Yesterday, the EEOC released its Final Rule implementing the American with Disabilities Act Amendments Act, which we discussed back in September 2008 and which was signed by President George W. Bush on September 25, 2008. The Final Rule, which runs 202 pages long, includes many revisions. But the most significant revisions as discussed in the EEOC’s Fact Sheet are:
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FTC’s Interim Report to Congress on National Study of Credit Report Accuracy Warrants Pause Before Doing Credit History Checks on Employment Candidates
By Brian Hall on
There has been a lot of discussion lately about the EEOC’s decision to sue Kaplan Higher Education Corporation on the grounds that its policy of using credit histories as part of its applicant screening process had a discriminatory impact on minorities. Also, as noted at the end of last year in the Delaware Employment Law Blog…
EEOC Charges Rise Significantly in 2010
By John Stephen on
According to statistics released by the Equal Employment Opportunity Commission (“EEOC”) earlier this week, the Agency received over 7% more charges in 2010 than it did the previous year—99,922 as compared to 93,277. Indeed, the number of charges filed were up in every category. The FY 2010 enforcement and litigation statistics, which include trend data, are available…
EEOC Public Meeting Addresses Use of Credit History As Screening Tool
By Brian Hall on
Last Wednesday, the EEOC held a public meeting at which it took testimony to address the perceived ills associated with the use of applicant credit histories in making hiring or other employment decisions. With unemployment at such high levels across the country, employer credit checks have come under greater scrutiny. Back in August, Illinois enacted the Employee…
EEOC Releases Proposed Rule Affecting RFOA Defense
By Brian Hall on
In response to two U.S. Supreme Court decisions, the U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment a proposed rule construing the “reasonable factor other than age” (RFOA) defense under the Age Discrimination in Employment Act (ADEA).
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EEOC Report On Charge Statistics Provides Lessons For Employers
By Brian Hall on
Yesterday, the EEOC released its charge statistics report for its 2009 fiscal year, which ended on September 30, 2009. Not surprisingly, during an economically difficult period, the statistics show a near record number of charges filed — 93,277 — which is second only to the 2008 fiscal year when 95,402 charges were filed.
As usual, sex…
EEOC Issues Technical Guidance on ADA-Compliant Employer Preparedness for the H1N1 Flu Virus
By Brian Hall on
We have been receiving more and more questions from human resources professionals asking how the ADA might impact their preparation for a potential pandemic flu. Now the EEOC has issued technical guidance on the topic, focused primarily on employers’ rights to make medical inquiries and require medical examinations of applicants and employees. With respect to applicants, the…
United States Supreme Court Holds That Collective Bargaining Agreements May Require Union Members to Arbitrate Discrimination Claims
By Porter Wright on
On April 1, 2009, in a 5-4 decision, the United States Supreme Court clarified an issue of confusion among lower courts when it held that “a collective-bargaining agreement that clearly and unmistakably requires a union member to arbitrate ADEA claims is enforceable as a matter of federal law.”…
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EEOC Experiences Sharp Rise In Discrimination Charges: How to Lessen Your Risk of Being Part of This Trend
By Porter Wright on
In a press release issued yesterday, the Equal Employment Opportunity Commission (EEOC) reports that, in its fiscal year 2008 there was a 15 percent increase in the number of employment discrimination charges filed against employers. This steep increase was no doubt fueled, in part, by job losses in the beginning stages of the economic recession. The continued down-turn of the economy in the last quarter of 2008 and early months of 2009 makes it almost certain that the number of discrimination charges will continue to increase.
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EEOC Issues Proposed Rules to Implement Title II of GINA
By Porter Wright on
On March 2, 2009, the Equal Employment Opportunity Commission (EEOC) issued proposed rules to implement Title II of the Genetic Information Nondiscrimination Act (GINA).
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