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On January 24, 2011, the Supreme Court of the United States handed down a decision that will, no doubt, reshape the world of employee retaliation claims. In Thompson v. North American Stainless, LP, Plaintiff Eric Thompson and his fiance worked for the same company. After his fiance filed filed a charge of gender discrimination with the Equal Employment […]
On January 18, 2011, President Obama signed an Executive Order that outlined his regulatory strategy “to support continued economic growth and job creation, while protecting the safety, health and rights of all Americans.” The Executive Order on Improving Regulation and Regulatory Review can be found here. As a way to immediately implement this strategy, two […]
The Genetic Information Nondiscrimination Act (GINA) required the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title II of the Act, which it did on November 9, 2010. The EEOC has now created the following website http://www.eeoc.gov/laws/regulations/gina_qanda_smallbus.cfm to provide small businesses with practical information about the most important requirements of Title II of GINA […]
In November 2010, the EEOC issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA). GINA prohibits the use of genetic information in decision making about health insurance and employment and restricts employers from acquiring and disclosing genetic information. The regulations provided model language for employers to use when […]
In a news release on 12/21/2010, the U.S. Department of Labor’s Wage and Hour Division requested public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act requiring employers provide reasonable break time and a private space for expressing breast milk while at work to nursing mothers. The Break Time […]
Employers would be interested to review the USDOL’s regulatory agenda published in Spring 2010. In particular, employers should note the USDOL’s emphasis on proactive measures that the department would like to require employers to take before the USDOL investigator arrives. Indeed, the USDOL’s agenda marks the end of any regulatory tolerance for what the government […]
Earlier this month, the USDOL unveiled the latest development in its e-laws advisor programs: an online resource entitled “Disability Nondiscrimination Law Advisor.” The website and related links continue the USDOL’s effort to educate employers and employees about the amendments to the ADA, as well as its fundamental applications. The website requires the viewer to answer […]
Earlier this month, the EEOC announced that Walmart Stores will pay $11.7 million in back wages and compensatory damages, up to $250,000 in administration fees and will furnish other relief, including jobs, to settle a sex discrimination lawsuit filed by the EEOC. According to the EEOC’s lawsuit, Walmart’s London, Ky., Distribution Center denied jobs to female applicants […]
As many observers noted, the EEOC’s Performance Results for the FY 2009 Performance and Accountability Report (PAR) were released toward the end of last year. The PAR is based on the EEOC’s current modified Strategic Plan for FY 2007 through FY 2010 which was approved by the Commission in 2008. The current strategic plan contained […]
Earlier this month, the EEOC announced that the agency had secured its largest Americans with Disabilities Act (ADA) settlement in history. The case against Sears Roebuck & Co was brought in the Northern District of Illinois in 2004 and just this month resulted in a court approved settlement. In the lawsuit, the EEOC claimed that Sears implemented […]
