Posts tagged U.S. Chamber of Commerce.

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop.

(Not an actual letter from Mr. Kleber.

(Not an actual letter from Mr. Kleber.)

Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with roughly 30 years of experience, including experience as a CEO of a dairy industry trade group, Chief Legal Counsel, and General Counsel — was rejected for a low-level in-house staff attorney position because he was overqualified for the position, not because he was 58 years old.

Prompted by Mr. Kleber’s comment, I have now read the court papers (well, a lot of them, anyway).*

*Mr. Kleber’s case is currently on appeal to the U.S. Court of Appeals for the Seventh Circuit, but it is still in the very early stages. For you procedural nerds, I’ve included a summary at the end of this post. Non-nerds can skip it.

Now that I know more about Mr. Kleber’s lawsuit, I haven’t changed my mind. In other words, I still think he was rejected for being overqualified.

Can’t “overqualified” be a code word for “too old”? Yes, but not necessarily. Read on!

NOTE FROM ROBIN: Last night, I posted briefly that the EEOC’s requirement, starting next March 31, that employers include compensation data in their annual EEO-1 reports had been suspended. We now have more information, and I have drafted a client bulletin that will go out this afternoon. Because the blog subscription and bulletin subscription lists are not identical, I’m ...

This just in, from Randel Johnson, Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce:

Members of the Chamber’s Labor Relations and Employee Benefits Committees:

We have just learned that the deadline for compliance with the new EEO-1 form reporting requirement for data on hours and compensation will be stayed indefinitely. According to our sources, [the Office of Information and Regulatory Affairs of the Office of Management and Budget] based their decision on two grounds, one of which was the appeal submitted by the Chamber that highlighted the new form’s problems with cost, utility, and confidentiality. [The Equal Employment Opportunity Commission] will be publishing further details about what actions they will be taking and any future deadlines and timelines in the Federal Register.

This is a victory, not just for the business community, but for common sense in the world of regulations and information collection. As you know, the Chamber was at the forefront throughout the development of the revised form in crafting arguments opposing EEOC’s gross overreach in expanding the existing EEO-1 form to unmanageable proportions without any discernable benefit. . . .

We will provide more details on this important development as they become available.

Hopefully you’ll find this good news as the summer comes to an end!

I was not a fan of this new EEO-1 reporting requirement, so I am happy as a clam.

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission "absorb" the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn't thought it ...

Last week, two lawsuits were filed in federal court in Texas seeking to block the Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, which was issued in May. Meanwhile, legislation that would delay the effective date of the rule until June 2017 just passed the U.S. House of Representatives, and there is other legislation pending in ...

Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor's new overtime rule this afternoon in an appearance at Jeni's Splendid Ice Cream in Columbus, Ohio. I'll post the rule, which will change the white-collar overtime exemptions to the Fair Labor Standards Act, as soon as it's available. Meanwhile, the DOL has already released the ...

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a "disability" within the meaning of the Americans with Disabilities Act -- even as amended in 2009 -- unless the condition was caused by some underlying physiological disorder.

Biggie Size.flickrCC.SarahRoseCohen

In addition, if the individual develops a medical condition because of the obesity (such as diabetes or ...

I'm sure you have heard that Thanksgiving Day and the first day of Chanukkah will occur on the same day this year, creating the hybrid holiday, "Thanksgivukkah." And, according to Buzzfeed (do they have any expertise on this subject?), the two holidays will not simultaneously occur again for 70,000 years. How about that!

In honor of the occasion, here are eight things in the ...

So what's the real deal with the Employment Non-Discrimination Act?

Yesterday's passage by the U.S. Senate, 64-32, of the ENDA, which would prohibit employment discrimination based on sexual orientation or gender identity, does not mean that the ENDA will become the law of the land -- at least, not for now.

 

Square dancers (148836141).jpgDon't get that party started just yet.


Media reports have, with some ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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