Tougher Enforcement Headed Your Way?
ningcontentTrue to promises made by the Obama Administration, employers can expect to see much more aggressive enforcement of federal anti-discrimination laws in the very near future.
Here’s the latest . . .
New Wage and Hour Compliance Officers
Labor Secretary Hilda Solis has publicly emphasized increased enforcement as a priority, focusing primarily on the Office of Federal Contract Compliance Programs (OFCCP), the Occupational Safety and Health Administration (OSHA) and the Wage and Hour Division. The Wage and Hour Division alone plans to hire more than 200 new compliance officers to enforce the Fair Labor Standards Act (FLSA) and other statutes.
Agency Budget Increases
Budgets for the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) are on the rise for the first time in years, with significant increases planned for 2010. The EEOC will undoubtedly use those resources to pursue its renewed emphasis on systemic (i.e., class-wide) discrimination.
Department of Justice
U.S. Attorney General Eric Holder announced a few days ago that the Department of Justice (DOJ) will increase the budget for the Civil Rights Division by $22 million and hire more than 50 civil rights attorneys to enforce various federal laws, including the Americans with Disabilities Act (ADA), the Civil Rights Act of 1964 and the Immigration Reform and Control Act (IRCA). The Division has already started filing far more “friend of the court” briefs in private discrimination matters.
Other Enforcement Activities
Other agencies are upping the enforcement ante as well. Immigration Customs and Enforcement (ICE) recently announced that it is issuing notices of investigation (NOIs) to 652 employers nationwide. OFCCP announced that it will audit recipients of federal stimulus money. OSHA announced a new National Emphasis Program (NEP), targeting companies whose reported injury history is significantly less than the norm.
What Does All This Mean for Employers?
It’s pretty simple: follow the law. Employers that don’t are likely to face tougher audits and enforcement than has been seen in decades.
Article by Mark Toth, Chief Legal Officer of Manpower’s North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.
