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

Thursday, March 31, 2011

EEOC's Regulations for ADA Amendments Act

WASHINGTON, DC--
EEOC's formal publication of regulations implementing ADA Amendments Act have been published in the Federal Register, and are available here:
HTML: http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/html/2011-6056.htm

PDF: http://www.gpo.gov/fdsys/pkg/FR-2011-03-25/pdf/2011-6056.pdf  (40 pages)

EEOC also released several guidance documents when they announced the regulations yesterday and the text was made available on the Public Inspection Desk of the Federal Register.

PRESS RELEASE

March 24, 2011
EEOC Announces Final Bipartisan Regulations for the ADA Amendments Act Regulations Implement Congressional Intent to Simplify Definition of Disability

WASHINGTON - The U.S. Equal Employment Opportunity Commission's (EEOC) final regulations to implement the ADA Amendments Act (ADAAA) are now available for public view on the Federal Register website at www.ofr.gov. The regulations will be published Friday. Like the law they implement, the regulations are designed to simplify the determination of who has a "disability" and make it easier for people to establish that they are protected by the Americans with Disabilities Act (ADA).
"The ADAAA is a very important civil rights law," said EEOC Chair Jacqueline A. Berrien. "The regulations developed by the Commission to implement the ADAAA clarify the requirements of the law for all stakeholders, which is one of the Commission's most important responsibilities.
"Based on the hard work we did at the Commission over the past months, I am confident that these regulations will work well for both people with disabilities and employers," said Commissioner Chai Feldblum, who joined the EEOC in April, 2010. "It was our job as an agency to carry out the intent of this landmark law and I believe we have done so successfully." Feldblum was one of the lead negotiators on the original ADA as well as on the Amendments Act.

"Just as the ADAAA was the result of a considerable bipartisan effort by Congress, the final rule represents a concerted effort of EEOC Commissioners representing both parties to arrive at regulations that hold true to that bipartisan Congressional intent," said Commissioner Constance S. Barker. "I was pleased to have been able to vote in favor of the final rule."

The ADAAA went into effect on Jan. 1, 2009. In the ADAAA, Congress directed the EEOC to revise its regulations to conform to changes made by the Act, and expressly authorized the EEOC to do so. The EEOC issued a Notice of Proposed Rulemaking seeking comment on proposed implementing regulations on September 23, 2009, and received well over 600 public comments in response. The final regulations reflect the feedback the EEOC received from a broad spectrum of stakeholders.

The ADAAA overturned several Supreme Court decisions that Congress believed had interpreted the definition of "disability" too narrowly, resulting in a denial of protection for many individuals with impairments such as cancer, diabetes or epilepsy. The ADAAA states that the definition of disability should be interpreted in favor of broad coverage of individuals. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The ADAAA and the final regulations keep the ADA's definition of the term "disability" as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. But the law made significant changes in how those terms are interpreted, and the regulations implement those changes.

Based on the statutory requirements, the regulations set forth a list of principles to guide the determination of whether a person has a disability. For example, the principles provide that an impairment need not prevent or severely or significantly restrict performance of a major life activity to be considered a disability. Additionally, whether an impairment is a disability should be construed broadly, to the maximum extent allowable under the law. The principles also provide that, with one exception (ordinary eyeglasses or contact lenses), "mitigating measures," such as medication and assistive devices like hearing aids, must not be considered when determining whether someone has a disability. Furthermore, impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would be substantially limiting when active.
The regulations clarify that the term "major life activities" includes "major bodily functions," such as functions of the immune system, normal cell growth, and brain, neurological, and endocrine functions. The regulations also make clear that, as under the old ADA, not every impairment will constitute a disability. The regulations include examples of impairments that should easily be concluded to be disabilities, such as HIV infection, diabetes, epilepsy, and bipolar disorder.
Following the dictates of the ADAAA, the regulations also make it easier for individuals to establish coverage under the "regarded as" part of the definition of "disability." Establishing such coverage used to pose significant hurdles, but under the new law, the focus is on how the person was treated rather than on what an employer believes about the nature of the person's impairment.

The Commission has released two Question-and-Answer documents about the regulations to aid the public and employers - including small business - in understanding the law and new regulations. The ADAAA regulations, accompanying Question and Answer documents and a fact sheet are available on the EEOC website at www.eeoc.gov/. The EEOC enforces the nation's laws prohibiting employment discrimination. More information is available at www.eeoc.gov.





Monday, January 3, 2011

United Airlines Settles EEOC Disability Discrimination Suit

Federal Agency Obtains Policy Changes and $600,000 for Reservation Agents With Disabilities

SEATTLE — United Airlines has agreed to settle a federal lawsuit alleging that the company violated the Americans With Disabilities Act (ADA) when it refused to allow employees with disabilities to work reduced hourly schedules as a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

In addition to paying $600,000 to a group of reservation agents with disabilities, United will end its blanket policy against reduced hourly schedules and provide training to staffers who administer United’s reasonable accommodation process, according to the terms of a three-year consent decree approved by the court (EEOC v. United Airlines, C-06-01407 TSZ).

Prior to 2003, United had permitted reservations sales and service representatives to work reduced hourly schedules as an accommodation for employees’ various disabilities, including multiple sclerosis, DeQuervain’s tendonitis and carpal tunnel, and myasthenia gravis (a muscle condition). By suddenly abolishing its long-standing practice and policy of providing reduced hourly schedules, United required all reservation sales and service representatives who could not work their full bid schedules to either retire or go out on extended leave, and then terminated them when their leave ran out. These policies and practices violate the ADA, the EEOC said.

One worker who had worked for United for 25 years and had worked a reduced-hour schedule for 23 years prior to the policy change, said, “Contributing 25 years of work, in a way compatible with my health, was positive for me, for United and for society. A sweeping policy that disregards individual circumstances doesn’t give someone like me a chance to do my job. I took my case to the EEOC, and I'm glad to know that United is going to stop its blanket policy on work hours.”

The ADA protects individuals with disabilities from employment discrimination and requires employers to make reasonable accommodations to employees and applicants with disabilities, unless the accommodation would create an undue hardship. After a neutral investigation conducted by the EEOC’s Honolulu and Seattle offices and after first attempting to reach a voluntary settlement through conciliation, the EEOC filed the lawsuit in U.S. District Court for the Western District of Washington.

EEOC San Francisco Regional Attorney William R. Tamayo said, “United conceived of this policy as a cost-cutting measure -- a means of tightening the belt. However, this action did not lessen any monetary strain for the company or boost the department’s performance. Thinking creatively and flexibly to retain skilled and experienced workers would be a better survival strategy for companies than stereotyping workers with disabilities as expensive and expendable.”

EEOC San Francisco District Director Michael Baldonado noted, “Decisions regarding reasonable accommodations for a disability must be made on a case-by-case basis. A blanket policy that takes options off the table by setting minimum work hours not only violates the ADA, but it also may have a negative impact on the company’s morale, productivity and bottom line.”

According to www.united.com, United Airlines (NASDAQ: UAUA) is one of the largest international carriers based in the United States, with 52,000 employees worldwide and operating nearly 3,000 flights a day to more than 200 domestic and international destinations from its hubs in Los Angeles, San Francisco, Denver, Chicago and Washington, D.C.

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

Cheryl Bates-Harris

NDRN

900 2nd Street NE, suite 211

Washington, DC 20002

202-408-9514 x 117

Fax 202-408-9520

Cheryl.Bates-Harris@ndrn.org

__._,_.___

Tuesday, August 31, 2010

New EEOC Lawsuits

FROM THE NRCA CAPITOL INSIDER-
The Equal Employment Opportunity Commission (EEOC) filed two employment discrimination lawsuits under title I of the Americans with Disabilities Act (ADA) in the US District Court for the Southern District of Texas in Houston
. In the first lawsuit against ENGlobal Engineering, Inc., an energy engineering and professional services company, EEOC alleged the company fired an individual because it regarded him as having a disability. The employer insisted that the employee take a medical leave of absence when he began experiencing symptoms of multiple sclerosis even though he could still work. When the person returned to work with a doctor's clearance, ENGlobal falsely told him his position was no longer available. Three weeks later, the company hired someone else.

In the second employment discrimination lawsuit, EEOC alleged that DynMcDermott Petroleum Operations Company refused to hire someone who had previously worked for the company because his wife had cancer which the company felt would interfere with his ability to do his job. The company later hired someone with no experience for the position. Discrimination based on association with a person who has a disability is prohibited under title I of the ADA.
See EEOC's press release at:

http://www.eeoc.gov/eeoc/newsroom/release/8-26-10.cfm

Monday, October 5, 2009

ADAAA Public Comments Open Now

On September 23, 2009 the Equal Employment Opportunity Commission (EEOC) released draft regulations to implement the employment provisions of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). There will be a 60-day public comment period before the regulations become final. DCP will review the regulations and, if necessary, make comments. The draft regulations can be found at: http://edocket.access.gpo.gov/2009/pdf/E9-22840.pdf

Thursday, September 24, 2009

JAN Announces Winter Webcast Series

The Job Accommodation Network is providing three 1.5 hour
Webcast sessions to begin the firstweek of December 2009

The three part series will cover the hiring and employment of people with disabilities in the Federal government and thereasonable accommodation process. JAN welcomes guest speakers from theEqual Employment Opportunity Commission, the Office of PersonnelManagement, DoD's Computer/Electronic Accommodations Program, and the USDA TARGET Center.

Audience members will include federal disabilityprogram managers, hiring managers, supervisors, EEO representatives,selective placement coordinators, and others who may be involved inhiring and managing workers in the Federal government.

Registration is open at: http://www.jan.wvu.edu/webcast/RegisterFed/