SLF LABOR AND EMPLOYMENT ALERT August 2006

EEOC PROPOSES CHANGES TO AGE DISCRIMINATION REGULATIONS

The U.S. Equal Employment Opportunity Commission (“EEOC”) has proposed changes to its existing regulations regarding age discrimination claims filed under the Age Discrimination In Employment Act (“ADEA”). The proposed changes are necessary to amend EEOC’s prior interpretation of the scope of the ADEA.

The EEOC had taken the position that the ADEA prohibits age discrimination against employees who are 40 or older, but who are younger than other employees. Stated differently, the EEOC had contended that a “reverse age discrimination” claim could be filed by workers who, while over 40, wish to challenge actions taken by employers in favor of older workers.

In 2004, the U.S. Supreme Court held that the ADEA does not support these types of reverse discrimination claims filed by younger employees. The proposed changes to the EEOC’s regulations will bring its interpretation into line with what the Supreme Court has ruled. The proposed regulations may be found on the EEOC’s website at www.eeoc.gov.

EEOC REPORTS INCREASE IN PREGNANCY
DISCRIMINATION CHARGES

According to the EEOC, the number of charges of discrimination filed on the basis of pregnancy has increased 33% since 1992. While other forms of discrimination often receive more press, pregnancy discrimination claims appear to be on the rise. In light of this information, employers are encouraged to review their workplace policies and procedures, and provide training to their supervisory employees, regarding pregnancy discrimination and how to minimize the risk of being sued.

INCREASE IN RACE DISCRIMINATION CLAIMS REGARDING PREFERENTIAL TREATMENT OF HISPANICS ON THE RISE

The EEOC has recently been pursuing litigation against companies who pass over African-American applicants and employees in favor of Hispanic employees. The EEOC secured a $180,000.00 settlement from a national company for alleged favorable treatment of Hispanic employees. Employers are strongly encouraged to remember that the anti-discrimination laws do not only protect individuals who have been treated less favorably than white employees, but also protect employees of one class who are treated less favorably than any other race of employees.

 

Labor Relations and
Employment Law
Robert J. Sniffen
rsniffen@sniffenlaw.com
211 East Call Street
Tallahassee, FL 32301
850.205.1996
850.205.3004 FAX