On April 25, 2012, OFCCP Director Patricia Shiu issued a Notice of Rescission to rescind Directive 293, Coverage of Health Care Providers and Insurers, issued December 16, 2010. The Notice is effective immediately.
According to the Notice of Rescission, “recent legislation and related developments in pending litigation warrant rescission of Directive 293 at this time. OFCCP will continue to use a case-by-case approach to make coverage determinations in keeping with its regulatory principles applicable to contract and subcontract relationships and OFCCP case law This rescission should not be interpreted as reinstating prior Directive Numbers 189 and 262.
For more information: Notice of Rescission.
The link is at: http://www.dol.gov/ofccp/regs/compliance/directives/dir301.htm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez and National Industry Liaison Group Chair Valerie J. Vickers signed an alliance agreement to promote the hiring of individuals with disabilities by the federal contractor community.
For more information: “US Department of Labor’s Office of Disability Employment Policy Signs Alliance Agreement with National Industry Liaison Group,” April 26, 2012.
The link is at: http://www.dol.gov/opa/media/press/odep/ODEP20120811.htm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
On April 25, 2012, the EEOC issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended (Title VII).
The EEOC also issued a Q&A on the guidance.
EEOC Chair Jacqueline A. Berrien stated in the Commission’s news release that: “The new guidance clarifies and updates the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment, which will assist job seekers, employees, employers, and many other agency stakeholders.”
Among other topics, the guidance discusses:
- How an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII;
- Federal court decisions analyzing Title VII as applied to criminal record exclusions;
- The differences between the treatment of arrest records and conviction records;
- The applicability of disparate treatment and disparate impact analysis under Title VII;
- Compliance with other federal laws and/or regulations that restrict and/or prohibit the employment of individuals with certain criminal records; and
- Best practices for employers.
For more information including links to the enforcement guidance and Q&A: “EEOC Issues Enforcement Guidance” (April 25, 2012) at http://www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Stuart Ishimaru, EEOC Commissioner, announced that he will resign this month. Commissioner Ishimaru is currently serving his second term on the Commission that expires July 1, 2012. No reason was given for the resignation.
For more information: “Stuart J. Ishimaru to Resign from Commission,” EEOC Press Release, April 11, 2011. The link is: http://www.eeoc.gov/eeoc/newsroom/release/4-11-12.cfm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The EEOC’s final rule on Reasonable Factors Other Than Age Under ADEA was published in the Federal Register on March 30.
According to the EEOC, the final rule clarifies that ADEA prohibits policies and practices that have the effect of harming older individuals more than younger individuals, unless the employer can show the policy or practice is based on a reasonable factor other than age. The rule explains the meaning of the RFOA defense to employees, employers, and courts, and makes EEOC’s regulations consistent with Supreme Court case law, according to the EEOC.
For more information, including a link to a Q&A on the new rule: “EEOC Issues Final Rule on Reasonable Factors Other Than Age Under ADEA,” March 29, 2012. The link is at: http://www.eeoc.gov/eeoc/newsroom/release/3-29-12.cfm.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The EEOC issued two revised publications addressing veterans with disabilities and the Americans With Disabilities Act. (ADA). The publications are: The “Guide for Employers” that explains how protections for veterans with service-connected disabilities differ under the ADA and the Uniformed Services Employment and Reemployment Rights Act (USERRA), and how employers can prevent disability-based discrimination and provide reasonable accommodations. The second publication is the “Guide for Wounded Veterans” that answers questions that veterans with service-related disablities may have about the protections they are entitled to when they seek to return to their former jobs or look for civilian jobs. The publication also explains the kinds of accommodations that may be necessary to help veterans with disabilities obtain and successfully maintain employment.
For more information and a link to the publications: “EEOC Issues Revised Publications on Employment of Veterans With Disabilities,” 2/28/12.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The Department of Justice (DOJ) has announced a settlement with the Commonwealth of Massachusetts and the Massachusetts Department of Correction that if approved by the court would resolve allegations that they violated Title VII by discriminating against female applicants for entry-level correction officer and program officer positions. DOJ alleged in its lawsuit that their use of a physical abilities test to pre-screen and select applicants disproportionately excluded female applicants and was not job related and consistent with business necessity.
For more information: “Justice Department Settles Allegations of Employment Discrimination at the Massachusetts Department of Correction,” 2/10/12.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The U.S. Equal Employment Opportunity Commission voted 4-1 to approve its Strategic Plan for FY 2012-2016 at a public meeting Wednesday.
For more information: “EEOC Approves Strategic Plan for Fiscal Years 2012-2016,” 2/22/12.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The U.S. Equal Employment Opportunity Commission (EEOC) has posted an article on its website that begins: On November 17, 2011, the EEOC issued an informal discussion letter about how the ADA applies to qualifications for jobs. There has been significant commentary and conjecture about the meaning and scope of the letter.
The EEOC lists several questions and answers intended to clarify these issues.
For more information: “What You Should Know: Questions and Answers About the EEOC and High School Diploma Requirements.”
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The U.S. Department of Labor’s Wage and Hour Division and the State of California announced on February 9 a memorandum of understanding regarding the improper classification of employees as independent contractors.
For more information: “U.S. Labor Department, California Sign Agreement to Reduce Misclassification of Employees as Independent Contractors,” DOL News Release, 2/9/12.
This information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
