What this means is that any records created because of a GINA incident of discrimination are subject to the same retention standards as all other Title VII documentation. Otherwise, no GINA log or record must be kept on an ongoing basis.

Passed in 2008, GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II of the act, strictly limits the disclosure of genetic information, and prohibits retaliation against employees who complain about genetic discrimination.

By making GINA record-keeping part of Title VII, the new regulations “require all covered entities to preserve all employment and personnel records that they make or keep for a specified period of time, and to preserve all records relevant to a Title VII or ADA charge until the charge is resolved.”

Employers, keep your managers and employees cognizant of their GINA rights and obligations by obtaining and displaying prominently Personnel Concepts' GINA Notification Poster. Get yours today.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

Fiscal year 2011 ended Sept. 30.

Through its enforcement, mediation and litigation efforts, the EEOC also said it obtained a record $455.6 million in relief during fiscal 2011, up $51 million from the previous year.

Other charges involved sex discrimination (28.5 percent of the total, but at 28,534 filings down 1.7 percent from the previous year); disability discrimination (25,744 and 25.8 percent of the total filings); and age discrimination (23,465 and 23.5 percent of the total).

Employers, make sure your  policies promote fairness and discourage discrimination. To help you develop sound policies, please consult Personnel Concepts' EEO Compliance Program. Get your copy today.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The draft plan envisions three strategic goals: 1) "to combat employment discrimination through strategic law enforcement"; 2) "to prevent employment discrimination through education and outreach" and by establishing community partnerships; and 3) "to ensure that the EEOC delivers excellent service through effective systems, updated technology, and a skilled and diverse workforce."

Comments made must be submitted by 5 p.m. ET on Feb. 1, 2012, at strategic.plan@eeoc.gov or by mail to Office of the Chair, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, DC 20507. This draft plan has not been approved by the commission and is still under review.

Congress requires the publishing of new strategic plans by federal government agencies every four years. The current EEOC strategic plan was enunciated in July 2008 and holds sway through the end of 2012.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The ruling stems from a case being fought by the Equal Employment Opportunity Commission (EEOC) on behalf of a teacher who was fired from a religious school and who claimed it was an act of retaliation for her threatening to file suit under the Americans with Disabilities Act (ADA).

The teacher, Cindy Perich, suffered from narcolepsy and hoped to find a reasonable accommodation so she could continue teaching for the Hosanna-Tabor Lutheran Church's school. Instead, the church fired her for insubordination and failure to follow dispute resolution policies. When the EEOC filed suit on Perich's behalf, the church claimed a "ministerial exception" under the Constitution. Both the EEOC and Perich claimed that she was not a minister but solely a teacher.

In its Jan. 11 ruling on Hosanna-Tabor Lutheran Church and School v. Equal Employment Opportunity Commission, a unanimous Supreme Court ruled that religious groups are free to label employees ministers as they wish and are thus shielded from anti-discrimination employment laws.

Interestingly, in so ruling the court rejected as non-applicable its 1990 interpretation that the U.S. is free to apply "neutral and general" laws to religious groups. (In that case, the issue was the smoking of peyote by Native American religious groups.)

For the vast majority of U.S. businesses, there are no exceptions. To understand and comply with the employment laws of the land, please visit our Harassment and Discrimination section on the Personnel Concepts Web site for a variety of guides and manuals.

One such case is against the Texas Roadhouse, and the other is against Bass Pro Shops. In the latter case involving alleged employment discrimination, the EEOC is seeking people who interviewed for a Bass Pro Shops job and who felt they were rejected because of race or national origin.

Personnel Concepts' comprehensive EEO Compliance Program will help businesses set up policies and training programs to avert discrimination and harassment. Protect yourself by getting a copy today.

Prior to VOW, courts had found it unclear if USERRA offered harassment (hostile work environment) protection to service members as a protected class. Now this has been clarified and amended by VOW.

All employers must notify past, present, and future members of the uniformed services in writing about their rights and obligations under USERRA. Get your copy of Personnel Concepts' USERRA Military Leave Compliance Program today and display the USERRA Rights poster that comes with it as a first step in compliance.

The reasoning behind this, according to the author, EEOC attorney-advisor Aaron Konopasky, is that some individuals are unable to obtain high school diplomas because of learning disabilities.

The author opines: “Even if the diploma requirement is job-related and consistent with business necessity, the employer may still have to determine whether a particular applicant whose learning disability prevents him from meeting it can perform the essential functions of the job with or without a reasonable accommodation.”

Though such informal letters do not carry the weight of  law, this one could indicate that the EEOC is moving in the direction of saying that requiring a high school diploma could have a disparate impact on a certain class of individuals.

Employers and HR professionals should avail themselves of Personnel Concepts EEO Compliance Program to ensure they're observing all job applicants' and employees' rights under federal law. Get yours today.

As many of you know, the National Labor Relations Board—in addition to mandating a new Employee Rights Poster—has clarified what is considered "protected concerted activity" under the watershed 1938 National Labor Relations Act (NLRA). Now considered protected concerted activities under the NLRA are social media postings that concern workplace issues that are not lone "gripe" sessions but involve more than one employee in the discussion. In a sense, the water cooler has thus been moved to cyberspace.

If your company lacks a social media policy, or if your policy is over-restrictive, you need to modify the current one or develop a new one. This policy should naturally be reflected in your employee handbook.

Personnel Concepts now offers a convenient online tool for building a customized company employee handbook that incorporates a solid social media policy. Sign up at our Online Handbook Center today and begin the step-by-step process of compiling your 2012 employee handbook today.

When this happens under the new MOU, the OFCCP will conduct the investigation on behalf of the EEOC while simultaneously sharing all filings and fact-finding and resolutions with the commission.

Henceforth, the Compliance Coordinating Committees of both agencies will meet at least biannually to discuss cooperation and resolves issues. The controlling MOU was last updated in 1999.

To help employers and human resource professionals stay abreast of anti-discrimination policies and procedures, Personnel Concepts publishes a helpful EEO Compliance Program. Get a copy today.

In FY 2011, the EEOC claims it produced historic levels in its year-end results. Most notably, the pending inventory of private sector charges was reduced by more than 8,000 charges over the FY 2010 level, bringing the level to 78,136, which is the first reduction in inventory since FY 2002. These results were achieved despite having received a record number of receipts, 99,947 charges. A total of 112,499 charges were resolved—an increase over the 104,999 charges resolved in FY 2010.

In FY 2011, the EEOC secured more than $58 million in relief for parties who requested hearings in the federal sector. There was a total of 8,113 requests for hearings, more than the 7,707 received in FY 2010. Additionally, the commission’s hearings program resolved a total of 7,672 complaints.

During the last fiscal year, the EEOC received 5,176 appeals of final agency actions in the federal sector, 13.8 percent more than the 4,545 such appeals received in FY 2010. This represented the largest percentage increase in receipts in more than 15 years. In FY 2011, the EEOC applied a more balanced approach to the resolution of the newest and oldest appeals. The agency resolved 4,510 appeals, including 54.4 percent of them within 180 days of their receipt.

To help employers and human resource professionals stay abreast of anti-discrimination policies and procedures, Personnel Concepts publishes a helpful EEO Compliance Program. Get a copy today.