A record-breaking number of claims were filed with the Equal Employment Opportunity Commission in 2010, up 7.2 percent from 2009.
The EEOC attributes the uptick to simpler filing processes and increased legal authority regarding the Americans with Disabilities Amendment Act, the Genetic Information Nondiscrimination Act and the Lilly Ledbetter Fair Pay Act. Also, layoffs by employers make filing claims more appealing to those who are unemployed and facing an uphill battle to find jobs in the current economy.
During today’s economic times, an ounce of prevention is definitely worth a pound of cure during these economic times.
Here’s a quick look at some law changes that affect employers.
Lilly Ledbetter Fair Pay Act
The Ledbetter Act amends Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Rehabilitation Act, so it applies to race, color, religion, sex, national origin, disability and age discrimination.
Now, a charge of employment pay discrimination based upon any of those laws may be filed within 300 days of each paycheck that is paid due to a discriminatory reason. The charge-filing period runs from when a discriminatory decision concerning pay is first made. If, however, that decision occurs years before an employee or retiree learns of it, the individual has 300 days to file a charge, leaving employers to defend actions and choices made years or decades ago.
Employers should evaluate all compensation-related policies, procedures and programs. They also should perform self-audits of all job classifications to decide if any discriminatory pay differentials exist. If they do, companies should either document the rationales or correct the errors. It also is essential to be vigilant in recording the justification for all pay and promotion decisions.
The Genetic Information Nondiscrimination Act
Also called GINA, this act forbids obtaining genetic information before enrollment in health plans and discriminating based upon genetic information. Equal employment opportunity statements and nondiscrimination policies must now include the phrase “genetic information.” A new poster is required for display. Genetic information must be treated as protected health information under the Health Insurance Portability and Accountability Act, so be sure to review and update HIPAA privacy policies. Maintain genetic information in files separate from personnel files.
Americans with Disabilities Act Amendments Act
The ADAAA amends the Americans with Disabilities Act of 1990, Title I. The ADA forbids discrimination against a qualified individual with a physical or mental impairment that substantially limits one or more major life activities. The amendment act in 2008 broadened the definition of disability, allowing more employees to meet the classification. One key for employer compliance with the ADAAA is the interactive process with disabled workers, discussing the effective and reasonable accommodations that will enable them to perform essential job duties.
The second key is whether the company actually provided effective and reasonable accommodations. The EEOC reviews company decisions regarding disabled workers on a case-by-case basis.
Employers should review their practices in light of these changes and make sure they’re following all laws accordingly.
Lynne Haggerman, M.S., is president/owner of Lynne Haggerman & Associates LLC, a Springfield firm specializing in management training, retained search, outplacement and human resource consulting. She can be reached at lynne@lynnehaggerman.com.[[In-content Ad]]
