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Archive for February, 2012

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.

COMMONWEALTH OF MASSACHUSETTS SETTLES TESTING LAWSUIT WITH U.S. JUSTICE DEPARTMENT

February 26th, 2012 Patricia Schaeffer Comments off

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.

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. DEPARTMENT OF LABOR AND THE STATE OF CALIFORNIA ANNOUNCE MEMORANDUM OF UNDERSTANDING ON IMPROPER EMPLOYEE CLASSIFICATIONS

February 22nd, 2012 Patricia Schaeffer Comments off

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.

OFCCP DIRECTOR PATRICIA SHIU ISSUES NOTICE EXTENDING SECTION 503 NPRM COMMENT PERIOD

February 7th, 2012 Patricia Schaeffer Comments off

OFCCP Director Patricia Shiu signed a notice February 6 for a 14-day extension of the comment period for the proposed Section 503 regulation.  Comments on the proposed rule were previously required by February 7.

The notice states the comment period is being extended because OFCCP had “determined that the public could use additional time to review the potential impact of the proposed requirements.”

Previously on January 24, OFCCP sent letters to several organizations, including EEOIMPACT, denying their requests for an extension.

A copy of the extension notice (“503 NPRM Comment Period Extended to February 21st”) is available on OFCCP’s website under Latest Events and News at:  http://www.dol.gov/ofccp/.

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, OFCCP, Regulation