January 15, 2010

If you think that employees are more hesitant to file formal complaints against their employers or former employers in bad economic times — for fear of retaliation or bad references — think again.

The federal Equal Employment Opportunity Commission (EEOC) is reporting that it received 93,277 bias claims nationwide in 2009. This represents the second-highest number of annual employee complaints in EEOC history, coming in just shy of the record set in 2008.

What does the EEOC want you to do to comply with the amendments to the Americans With Disabilities Act? Get all your questions answered on January 25 with our timely and comprehensive webinar specifically for California employers: ADA/FEHA Q&A: Bring Your Questions To Our Experts for Quick, Informative Answers.>

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Of the total number of bias complaints, 85,980 were filed against private-sector employers. The number of race and age discrimination claims held steady with last year's numbers, while complaints of disability bias and retaliation rose markedly. The number of claims alleging discrimination based on national origin and religion also rose slightly.

Overall, continuing a decade-long trend, the most frequently filed charges with the EEOC in 2009 were those alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%).

The cost to employers of this near-historic number of claims? The EEOC alone recovered more than $376 million from companies on behalf of employees last year. This figure doesn't include those cases that went on to a civil court and were either settled or resolved through litigation or trial. Nor does it reflect the cost to employers of defending against these claims.

Now more than ever, you must be careful to ensure that your supervisors are trained on what the law requires and how to handle bias allegations when they arise. And at the HR end of things, prompt and effective internal investigations of all complaints are a must.

Need Expert Advice on How to Comply With State and Federal Disability Law?

The ADA Amendments Act (ADAAA) went into effect last January. Now, the Equal Employment Opportunity Commission (EEOC) has issued proposed regulations that, along with the ADAAA, represent the first major overhaul to the ADA since its enactment nearly 20 years ago.

Throughout the 93 pages of proposed regulations, the agency gives specific examples of impairments that constitute disabilities, along with a long list of major life activities that could expand the ADA's coverage.

The EEOC is already urging employers to train managers on ADA compliance in light of its proposed regulations and to revise their existing policies and procedures. That's a tall order, especially since the regulations aren't even final yet.

Join us on January 25 for an interactive 90-minute Q&A webinar forum. Our panelists will spend 30 minutes providing an overview of the proposed regulations before opening it up for an extended 60-minute Q&A period, during which you may ask any ADA — and FEHA-related questions you like.

Just think how you'll benefit from spending a full 90 minutes getting this type of expert analysis from two experienced California attorneys. The practical advice you receive will leave you far better equipped to overcome the real-life disability compliance issues you face every day. In addition to getting your specific questions answered, you'll learn:

• Whether episodic conditions or those in remission constitute disabilities under the proposed EEOC regulations
• How to tell if an impairment will — almost always — meet the definition of "disability"
• How to determine if someone is substantially limited in the major life activity of working
• The types of impairments that generally won't be considered substantially limiting
• The "mitigating measures" that may eliminate an impairment altogether and the ones you can't consider when determining whether someone is disabled
• What it now means under the law to regard someone as being disabled
• The practical steps you should take now to ensure that you're in compliance with the ADA and FEHA

Register now »

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