Disability accommodation, pregnancy discrimination, equal pay and discrimination in the hiring process headlined the 2012 list of the most prominent legal issues to be scrutinized by the Equal Employment Opportunity Commission (EEOC). In fact, according to the EEOC’s Strategic Enforcement Plan, which took effect on Oct. 1, and will remain in effect until Sept. 30, 2016, these issues, and others, have been identified as current emerging issues that the EEOC will target under the four-year plan. Significant lawsuits, regulatory developments, settlements and related activities by the EEOC have highlighted the commission’s aggressive efforts to deter and remedy discriminatory or retaliatory employment practices under federal anti-discrimination laws. New Jersey employers must take notice, as the EEOC has seen a marked increase in the number of charges filed against private and public employers since last year. Following are some of the enforcement-related trends, as well as a look at what employers should be concerned about.
Disability Discrimination
Perhaps the most prominent of the EEOC’s recent enforcement efforts are cases alleging violations of the Americans with Disability Act (ADA). In fact, the EEOC collected a record total of $103.4 million in monetary relief for cases alleging violations of the ADA in 2011 alone. One could certainly argue that such significant recoveries are explained, in part, by the enactment of the ADA Amendments Act of 2008 (ADAAA). Although the act was effective on Jan. 1, 2009, the EEOC’s final regulations implementing the ADAAA were not issued until March 29, 2011, and employers are now beginning to feel the effects of the amendments.
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