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Administrative Agency Civil Rights Communications & Media

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

by FordHarrison on

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)...more

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

DOJ Extends Comment Period for ADA Title II SANPRM, Cites Impact on Title III Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: DOJ announced today an extension to October 7, 2016 for the public to submit comments on the SANPRM for state and local government websites. In May of this year the Department of Justice surprised us...more

Nine U.S. Senators Urge Obama Administration to Issue Title III Website Regulations ASAP

by Seyfarth Shaw LLP on

In late December, nine Democratic senators (Edward J. Markey (D-Mass), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Cory A. Booker (D-N.J.), Barbara A. Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Benjamin L. Cardin...more

Justice Department Delays Web Accessibility Regulations For At Least Three More Years, Leaving Businesses in Turmoil

by Seyfarth Shaw LLP on

In an astonishing move, the Department of Justice (DOJ) announced that it will not issue any regulations for public accommodations websites until fiscal year 2018—eight years after it started the rulemaking process with an...more

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

by Sherman & Howard L.L.C. on

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

NLRB Report Targets Unlawful Employer Handbook Rules

by LeClairRyan on

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

SEC Brings First Action Against Company for Potentially Stifling Whistleblowers With Confidentiality Statement

The Securities and Exchange Commission recently charged KBR, Inc., a Delaware corporation specializing in technology and engineering, with a Rule 21F-17(a) violation for using language in employee confidentiality statements...more

The Impact of the Open Internet Order on Accessibility

by Davis Wright Tremaine LLP on

The Order does not forbear from enforcing the requirement in Section 225 that telecommunications relay service (TRS) be made available to persons with hearing and speech disabilities, such that they may have access to...more

FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

by Holland & Knight LLP on

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more

The New ADA Design and Construction Issue: Website Accessibility

by Holland & Knight LLP on

- The DOJ has indicated that it plans on issuing a separate regulation to address website accessibility. However, no official action has been taken since it first sought comments on its proposal for addressing website...more

Reminder: Accessibility Record Keeping Certification Required by April 1, 2014

by Davis Wright Tremaine LLP on

Entities providing traditional telecommunications services, interconnected VoIP, advanced communications services (ACS) (which includes non-interconnected VoIP, electronic messaging services, interoperable video...more

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

by Fenwick & West LLP on

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

Justice Department Settles ADA Claims against Debt Collector

by Ballard Spahr LLP on

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

Social Media and Beyond: California Ushers in New Employment Laws for 2013

by K&L Gates LLP on

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more

New California Employment Laws Effective January 1, 2013

This fall, the California Legislature and Governor passed a number of changes to California employment laws, most of which take effect on Jan. 1. Below is a summary of the changes most likely to have a practical impact on...more

Patient Concerns Make Social Media Even Trickier for Healthcare Employers

By now, everyone is probably familiar with Dawnmarie Souza's dispute with American Medical Response, where the National Labor Relations Board sided with an emergency medical technician's right to bad-mouth her supervisor on...more

Social Media in the Workplace - July 2012

by Snell & Wilmer on

These are the days of Facebook, LinkedIn, Twitter, YouTube, Pinterest, IM, MMS and SMS. We blog, we tweet, we post, we follow, we like, we comment, we pin, we text—and while doing so, we have blurred the lines between...more

Second Federal Court Tackles Absence of Closed Captions in Netflix Web-Streaming

by Davis Wright Tremaine LLP on

In the wake of a federal district court in Massachusetts rejecting arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (ADA), a...more

Federal Court Holds in ADA Suit that Netflix Web Streaming Can Be “Place of Public Accommodation”

by Davis Wright Tremaine LLP on

A federal district court in Massachusetts has rejected arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (“ADA”), and...more

Employers Should Be Wary Of Information They Gather Online About Employees

by Cole Schotz on

Maryland recently became the first state in the country to ban employers from asking both employees and job applicants for their social media passwords. The bill, which passed both houses of Maryland’s legislature, is...more

Employment and Labor Newsletter - May 2012

by Miller Canfield on

In This Issue: - Bullying in the Workplace: Allegations of workplace bullying, which may include verbal abuse, work sabotage, and various types of threatening behavior, have gained national attention in recent...more

New State Law Further Regulates Hiring

by Fisher Phillips on

Billed as a means to protect out-of-work Oregonians from discrimination, the Oregon legislature passed a new law that prohibits overt unemployment discrimination in job advertisements. Oregon has become only the second state...more

Stop at the Intersection of Job Application and Facebook Login

by Sands Anderson PC on

At the intersection of social media and law today is whether employers can or should ask job candidates for their Facebook login information as part of the interview process or force candidates or employees to “Friend”...more

Twitter Job Search – Does It Discriminate?

by Sands Anderson PC on

Has your company joined the Twitter job posting trend? If it has, you may unwittingly be discriminating against older applicants. While many of the 40 and older set have acclimated to Facebook and Linked-In, Twitter still...more

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