January 1st, when Amendments to the Americans with Disabilities Act take effect

[Adminஐﻬ]

The ADA Amendments Act of 2008 (signed into law on September 25, 2008):

http://edlabor.house.gov/issues/adaaa.shtml

January 1st, Amendments to the Americans with Disabilities Act take effect

[Adminஐﻬ]

 New Employment, Labor and Discrimination Laws in 2009
Tuesday, December 16th, 2008

Whether you are an employer or employee, you might be interested to know that new federal employment and discrimination laws are to become effective in January 2009. Perhaps you’d also like to know about the previously introduced employment, labor and discrimination laws that Congress is expected to reconsider after President-Elect Barack Obama takes office.

Technically, labor laws deal with employer-union relationships while employment laws deal with employer-employee relationships, but the terms are often used interchangeably. Discrimination laws are also referred to as antidiscrimination or anti-discrimination laws.
New Federal Employment Laws and Discrimination Laws Effective in 2009

Listed below are new federal employment laws, discrimination laws or related laws that are scheduled to become effective in January 2009.

Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

Amends the Americans with Disabilities Act of 1990 (ADA), to better protect disabled American workers from employment discrimination. The ADAAA becomes effective on January 1, 2009.

Family and Medical Leave Act (FMLA) Final Rule

A new final rule updates the FMLA regulations, to grant eligible workers the right to take up to 12 or 26 weeks of unpaid military family leave. The new FMLA final rule also clarifies certain family and medical leave rules for workers and employers, and changes FMLA rules based on decisions made by U.S. courts.

The final rule becomes effective on January 16, 2009.

Final Rule for Federal Contractors and E-Verify

President Bush signed an Executive Order in 2008 requiring Federal contractors to use the E-Verify System, to verify the employment eligibility of their workers as defined in the Executive Order.

The President’s Executive Order spawned a final rule to which Federal contractors must adhere effective January 15th, 2009. See Federal Contractors must use E-Verify for more information.
Federal Employment Laws, Labor Laws and Discrimination Laws Likely to be Reconsidered in 2009

Listed below are previously introduced federal employment laws, labor laws and discrimination laws that those in the know expect Congress to reconsider in 2009.

Employee Free Choice Act

Representative George Miller introduced this Act in early 2007, to amend the National Labor Relations Act to better enable employees to form, join or assist labor unions and to better curtail unfair labor practices. See Bill H.R.800 at the THOMAS Legislative Database for more information.

Fair Pay Restoration Act

Senator Edward Kennedy introduced the related bill in 2007 to reverse a U.S. Supreme Court ruling that made it more difficult for employees to file wage discrimination lawsuits. He also introduced the bill to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to make it more clear that wage discrimination is unlawful on the basis of race, color, religion, national origin, sex or age.



Family Leave Insurance Act

The House of Representatives first considered this Act in April 2008. If Congress passes the Act (or a similar replacement act) in 2009, the new federal employment law will require certain employers in all states to provide paid family and medical leave benefits to eligible employees. See Family Leave Insurance Act of 2008 for more information.

Sexual Orientation Discrimination Law

In November 2007, the House of Representatives passed the Employment Non-Discrimination Act of 2007, which prohibited sex discrimination in employment on the basis of sexual orientation. But the historic Act died in the Senate.

Still, it’s a hot legislative topic; subsequently, Congress will likely reconsider the Act or introduce a replacement act in 2009, such as one that will amend Title VII to prohibit employment discrimination on the basis of either sexual orientation or gender identity. Several states have already enacted similar laws.