Lexology.com
Proskauer Rose llp
Lawrence R Sandak, Marvin M Goldstein, John P Barry, Steven Yarusinsky and Daniel L. Saperstein
USA
August 9 2011
On August 2, 2011, the U.S. Senate proposed S. 1471 to complement the recently proposed bill in the U.S. House of Representatives, H.R. 2501 (collectively, “the proposed Acts”). Otherwise known as the Fair Employment Opportunity Act of 2011, the proposed Acts are nearly identical in providing expansive rights and broad protections to the unemployed, including whistleblower/retaliation provisions and generous remedies. To understand the full scope of these expansive rights and protections, this alert discusses who is subject to and affected by the proposed Acts, as well as the unlawful practices, enforcement mechanisms and remedial schemes detailed therein.
Coverage
The coverage of the proposed Acts is quite expansive, as covered employers are defined as anyone engaging in commerce (or any industry or activity affecting commerce) with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
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