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Recent changes to Equal Employment Opportunity Commission or  EEOC regulations, which will go into effect on January 1, 2009, update the definition of a disability under the law. It’s vital for every employer to be aware of these changes.

Originally, the EEOC took a very broad view of the term “disability” under the ADA, or Americans with Disabilities Act of 1990. Since that time, a number of Supreme Court decisions have narrowed the definition of a disability considerably.

It’s important to understand the history of these regulations. In one of the most obvious cases, the Supreme Court ruled that an employee was considered not to have a disability if the employee, using a mitigating measure, (more…)

A number of employees, who were not disabled in 2008, will legally be considered disabled in 2009, without any change in their condition.

A new law signed by President Bush on September 25, 2008 includes major changes in employment law related to disabled employees. These changes, which are effective January 1, 2009, affect every employer who has an impaired worker, or may have one in the future.

The Americans with Disabilities Act (ADA) Amendments Act of 2008 changes the definition (more…)

The U.S. Equal Employment Opportunity Commission or EEOC recently  issued a comprehensive question-and-answer guide that clarifies performance and conduct issues under ADA, the Americans with Disabilities Act.

The document addressing a wide variety of problems, is available in its entirety at  www.eeoc.gov/facts/performance-conduct.html.

Under Title I of the Americans with Disabilities Act, and Section 501 of the Rehabilitation Act , employment discrimination against qualified individuals with disabilities is prohibited.

However, the ADA and Rehabilitation Act generally do not impinge (more…)

Employers in several states, including Mississippi, Colorado and Arizona, are required by law to use E-Verify to check every new employee’s documentation.

In Texas, Hawaii, Michigan and eleven other states, employers are strongly urged to use E-Verify.

Tax incentives are offered in some states, like Georgia, to employers that utilize E-Verify. Government employees, state contractors and sub-contractors are already required to use E-Verify by most states.

Many states are (more…)

Employers should be aware of two new required US Department of Labor initiatives to promote the hiring of veterans and protect the rights of applicants with disabilities.

Both initiatives were introduced through the Office of Federal Contract Compliance Programs, or OFCCP. This agency enforces regulations that apply to companies with federal contracts in excess of $50,000.

The Good Faith Initiative for Veterans Employment, also known as G-FIVE will help (more…)