PENDING LEGISLATION RELATED TO EEO ISSUES

by Art Gutman Ph.D., Professor, Florida Institute of Psychology

According to a BNA report dated March 26, 2010, congress is likely to turn its attention to three important piece of EEO legislation. For BNA subscribers, the report is available here.

The first two pieces of legislation are long anticipated. They are (1) the Paycheck Fairness Act (H.R. 12, S. 182), passed by House passed in January 2009 as part of the Lilly Ledbetter Act, which the Senate has not yet voted on and (2) overturning the Supreme Court’s ruling in Gross v. FBL (129 S.Ct. 2343), which invalidated the “mixed-motive” defense with respect to the Age Discrimination in Employment Act (ADEA). In that ruling, the Supreme Court ruled that mixed-motive is the unique province of Title VII. The third piece of legislation is the Employment Non-Discrimination Act (ENDA), which would add “gender identity” as a protected class in Title VII. We will keep you abreast of any developments in each of these areas, so stay tuned.

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