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Two Commissioners of the Equal Employment Opportunity Commission (EEOC) will go on a cross-country tour in September to explain and discuss the landmark Americans with Disabilities Act Amendments Act (ADAAA). The series of training seminars is aimed at employment law practitioners, human resource and equal employment opportunity/diversity specialists, and managers dealing with issues of reasona...
The Genetic Information Nondiscrimination Act (GINA) prohibits the gathering of genetic information from employees or new hires unless such information is deemed "job-related and consistent with business necessity." Another exception pertains to voluntary wellness programs, with the stipulation that the information obtained is kept confidential and not used in a manner that viol...
In a recent informal discussion letter, the Equal Employment Opportunity Commission (EEOC) suggested that employers who maintain both personal health information (PHI) and occupational health information in a single employee file are probably violating the privacy provisions of both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
Both acts sev...
On Tuesday, July 26, 2011, the Americans with Disabilities Act (ADA) celebrates its 21st anniversary, having been signed into law on this same day in 1990 by President George H.W. Bush.
Ironically, after erosion of some categories of protection in the landmark legislation, President George W. Bush, the former president's son, signed into law the ADA Amendments Act (ADAAA) in 2008, giving th...
In June the Equal Employment Opportunity Commission (EEOC) held hearings on leave as a reasonable accommodation for employees with disabilities, warning that inflexible company policies would incur EEOC legal wrath, and today that warning turned into reality as Verizon was forced to accept a $20-million settlement of a lawsuit over its hard-core absence policy.
The consent decree settling the s...
Both the Americans With Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1974 contain privacy protection for employees and their company-retained medical records, but a narrow exception in these acts allows for the release of such information if requested by a court order.
However, the Equal Employment Opportunity Commission (EEOC) in a recent case has further narrowed that exemptio...
The Office of Management and Budget (OMB) reportedly has approved the Equal Employment Opportunity Commission (EEOC) proposed final regulations for the ADA Amendments Act (ADAAA). The EEOC, if this is the case, is free to publish the final regulations in the Federal Register and begin enforcing their provisions after a stated period of time.
The ADAAA was written, passed and signed into law to ...
The U.S. Department of Justice's amended Final Rule concerning the Americans With Disabilities Act (ADA) takes effect tomorrow, March 15, 2011, replacing the 1991 act's Standards for Accessible Design with a more vigorous 2010 set of standards.
The 2010 Standards for Accessible Design provide new specifications for a wide range of architectural access features, including public stairwel...
Congress has passed and the president signed legislation expanding on the rights of disabled persons to use, access and enjoy the benefits of modern technology on computers, smartphones, televisions and other communication devices.
"The 21st Century Communications and Video Accessibility Act will make it easier for people who are deaf, blind or live with a visual impairment to do what many...
In wake of the enactment of the Americans With Disabilities Amendments Act (ADAAA), with its broader and more vigorous definition of what constitutes a disability, the courts are now rendering decisions that reverse and/or contradict earlier decisions rendered pre-ADAAA.
Case in point:
In one of the first decisions to interpret the new Americans with Disabilities Act Amendments Act (ADAAA), the...
Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.
U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules
On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...
NLRB General Counsel Takes Action to Tackle Current Case Backlog
On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...
Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data
Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...
DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws
In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...
DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know
The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.