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Archive for the ‘Discrimination’ Category

U.S. DEPARTMENT OF LABOR OFFICE OF DISABILITY EMPLOYMENT POLICY ANNOUNCES ALLIANCE AGREEMENT WITH NATIONAL INDUSTRY LIAISON GROUP

April 27th, 2012 Patricia Schaeffer Comments off

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.

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ISSUES PUBLICATIONS ON VETERANS WITH DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT

February 29th, 2012 Patricia Schaeffer Comments off

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.

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION REPORTS RECORD BIAS CHARGES FILED; $455.6 MILLION RECOVERED

January 25th, 2012 Patricia Schaeffer Comments off

The U.S. Equal Employment Opportunity Commission announced Tuesday that it received a record 99,947 employment discrimination charges and obtained $455.6 million in FY 2011. Once again, charges alleging retaliation under all statutes enforced by EEOC were the most numerous (37.4 percent). Race charges at 35.4 percent followed, a decline from the previous year. The three other most frequently-cited discrimination allegations were based on sex (28,534 charges); disability (25,742 charges); and age (23,465 charges).

For more information: Private Sector Bias Charges Hit All-Time High,” 1/24/12.

Categories: Discrimination, EEOC

OFCCP SCHEDULES WEBINARS TO REVIEW PROPOSED SECTION 503 REGULATIONS

December 17th, 2011 Patricia Schaeffer Comments off

The OFCCP has announced that it will hold two webinars to review its recently proposed Section 503 regulation.

The webinars are scheduled for December 20 and December 21 at 2:00pm Eastern.

The OFCCP has announced that during the presentation Policy Branch Chief Naomi Levin will review the highlights of the NPRM and tell how the public can provide comments on the proposed rule.

According to OFCCP, Ms. Levin joined the Department of Labor in May of 2008, after more than 20 years as a Senior Attorney at EEOC.  Her accomplishments at EEOC include co-authoring the Commission’s original ADA regulations, conducting numerous ADA and Rehabilitation Act trainings around the country, and serving as a Special Assistant and advisor to two EEOC Commissioners.

Registration information is available at https://www1.gotomeeting.com/register/363191569 and https://www1.gotomeeting.com/register/538846432.

OFCCP POSTS NEW FAQS REGARDING PROPOSED RULE ON SECTION 503

December 14th, 2011 Patricia Schaeffer Comments off

The OFCCP has posted an FAQ on its recently proposed rule regarding Section 503.

Much of the recent discussion in the federal contractor community regarding the proposed rule has centered on the “utilization goal.”  Here is what OFCCP says about the utilization goal in its FAQ:

“The NPRM proposes to establish a national utilization goal of 7 percent for the employment of individuals with disabilities in each job group of the contractor’s workforce. OFCCP invites public comment on this proposed goal, and on the potential use of a utilization range of between 4 percent and 10 percent in lieu of a single national utilization goal.

To annually evaluate their utilization of individuals with disabilities, the NPRM proposes that contractors use the job groups established for utilization analyses under Executive Order (E.O. 11246). The proposed goal is derived primarily from disability data collected as part of the Census Bureau’s American Community Survey (ACS). (Visit http://www.census.gov/acs/www/ for additional information about the ACS.)

The goal is neither a quota nor a hiring ceiling, and a failure to attain the goal does not constitute a violation of Section 503 or OFCCP’s regulations. Rather, the goal will provide both contractors and OFCCP with a quantifiable measure for assessing success in recruiting and employing individuals with disabilities. It is a tool to help identify any remaining barriers to equal employment.”

The complete FAQ is available here.

Also reference:  “OFCCP Publishes Proposal to Improve Job Opportunities for Individuals with Disabilities” OFCCP website.

EEOC DISCUSSION LETTER ON ISSUES RELATED TO ADOPTING A HIGH SCHOOL DIPLOMA JOB REQUIREMENT

December 12th, 2011 Patricia Schaeffer Comments off

The Equal Employment Opportunity Commission (EEOC) recently posted an “informal discussion letter” on its website that responded to a question about the Americans with Disabilities Act, as amended, and issues related to requiring students with learning disabilities to take “Gateway tests” or “end-of-course assessments” in order to receive their full high school diplomas.

The EEOC’s discussion letter, which is not considered an official EEOC opinion, offered advice for employers that adopt a high school diploma requirement for a job.  A link to the full discussion letter is here.

This information is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your own situation.

NEW HOUSE BILL WOULD PREVENT EMPLOYER DISCRIMINATION AGAINST THE UNEMPLOYED

July 14th, 2011 Patricia Schaeffer Comments off

Reps. Hank Johnson (D-GA) and Rosa DeLauro (D-CT) introduced a bill (The Fair Employment Opportunity Act) July 12 that would prohibit employers and employment agencies from discriminating against unemployed job-seekers by refusing to consider them for employment. The bill would also prohibit employers from including language in any job advertisements or postings that states unemployed individuals are not qualified. Reps. Johnson, DeLauro Right to Ensure Fair Employment Opportunities,” Press Release, 7/12/11.

EXPERTS AT EEOC MEETING SAY DISPARATE TREATMENT STILL A NATIONAL PROBLEM

July 3rd, 2011 Patricia Schaeffer Comments off

Experts testifying at an EEOC public meeting June 22 said deliberate discrimination against job seekers remains a major national problem.  EEOC General Counsel P. David Lopez said that “discriminatory hiring practices such as conformity to discriminatory customer preferences, employing prohibited stereotypes about jobs, and targeted recruitment procedures aimed at only attracting certain racial or national origin group member applicants, continue to exist.”  “Disparate Treatment in Hiring Remains Major Problem, Experts Tell EEOC,” EEOC Press Release, 6/22/11.  A link to the written witness statements from the EEOC meeting is here.

Categories: Discrimination, EEOC

EEOC SCHEDULES PUBLIC MEETING ON DISPARATE TREATMENT FOR JUNE 22 IN WASHINGTON DC

June 16th, 2011 Patricia Schaeffer Comments off

The EEOC has announced a public meeting scheduled for Wednesday, June 22, 2011 at 9:30 am Eastern in Washington DC. The commission will be discussing “Disparate Treatment in 21st Century Hiring Decisions.”

A link to the Federal Register notice is here.

Categories: Discrimination, EEOC, Staffing

EEOC PROPOSES RULE TO EXTEND EXISTING RECORDKEEPING REQUIREMENTS TO GINA

June 10th, 2011 Patricia Schaeffer Comments off

The EEOC published a notice of proposed rulemaking to extend its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act to entities covered by Title II of the Genetic Information NonDiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information. Comments must be received by August 1, 2011. A link to the proposed rule is here.