Showing posts with label EEOC regulations. Show all posts
Showing posts with label EEOC regulations. Show all posts

Tuesday, April 10, 2012

What constitutes “reasonable factors other than age”? The EEOC’s final regulation raises the bar for employers to establish defense to ADEA claims

Lexology
Constangy Brooks & Smith LLP
Jill Cox
USA
April 2 2012
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Tuesday, February 14, 2012

EEOC Unanimously Approves Final Rule Revising Federal Sector Complaint Processing Regulations

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
2-9-12

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) on Feb. 1 voted unanimously to approve changes to the regulations that govern the Federal EEOC process. With the bipartisan vote, the Commission submitted to the White House Office of Management and Budget (OMB) and all other Federal agencies its “Final Rule Revising its Federal Sector Complaint Processing Regulations”. This final rule is part of an ongoing review by the Commission of the federal sector EEO process in which the Commission is examining recommendations regarding the investigative function and other internal reviews of the Commission’s role in the EEO process.

The submission of the final rule to OMB and the other agencies represents another stage in the regulatory process. The inter-agency comment and coordination process with all agencies other than OMB ends on February 29, 2012. After OMB approval (usually 90 days after submission), the Commission will consider changes, if any, requested by OMB and the other agencies. Subsequently, the approved rule will be published in the Federal Register and on www.eeoc.gov. The final rule cannot be made public before that time.

The EEOC adjudicates discrimination complaints and monitors federal agency compliance with EEO laws and procedures. The Commission assesses the effect of agencies’ compliance with requirements to maintain continuing affirmative employment programs to promote EEO and to identify and eliminate barriers to equality of opportunity. The EEOC also provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. The Commission assures federal agency and department compliance with EEOC federal sector regulations, provides technical assistance to federal agencies concerning EEO complaint adjudication, monitors and evaluates federal agencies' affirmative employment programs, and develops and distributes federal sector educational materials and conducts training for stakeholders.

Unlike its responsibilities in the private sector, the Commission does not process complaints of discrimination for federal employees. In the federal sector, individuals file complaints with their own federal agencies and those agencies are required to conduct an appropriate investigation of the claims raised in the complaints. Complainants can then request a hearing before an EEOC administrative judge (AJ) or file an appeal with EEOC’s Office of Federal Operations.

The Commission first published the Notice of Proposed Rulemaking (NPRM) on Dec. 21, 2009 for a 60-day notice and comment period. The Commission carefully considered all of the 35 public comments it received and made several changes to the NPRM in response to the comments.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/2-9-12.cfm

Tuesday, April 19, 2011

EEOC’s recently published final rule implementing ADA Amendments Act of 2008 takes effect on May 24

Lexology.com
Venable LLP
Lesley Pate Marlin and Robert G. Ames
USA
April 7 2011

The Equal Employment Opportunity Commission (“EEOC”) recently published its final rule revising the existing Americans with Disabilities Act (“ADA”) regulations and interpretive guidance in light of the ADA Amendments Act of 2008 (“ADAAA”). The new regulations take effect on May 24, 2011.
The ADAAA significantly changed the legal landscape under the ADA by overturning a series of court decisions narrowly interpreting the definition of a disability. Its effect has been to expand the reach of the ADA, making it easier for individuals to establish the existence of a covered disability.
As directed by Congress, the EEOC undertook the regulation revision, publishing a Notice of Proposed Rulemaking (“NPRM”) in September 2009. We previously summarized those proposed regulations in a labor and employment news e-lert, which can be accessed here.

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