Tag Archive | Age Discrimination

WHD Expands FMLA Protections for Employees with Disabled Adult Children

On January 14, 2013, the Wage and Hour Division (WHD) of the Department of Labor published an interpretation on the definition of “son or daughter” as it applies to someone 18 years old or older and incapable of self-care because of a mental or physical disability. This means that an otherwise eligible employee will be […]

Requiring a High School Diploma Might Violate the ADA? It’s True.

Last month the Equal Employment Opportunity Commission (EEOC) posted an informal discussion letter on its website addressing the requirement of a high school diploma as it relates to jobs and job postings.  You might be wondering how requiring a high school diploma may violate a disability anti-discrimination statute such as the Americans with Disabilities Act (ADA).  A […]

The Defenseless Defense of Marriage Act!

Attorney General Eric Holder has issued a statement on February 23, 2010, advising that the Obama Administration no longer intends to defend challenges by legally married same-sex couples against the Defense of Marriage Act (“DOMA”).  The DOMA interprets “marriage” for purposes of federal law as being between one man and one woman. The Administration contends that the DOMA […]

EEOC Turning Up the Heat on Credit Checks for Applicants!

The Equal Employment Opportunity Commission (EEOC) is turning up the heat on the use of credit histories in the hiring process.  The EEOC’s primary concern is that minority groups typically have poorer credit, and therefore the practice has a disparate impact on those groups. There is also a question of whether credit histories have any real […]

Florida’s New Governor and His Initial Executive Orders!

On January 4, 2011, Florida Governor Rick Scott kicked off his term by signing a series of Executive Orders directly impacting state contractors and Florida’s business regulatory system.  First, Executive Order 11-02, requires all agencies under the direction of the Governor to use the federal E-Verify system to verify the employment eligibility of their current and prospective […]

Legislation Seeks to Overturn Supreme Court Decision on Burden-shifting in ADEA Disparate Treatment Claims

On October 6, Senator Tom Harkin (D-Iowa), Senator Patrick Leahy (D-Vt) and Representative George Miller (D-Cal), introduced the Protecting Older Workers Against Discrimination Act (“POWADA”)(S. 1756/H.R. 3721).  POWADA purports to restore civil rights protections for older workers in the face of the US Supreme Court’s holding in Gross v FBL Fin Servs, Inc.  In Gross, […]

EEOC Concern for Age Bias or Public Bashing of USSC?

Age related discrimination claims were up 29% last year.  And the EEOC decided it should do something about it.  On July 7th, I posted a note about the EEOC calling a public meeting to discuss age discrimination publicly with a panel of experts.  As I suspected, it appears the public meeting in reality constituted a […]