#ADA. #AmericansWithDisabilitiesAct

This week, the Equal Employment Opportunity Commission trumpeted a $4.4 million settlement in a lawsuit in which the EEOC claimed that Amsted Rail had violated the Americans with Disabilities Act by disqualifying applicants based on the results of a test for carpal tunnel syndrome. In the EEOC’s press release, Andrea G. Baran, regional attorney for the EEOC’s St Louis District Office, was quoted as follows: “While it is lawful under some circumstances for employers to conduct limited medical exams after making conditional offers to job applicants, it is not ‘anything goes’.” Wait, what? Actually, I thought it was “anything goes” at that point!
Continue Reading

Just before the holidays, Attorney General Jeff Sessions announced that the Department of Justice was rescinding 25 documents that the agency considered to be unnecessary, inconsistent with existing law, or otherwise improper. The DOJ’s press release, which includes quotes from Sessions regarding his decision to withdraw the guidance can be accessed here. Of note, he categorized the process agencies have been adopting in the digital age (especially under the Obama Administration) of publishing a letter or posting a webpage to signify a change in agency guidance to be an “abuse” of the regulatory process, as prescribed by Congress.
Continue Reading