Stinson Morrison Hecker LLP
Mary (Mindy) McPheeters USA June 4 2010
New Laws, Regulations and Agency Guidance
ADEA. . .Jacqueline Berrien, Chair of the Equal Employment Opportunity Commission (EEOC), provided testimony before Congress in support of the Protecting Older Workers Against Discrimination Act, Senate Bill 1765. The proposed Bill would, according to Berrien, "restore and bolster the basic protections that applied to ADEA claims" before the U.S. Supreme Court's decision in Gross v. FBL Financial Services. The decision in Gross imposed a "but for" standard requiring an employee to prove that age was the cause of the adverse employment action. Senate Bill 1765 would reverse that decision and restore the potential of a mixed motive claim under the ADEA…Also on the ADEA front, the EEOC continues to face criticism for its proposed rule concerning Reasonable Factors Other Than Age issued February 18, 2010. The Society for Human Resources Management called for the EEOC to withdraw its proposed rule stating that the rule results in "less practical guidance" than exists under the current legal scheme and "is unsupportable in law and infeasible in practice." Comments on the proposed rule were taken through April 19, 2010, and will now be considered by the EEOC before the final rule is published.
DOL. . .Labor Secretary Soliscalled upon employers to take efforts to employ youth this summer...