• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Looming HR legislation: 2 major changes that affect you

Jim Giuliano
by Jim Giuliano
April 18, 2008
2 minute read
  • SHARE ON

FMLA
It’s an election year. That means candidates are loading up new pieces of legislation, and two of the proposals directly affect how you’ll do your job.

Here’s a summary of them and what they mean to HR managers and their companies.
The Civil Right Act of 2008
Proposed by Democrats Clinton, Kennedy and Obama, this revision of the existing Civil Rights Act would:

  • Stiffen penalties for violations of the Equal Pay Act and institute tougher standards on employers who have to prove that a pay differential is the result of a factor other than sex and is related to job performance – such as differences in education, training or experience. With the new standards, HR managers would have to double- and triple-check to make sure the law is being followed, or suffer the consequences.
  • Add compensatory and punitive damages to the remedies available to employees under the Fair Labor Standards Act, in addition to back pay, which is doubled if an underpayment is intentional and not in “good faith,” and make it easier for employees who win a discrimination or pay case to recover some legal expenses from their employers, such as the cost of providing expert witnesses. That makes the stakes – and the risk – higher for employers who choose to fight it out in court, and increases the demand that supervisors thoroughly document their decisions.

Americans with Disabilities Act More than 240 co-sponsors in the U.S. House have signed on to the proposed ADA Restoration Act, which would:

  • Redefine “disability” to include simply “a physical or mental impairment” or “a record of a physical or mental impairment” or the state of “being regarded as having a physical or mental impairment” — meaning individuals no longer would need to prove that impairments “substantially limit” one or more “major life activities.”
  • Prohibit courts and employers from considering the effects of medication or devices when determining whether individuals are disabled. That is, if you have an employee whose disability is lessened by medication or a medical device, you wouldn’t be allowed to take that into account when deciding if the employee is disabled.
  • Shift the burden of proving qualification to perform a job from employee, who now must show that he or she is qualified, to employers, who must show the employee is not qualified.

What you can do
Since the legislation is still under study, members of Congress are looking for real-life examples of how the changes would unfairly affect business or the way in which employees are treated.
If you have an example – for instance, a situation with a disabled employee – you should contact your representatives with a description of the situation.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader