etary relief, the three-year decree includes injunctions against engaging in any discrimination or retaliation based on disability and requires the company to revise its attendance plans, policies and ADA policy to include reasonable accommodations for persons with disabilities, including excusing certain absences.17 Verizon will provide mandatory periodic training on the ADA, provide the EEOC with reports about complaints and compliance, and post a notice about the settlement.18 Finally, Verizon will appoint an internal consent decree monitor to ensure its compliance.19
evolution and to pay attention to these dynamic issues as they develop. Michelle Hoogendam Cash and Sidd Rao practice employment law with the Houston firm of Shellist Lazarz Slobin LLP, where they focus primarily on the representation of individuals. Cash is Board Certified in Labor and Employment Law. Endnotes 1.
2. 3. 4.
Conclusion In this business climate of rapidly evolving technologies and increased regulatory activity, employment law issues continue to evolve at a rapid pace. Company practices that have no wrongful intent can create employment liability, and employees are armed with powerful tools to ensure compliance. Employees and employers alike will need to remain mindful of this
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The U.S. Department of Labor, Keeping track of wages: The US Labor Department has an app for that! (last modified May 9, 2011), http://www. dol.gov/opa/media/press/whd/WHD20110686. htm. Id. Id. The U.S. Equal Employment Opportunity Commission, Pre-Employment Inquiries and Credit Rating or Economic Status (last visited Jan. 20, 2012), http://www.eeoc.gov/laws/ practices/inquiries_credit.cfm. The U.S. Equal Employment Opportunity Commission, EEOC Public Meeting Explores the Use of Credit Histories as Employee Selection Criteria (last modified Oct. 20, 2011), http:// www.eeoc.gov/eeoc/newsroom/release/10-2010b.cfm. The U.S. Equal Employment Opportunity Commission, Title VII: Employer Use of Credit Checks (last modified Mar. 9, 2010), http:// www.eeoc.gov/eeoc/foia/letters/2010/titleviiemployer-creditck.html.
National Employment Law Project, Discrimination Against Jobless Americans on the Rise (last modified Feb.16, 2011), http:// nelp.3cdn.net/586fef7ad31dc004dc_6em6i6fb u.pdf. 8. 11 Alive News, Job Listing; Unemployed Need Not Apply (last modified May 31, 2010), http://www.11alive.com/news/local/story. aspx?storyid=144719&catid=3. 9. New Jersey Statutes, Title 34, Chap. 8B, §§ 1-2-C.348B-1 to 34:8B-2 (A.3359/S.2388, approved Mar. 29, 2011); New York Senate Bill 5151. 10. The U.S. Equal Employment Opportunity Commission, EEOC Examines Employers’ Treatment of Unemployed Job Applicants at Hearing (last modified Feb. 16, 2011), http:// www.eeoc.gov/eeoc/newsroom/release/2-16-11. cfm. 11. Id. 12. Id. 13. The U.S. Equal Employment Opportunity Commission, Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (last modified Oct. 17, 2002), http://www.eeoc.gov/policy/ docs/accommodation.html. 14. The U.S. Equal Employment Opportunity Commission, Verizon to Pay $20 Million to Settle Nationwide EEOC Disability Suit (last modified July 6, 2011), http://www.eeoc.gov/eeoc/ newsroom/release/7-6-11a.cfm. 15. Id. 16. Id. 17. Consent Decree at 9-16, Equal Employment Opportunity Commission v. Verizon, et. al. (Dist. Ct. Md. 2011) (No. 1:11-cv-01832-JKB). 18. Id. at 28. 19. Id. at 13. 7.