Policy and Handbook Review: 'Tis the Season

Another year is almost behind us, and 2010 waits just around the corner. For most, this is the time to start looking to the year ahead and thinking about New Years' resolutions. The same holds true for employers. Given the significant changes to federal labor and employment law that marked 2009, now is the perfect time for employers to take a fresh look at their policies and handbooks and make any necessary updates to ensure compliance with applicable law in 2010.

For example, in early 2009, new regulations governing the amendments to the Family and Medical Leave Act (FMLA) became effective. Among other things, the new regulations clarify various portions of the FMLA and implement the new provisions related to military caregiver leave. In addition, in October 2009, the FMLA was amended to broaden FMLA leave related to the military service of a family member. If employers have not already done so, the amended FMLA and the accompanying regulations must be examined and incorporated into their FMLA policies and procedures.

Similarly, the ADA Amendments Act of 2008 (ADAA) also became effective in 2009 and enacted significant changes to the Americans with Disabilities Act of 1990 (ADA). The Equal Employment Opportunity Commission (EEOC) issued proposed regulations implementing the ADAA in September 2009. Although the new regulations are not yet final, the proposed rules redefine who will be covered under the ADA. More specifically, the ADAA and the proposed regulations make several definition changes that make the standard much lower for proving the existence of a disability and for obtaining ADA coverage. Employers must be aware of these changes and proposed regulations in determining how they will administer policies related to the ADA.

The Lilly Ledbetter Fair Pay Act of 2009 was also enacted earlier this year. This piece of legislation amends Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act. The new law makes it easier for workers to sue their employer for pay discrimination based on such characteristics as gender, race, age or disability. This law reminds employers to review their compensation practices and be certain that any pay discrepancies among workers doing comparable work are defensible and justified by legitimate, non-discriminatory reasons. 

Another new law which employers must be aware is the Genetic Information Nondiscrimination Act of 2008 (GINA). This law became effective in November 2009 and prohibits the improper use of genetic information in both the insurance and employment contexts. This law provides that employers may not discriminate against a job applicant or employee based on the individual's genetic information, or improperly acquire or divulge such information. As with the other legal updates identified above, employers must become familiar with the provisions of GINA and ensure that all applicable workplace policies and procedures are compliant.

Although these laws are not exhaustive of the legal changes in 2009 affecting the workplace, they are often regarded as the most significant. Accordingly, employers must be familiar with the updates and ensure that any applicable policies are up-to-date. As a best practice, consult your legal counsel to discuss the new laws and to arm yourself for whatever 2010 may have in store. If you have any questions about updating your policies and handbooks to ensure compliance with applicable law in 2010 contact a member of Ice Miller's Labor and Employment Group. Our best to you in the coming year.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.