EEOC GINA and ADEA Updates The US Equal Employment Opportunity Commission (EEOC) intends to issue proposed Genetic Information NonDiscrimination Act (GINA) regulations in January 2009, according to its semiannual regulatory agenda, published in the Federal Register on November 24, 2008. (73
Employer may be held liable for contractor's age bias Under the ADEA, an employer is liable for discriminatory employment decisions made by an independent contractor on its behalf, the Second Circuit ruled, vacating a district court's grant of summary judgment
Mixed motive standard in non Title VII cases will soon be clarified by the High Court The US Supreme Court heard oral arguments March 31, 2009, in a case that will determine whether direct evidence of discrimination must be presented
Severing the employment relationship with the assurance that everyone will "shake hands and have a nice life" is becoming more difficult. Agreements that attempt to release employers from all claims arising from the employment relationship and that will withstand judicial scrutiny are proving to be elusive.
Legal requirements resulting from the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA) and the Equal Pay Act of 1963 (EPA) apply generally to businesses with a certain number of employees.
Many employers enter separation agreements with employees upon their separation from their jobs. So long as those agreements provide for payment of additional money or benefits in addition to what the employee is already entitled to receive beyond their termination, they should always contain waiver and release provisions.
Rights or claims under the anti-discrimination laws may be waived as long as any waiver is knowing and voluntary.
Under federal law, the answer is yes.
The following types of job-related information should be retained for the time periods indicated. The applicable federal laws are indicated in parenthesis.
The following types of payroll information should be retained for the time periods indicated. The applicable federal laws are indicated in parenthesis.
The following types of employee information should be retained for the time periods indicated. The applicable federal laws are indicated in parenthesis.
An employee, former employee, or prospective employee of the state who is aggrieved by any conduct or action or inaction of the state that would constitute a vi
Note: The sovereign immunity of the state is waived for the limited purpose of allowing state employees, except for those in exempt policymaking positions desi
Because of the various state and local laws, it is very important that managers and supervisors consult these laws to determine what additional age discriminati
The following Equal Employment Opportunity laws are applicable to private employers:
Termination of employees raises many legal issues. Largest among them is discrimination.