrimination issues and the H1N1 (swine flu) virus.
The EEOC advisory notes that Title VII of the Civil Rights Act prohibits employment discrimination on the basis of national origin, for example, discrimination against Mexicans, and
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Perceived Disability Costs Company $95,000, More Training
A Maryland-based storage facility will pay $95,000 and provide “other substantial relief” to settle a perceived disability discrimination lawsuit filed by the EEOC.
According to the EEOC, the company unlawfully fired a maintenance worker who had a visible disfigurement due to severe burns.
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