Federal and state laws govern employment discrimination and protect various groups. In 2011, over 99,000 discrimination charges were filed with the EEOC, primarily for race, sex, disability and age discrimination. The costs of settling class action discrimination lawsuits has increased dramatically, with the top 10 settlements in 2010 totaling over $346 million. Both the ADA Amendments Act and the Genetic Information Non-Discrimination Act were passed to broaden protections, with the latter prohibiting the use of genetic information in employment decisions. Individual states also have their own discrimination laws that may provide additional protected classes or differ in procedures and interpretations compared to federal law.

1. Trends In EEO and Discrimination

2. Employment Discrimination Governed by Federal laws, regulations State laws, regulations Local and municipal ordinances/codes

3. Federal Government The number of discrimination charges continues to be large. In 2011, 99,947 cases were filed with the EEOC in the following major categories: Source: www.eeoc.gov Age 23,465 Religion 4,151 Disability 25,742 Sex 28,534 Nat’l Origin 11,833 Equal Pay 919 Race 35,395 Retaliation 37,334

4. Other Protected Groups Federal law prohibits discrimination on the basis of veteran status or liability for service in the United States Armed Forces Whistleblowers are also a federally protected group Federal law also prohibits discrimination based on genetic information

5. Increasing Costs The cost of settling the top 10 class action discrimination suits in 2010 was over $346 million, more than four times more than in 2009. Recent settlements 3M (8/2011) - $3 million (age discrimination) Wells Fargo (6/11) - $32 million (sex discrimination) Roadway Express (9/2010) - $10 million (racial harassment) Eastman Kodak (9/2010) - $21 million (race discrimination)

6. ADAAA The ADA Amendments Act passed in 2008 went into effect in 2009 The ADAAA broadened the definition of the term “disability” Rejected court interpretations and a portion of the EEOC regulations that interpret the employment section of ADA

7. GINA The Genetic Information Non-discrimination Act (GINA) signed into law in 2008 went into effect in November, 2009. Final regulations in effect in January, 2011 Prohibits discrimination on the basis of genetic information in health insurance and employment Over 200 EEOC complaints in 2011 Requires posting Employers advised to discontinue requests to applicants and employees for family medical history except in the limited circumstances permitted in connection with a wellness or disease management program

8. Other Laws and Requirements States and local governments may have their own laws against employment discrimination. They differ from Federal law in Protected classes Court procedures Court interpretations

9. New Jersey Very employee-friendly Additional protected classes: marital status, sexual orientation, certain genetic conditions, domestic partnership status, transgender identity Different approaches to discrimination based on age Different approaches to whistleblower protection Longer time limit for filing charges Different Court interpretations (e.g., Gaines v. Bellino)

10. Have you covered … Sexual and other workplace harassment prevention training for all staff members Requirements for CEPA poster and notification Requirements for USERRA poster Addition of domestic partnerships to your EEO policy Addition of GINA ADAAA impact on your procedures