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Friday, May 31, 2013

EEO Roundup: EEOC Nomination, House Testimony

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The Equal Employment Opportunity Commission has had a busy few weeks, with action in Washington, D.C. and an important case filed out of the New York field office.

First, EEOC Chair Jacqueline Berrien May 22 testified before a House labor subcommittee, giving an update on the agency's recent activities and accomplishments. Berrien fielded questions regarding the commission's continued delegation of litigation authority to the agency's general counsel, the impact sequestration will have on EEOC, and the commission's updated enforcement guidance on employers' use of arrest and conviction records.

According to Berrien, as a result of sequestration, EEOC is furloughing employees for at least five days and may add another three days of unpaid leave based on the agency's review of its budget situation later this year.

The following day, President Obama nominated Chai R. Feldblum (D) to a new five-year term as commissioner. Feldblum originally joined EEOC in April 2010 on a recess appointment, and was later confirmed by the Senate to fill a term as commissioner ending July 1, 2013. Her new term would run through July 1, 2018.

In addition, EEOC's New York field office May 16 filed the commission's first-ever class action lawsuit under the Genetic Information Nondiscrimination Act. The case alleges that a Corning, N.Y., nursing home violates the act by asking prospective and current employees for their family medical histories during mandatory pre-employment and annual medical exams.

EEOC also sought public comment May 10 on draft principles for a quality control plan currently being developed by an internal work group.

 

Other recent EEO developments include:

  • A federal district court in Iowa reduced from $240 million to $1.6 million the compensatory and punitive damages a turkey processing plant must pay to EEOC on behalf of 32 mentally disabled workers for violations of the Americans with Disabilities Act.
  • Lawmakers in the House and Senate reintroduced identical bills that would prohibit mandatory pre-dispute arbitration agreements pertaining to employment disputes.
  • The U.S. Court of Appeals for the Second Circuit found that New York City is entitled to a trial--before a new judge--on the claims of African American firefighters who allege that the city engaged in a "pattern or practice" of intentional race discrimination against black applicants for entry-level firefighter jobs.
  • Lawmakers in both chambers reintroduced legislation that would require employers to offer pregnant employees reasonable accommodations similar to those available to disabled workers under federal law.
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