Hiring Disabled Vets: The EEOC Enters the Fray

Posted by Burton J. Fishman on February 29, 2012

It appears that the employment of disabled veterans has become the top priority of both the Department of Labor and the EEOC. It seems there is a competition among the federal agencies to show which is more supportive of disabled vets.  DOL, through the offices of the OFCCP, has issued controversial Proposed Regulations for significantly enhanced affirmative action entitlements for individuals with disabilities.  Now the EEOC has issued a new Guidance: Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers.

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Tolerance or Neutrality: Religion in the Workplace

Posted by Burton J. Fishman on October 25, 2011

Most of us grew up believing that our personal religious practices were not the government’s business, one way or the other: no help but no impediments, either.  When Title VII was passed and “religion” became a “protected” attribute, the courts were, inevitably, called in to clarify what kind of accommodations – if any – an employer was required to make for religious practices.  And the Supreme Court made it clear that governmental neutrality regarding religion carried over into private employment.

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OFCCP Director Provides Answers in Live Q&A Webinar

Posted by David S. Fortney on July 13, 2011

OFCCP Director Shiu conducted a live Q&A webinar and provided a good overview on a number of pending issues.  She confirmed that we will have the proposed regulations under 503 of the Rehab Act in the near future (anticipated before Labor Day) and that the Agency continues to work on proposed compensation guidelines.  Although there is some loose coordination with EEOC, there is room for enhanced coordination in compensation matters.  In addition to the pending rulemaking and guidance, Director Shiu provided updated enforcement statistics, including the strong likelihood that individual complaints result in uncovering violations.  We have prepared a summary organized by topics that will make it easy for you to see the specific responses under each area.  This is a welcome development to have Director Shiu provide this information on the OFCCP regulatory agenda as well as other pending Agency developments.

GINA Recordkeeping: The EEOC's False Promise

Posted by Burton J. Fishman on June 02, 2011

The EEOC just published its Notice of Proposed Rulemaking (NPRM) with the august title of “Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA.”  The NPRM, in fact, deals entirely with GINA, the Genetic Information Non-Discrimination Act.

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EEOC to World: Can't Do the Job? Who Cares?

Posted by Burton J. Fishman on May 25, 2011

Now that there is an amended ADA and final Regulations have been published, we are waiting for new cases to be litigated so that we can learn just how this new disability regimen will work.  We know that many cases that failed under the old law will likely proceed and even succeed now, but one question that floated in the background was the degree to which the EEOC would pursue the limits of the law.  A recent case gives us a hint that we are in for quite a ride.

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The New ADA: A Backdoor Expansion of the FMLA?

Posted by Burton J. Fishman on May 09, 2011

You have to wonder why Congress and the EEOC have given so much time and attention to including ailments and major life activities in the list of presumptive disabilities that have never been considered either major or disabling.  One explanation is to think about what’s going on as much in terms of the FMLA as the ADA.  Take reproductive functions, for example.

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EEOC Issues Final ADAAA Regulations

Posted by Burton J. Fishman on March 31, 2011

On March 25, 2011, the EEOC issued its Final Regulations interpreting the ADA Amendments Act (ADAAA), ending a 20-month wait since the proposed Regulations were published in September 2009.  The Final Regulations will become effective in 60 days.  The text of the Regulations are available at www.fortneyscott.com. 

 The best way to understand the new Regulations is to heed the words of EEO Commissioner Vicky Lipnic: “Remember that these statutory changes were all about expanding coverage and these regulations are all about expanding coverage.”  

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