Business downsizing, a poor job market, and increased government enforcement will dramatically increase employment discrimination lawsuits for the foreseeable future. We got a glimpse of this trend with the Equal Employment Opportunity Commission (EEOC) release of 2009 charge statistics noting a record number of discrimination claims filed last year. The EEOC report shows that 95,000 charges were
Discrimination & Harassment
Employers limited in use of Genetic Information
The Genetic Information Nondiscrimination Act of 2008 (GINA) was enacted to curtail the use of genetic history in employment-related areas. GINA includes two titles. Title I, which amends portions of the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code, addresses the use of genetic information in health insurance.
Ledbetter now Law: Employers must Focus on Compliance
President Obama signed into law the Ledbetter Fair Pay Act nullifying the U.S. Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Company. Previous posts on the content and effect of the law are as follows:
Ledbetter Fair Pay Act passed by Senate and awaiting Obama Signature
Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation
In its decision in Crawford v. Metropolitan Government of Nashville and Davidson City, the United States Supreme Court considered the scope of Title VII protections from retaliation for employees who act as witnesses in an employer’s internal investigation into harassment. The Court held that an employee’s involvement in the employer’s internal investigation constituted opposition to unlawful employment practices when she responded to her employer’s questions in a manner disapproving of accused harasser’s sexually obnoxious behavior toward her. The Court’s decision unfortunately does not create a bright line standard for employers defining the scope of an employee’s involvement in an internal investigation which can trigger protections from retaliation. Employers should tread very carefully in this area.Continue Reading Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation
Ledbetter Fair Pay Act passed by Senate and awaiting Obama Signature
The Senate passed the Lilly Ledbetter Fair Pay Act of 2009 by a vote of 61 to 36 with both Pennsylvania Senators supporting the legislation. President Obama has previously stated he will sign the law.
The Ledbetter Fair Pay Act redefines the "accrual" of a compensation discrimination claim as follows:
For purposes of
…
OFCCP’s Accessible On-Line Application Requirement
Employers that rely on a web-based application and recruiting processes should examine their websites for compliance with the ADA’s employment provisions which require accessibility and accommodation in the hiring process. A recent OFCCP Directive sets forth the agency’s policy on review of employer websites where applications are solicited:
Effective immediately, all compliance evaluations shall…
Bad News: Ledbetter Fair Pay Act and Paycheck Fairness Act Pass the House.
Congress has passed The Lilly Ledbetter Fair Pay Act of 2009 (H.R. 11) and The Paycheck Fairness Act (H.R. 12). Anaylsis of the new legislation to come.
The Ledbetter Fair Pay Act is discussed in a prior post on Record Retention Nightmare Created by Ledbetter Fair Pay Act . The Paycheck Fairness…
ADA Amendments Act Compliance Tips
The ADAAA was effective January 1, 2009 requiring employers to focus their approach to disability accommodation. The Job Accommodation Network (JAN) of the Office of Disability Employment Policy recently published a compliance resource identifying four Practical Tips which can be expanded upon as follows:
Review Job Descriptions, Qualification Standards and Accommodation Procedures
Developing job descriptions is…
Record Retention Nightmare Created by Ledbetter Fair Pay Act
Ledbetter Fair Pay Act (H.R. 2831/ S. 1843) is on the fast track with full support of the Obama Administration. LFPA overturns the Supreme Court’s decision in Ledbetter v. Goodyear Tire and Rubber Co. effectively eliminating the 180 or 300-day statute of limitations for filing a wage-related discrimination claim. The Bill allows family members…
Human Resources Legal Compliance Checklist for 2009
Human Resource Professionals face a demanding legal compliance year in 2009. The following five items should be added to your “To Do” list for the first quarter of ’09:
ADA Amendments Act Compliance (effective 1/1/2009): The amendments greatly expand the definition of disability refocusing compliance on determining whether the employee is “qualified” and evaluating reasonable…