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Archive for the ‘EEOC’ Category

EEOC Announces the Repeal of Local EEO Ordinance Will Not Affect Employment Discrimination Filings With EEOC

October 2nd, 2012 Patricia Schaeffer Comments off

The Equal Employment Opportunity Commission posted an announcement dated September 27, 2012 on its website that states it has implemented a new plan to accept and investigate claims of employment discrimination brought in Lee County, Florida.  The announcement comes after the Lee County Board of County Commissioners repealed its local EEO ordinance.  More information and a link to EEOC’s announcement is here.

Categories: EEOC

EEOC ISSUES ENFORCEMENT GUIDANCE ON EMPLOYER USE OF ARREST AND CONVICTION RECORDS

April 27th, 2012 Patricia Schaeffer Comments off

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.

EEOC COMMISSIONER STUART ISHIMARU WILL RESIGN

April 27th, 2012 Patricia Schaeffer Comments off

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.

Categories: EEOC

EEOC ISSUES FINAL RULE ON REASONABLE FACTORS OTHER THAN AGE UNDER ADEA

April 27th, 2012 Patricia Schaeffer Comments off

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.

Categories: Age Discrimination, EEOC

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 APPROVES ITS STRATEGIC PLAN FOR FY 2012-2016

February 26th, 2012 Patricia Schaeffer Comments off

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.

Categories: EEOC

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ISSUES Q&A ON ADA AND HIGH SCHOOL DIPLOMA REQUIREMENT

February 22nd, 2012 Patricia Schaeffer Comments off

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.

Categories: Disability, EEOC

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

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMISSION SEEKS PUBLIC INPUT ON ITS STRATEGIC PLAN

January 19th, 2012 Patricia Schaeffer Comments off

The EEOC has released for public comment a draft of its Strategic Plan for FY 2012-2016. Comments are due by February 1.

The EEOC’s Strategic Plan serves as a framework for the EEOC in achieving its mission by focusing on strategic law enforcement, education, and outreach, and efficiently serving the public.

For more information and a link to the draft plan: EEOC Seeks Input on FY 2012-2016 Strategic Plan,” 1/18/12.

Categories: EEOC

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.