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Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA

On September 30, 2010, the Equal Employment Opportunity Commission (EEOC) filed suit against the U.S. Steel Corporation and the United Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol testing policy, authorized under its collective bargaining agreement with the union...

Summary of the EEOC’s Final Regulations for the ADAAA – What Companies Should Know (Part One)

The Equal Employment Opportunity Commission has issued regulations implementing the Americans with Disabilities Act Amendments Act (referred to as the ADAAA or the Amendments Act), providing further interpretive guidance for the statutory amendments. One of the central purposes of the Amendments...

NLRB Told to Follow its Precedent or Explain Why

The United States Court of Appeals for the District of Columbia Circuit recently joined other courts in reining in the efforts of federal agencies to legislate by administrative action. Specifically, in E.I. Du Pont De Nemours and Company v. NLRB , the D.C. Circuit held that the National Labor Relations...

Collective bargaining and the Michigan Constitution: Proposal 2

Michigan voters will be faced with a number of proposals to amend the state's constitution. One of these is Proposal 2 which is being pitched as a means to prevent any "right to work" legislation from being enacted. TV commercials in support of the proposal feature teachers and firemen...

Does CBA Arbitration Clause Preclude Statutory Discrimination Lawsuit? - COTW #114

The Case of the Week comes to us from the Eastern District of Pennsylvania: Harrell v. Kellogg Co., 2012 U.S. Dist. LEXIS 128970 (E.D. Pa. Sept. 10, 2012) [ enhanced version available to Lexis.com subscribers ]. The plaintiff filed racial discrimination, retaliation, and hostile work environment claims...