The U.S. Supreme Court today (March 22, 2011) overturned the 7th Circuit Court of Appeals' ruling that, to be valid, complaints under the anti-retaliation provision of the Fair Labor Standards Act (FLSA) must be in writing. In Kasten v. Saint-Gobain Performance Plastics, the justices rejected what they termed a "narrow interpretation" of language in the [...]
Read the rest of this entry »The Office of Management and Budget (OMB) reportedly has approved the Equal Employment Opportunity Commission (EEOC) proposed final regulations for the ADA Amendments Act (ADAAA). The EEOC, if this is the case, is free to publish the final regulations in the Federal Register and begin enforcing their provisions after a stated period of time. The [...]
Read the rest of this entry »In addition to reporting a record number of discrimination charges during the last fiscal year (nearly 100,000), the U.S. Equal Employment Opportunity Commission (EEOC) secured more than $400 million in monetary benefits from employers–the highest level of monetary relief ever obtained by the EEOC through its combined enforcement, mediation and litigation programs. In order [...]
Read the rest of this entry »The U.S. Department of Justice's amended Final Rule concerning the Americans With Disabilities Act (ADA) takes effect tomorrow, March 15, 2011, replacing the 1991 act's Standards for Accessible Design with a more vigorous 2010 set of standards. The 2010 Standards for Accessible Design provide new specifications for a wide range of architectural access features, including [...]
Read the rest of this entry »The Equal Employment Opportunity Commission (EEOC) is requesting public commentary for a review it is launching into all its regulations to determine which "should be modified, streamlined, expanded, or repealed, to make the EEOC's regulatory program more effective and/or less burdensome." The review follows an executive order issued by President Obama for all government agencies [...]
Read the rest of this entry »Although a government shutdown over budget priorities may be looming, that didn't stop the Equal Employment Opportunity Commission (EEOC) from requesting an additional $18 million in funding for fiscal year 2012 to increase the ranks of its inspectors from 2,371 to 2,557—a 9.2-percent jump. The budget request for $385.5 million (an increase of 9.5 percent) [...]
Read the rest of this entry »The Equal Employment Opportunity Commission (EEOC) held hearings yesterday (Feb. 15, 2011) into the causes and consequences of a recent trend in hiring—the unemployed need not apply. Phrases such as "no unemployed candidates will be considered" and "must be currently employed" are now peppering job postings and want ads. This has the EEOC concerned that [...]
Read the rest of this entry »The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it has received a record number of discrimination charges during the past fiscal year. The total number of charges received by the agency reached nearly 100,000, representing the highest number of charges in its 45-year history and a 7 percent increase in charge activity since [...]
Read the rest of this entry »The courts have yet to weigh in, but a recent settlement between the National Labor Relations Board (NLRB) and a Connecticut ambulance company may mean more freedom of speech—or at least retaliatory protection—for employees who post comments about their companies online. The incident has several angles to it, only one of which relates to the [...]
Read the rest of this entry »In Thompson v. North American Stainless, decided yesterday (Jan. 24, 2011), the U.S. Supreme Court extended Civil Rights Act Title VII protection against retaliation to the fiancé of someone who had filed an EEOC complaint against the same company. Eric Thompson, who worked at North American, was fired after his fiancée lodged a complaint with the Equal [...]
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