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After over 25 years of proposals and negotiations among key stakeholders including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates on December 22, 2020, the Ohio General Assembly passed sweeping reforms to the state’s employment discrimination statute, R.C. Chapter 4112. Ohio Governor Michael DeWine signed the new legislation on January 12, 2021. The law goes into effect on April 15, 2021, which is 90 days after the governor delivered the signed bill to the secretary of state.
Ohio’s Employment Law Uniformity Act (H.B. 352) finally curbs judicial lawmaking, which necessarily has occurred since 1991 regarding Chapter 4112. The most substantial revisions affecting Ohio employers include:
Jenny Yang, who chaired the U.S. Equal Employment Opportunity Commission for several years during the Obama administration, has been tapped by President Joe Biden to lead the U.S. Department of Labor office that polices bias among federal contractors.
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Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish programs that provide employees with incentives to achieve certain health outcomes, such as smoking cessation or weight loss. Employers must exercise caution in creating such health-contingent wellness programs, which necessarily require employees to disclose health information, because the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) prohibit medical inquiries unless there is a demonstrated business necessity or responding to the health inquiry is voluntary.
[co-author: Christopher Shur - Law Clerk]
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued a Commission Opinion Letter concluding that the group termination program disclosures mandated by the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), are not
required to include employees working outside the United States who are not U.S. citizens but who otherwise might be considered to be part of the termination program’s “decisional unit.”
Relevant ADEA and OWBPA Provisions
When conducting a group termination program that offers employees severance in exchange for a release of potential federal age discrimination claims, the OWBPA imposes specific requirements to obtain a valid and enforceable release of ADEA claims.
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Due to the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) delayed the opening of Equal Employment Opportunity (EEO) data collections for:
-private sector employers;
-local referral unions.
On January 12, 2021, the EEOC announced that those data collections, as well as the data collections for state and local governments, will open in 2021. The 2019 and 2020 See more +
Due to the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) delayed the opening of Equal Employment Opportunity (EEO) data collections for:
-private sector employers;
-local referral unions.
On January 12, 2021, the EEOC announced that those data collections, as well as the data collections for state and local governments, will open in 2021. The 2019 and 2020 EEO-1 data collection for private sector employers has been scheduled for April 2021, with the other data collections slated for the foll