Legal Analysts

Showing posts with label equal employment opportunity commission. Show all posts
Showing posts with label equal employment opportunity commission. Show all posts

Tuesday, September 27, 2022

Employment Discrimination - Federal Sector - Regulatory Changes Coming

Did you know that employees of the federal government have special rules to sue their employer for employment discrimination? For example, these employees only have 45 days to initiate their complaint after the discriminatory event or they are foreclosed from bringing a case.

Now, the Equal Employment Opportunity Commission (EEOC) is proposing an amendment to the regulation that governs these types of discrimination cases, 29 CFR 1614.

The proposed amendment is a step forward by embracing the EEOC's Electronic Public Portal, but it's not nearly enough for these employees who are often a day late and a dollar short in bringing their claims. What really needs to happen is to provide federal sector employees with extended timelines to bring their cases, which match that available to private sector employees (180 days or 300 days depending on local discrimination laws). 

That said, the proposed regulatory change is designed "to authorize the Commission to transmit its hearing and appellate decisions and other documents to registered complainants through the EEOC Electronic Public Portal," which makes sense. 

To comment on this proposed rule, identified by RIN Number 3046-AB23, go to and follow the instructions for submitting comments.

Thursday, December 16, 2021

Americans with Disabilities Act Update: COVID-19 Considered a Disability for Purposes of Employment Discrimination

Thousands of Americans who have contracted COVID-19 may now qualify for disability under the Americans with Disabilities Act (ADA).

The Equal Employment Opportunity Commission (EEOC) passed new ADA guidelines to cover individuals with COVID-19 disabilities.

There are three ways a person can be deemed to have a COVID-19 disability under the ADA.

  1. A person with COVID-19 has an Actual Disability if the person’s medical condition or any of its symptoms is a "physical or mental" impairment that "substantially limits one or more major life activities." An individualized assessment is [required] to determine whether the effects of a person’s COVID-19 substantially limit a major life activity. This will always be a case-by-case determination.
  2. A person who has or had COVID-19 can be an individual with a Record of a Disability if the person has "a history of, or has been misclassified as having, an impairment that substantially limits one or more major life activities, based on an individualized assessment.”
  3. A person is Regarded as an Individual with a Disability if the person is subjected to an adverse action (e.g., being fired, not hired, or harassed) because the person has an impairment, such as COVID-19, or the employer mistakenly believes the person has [COVID-19].”

In some cases, regardless of whether an individual’s initial case of COVID-19, itself, constitutes an actual disability because the case-by-case evaluation does not result in such a determination, that individual’s COVID-19 may end up causing impairments that are themselves disabilities under the ADA.

If you meet either the “actual" or “record of” definition of disability you may be eligible for a reasonable accommodation at the workplace.

It is unlawful for employers to discriminate against employees or applicants based on a COVID-19 disability. Further, it is unlawful for employers to refuse to provide reasonable accommodation for those with COVID-19 disabilities if it does not place an undue hardship on the employer.

If you believe you’ve been the target of COVID-19 Disability Discrimination by an employer then you should seek the counsel of an attorney to determine the extent of your injuries. Your attorney can assist you filing a legal complaint with EEOC. If the employer is found to have acted unlawful according to the ADA, then your attorney can leverage your position so you are awarded compensatory damages, penal damages, penalties, and attorney fees.

Also, don't forget that state and local anti-discrimination laws have lower standards to qualify for protection so even if you don't qualify under the ADA, check your state, county, city, or town / village.