I have previously posted about the requirements of the the Poster required by the NLRB, entitled "Notification of Employee Rights". After various delays, the effective date was moved to April 30, 2012. The Rule requires that all employers covered by the NLRA post, in a conspicuous place, a notice informing employees of their right to organize and provide contact information for the NLRB. Last week, Judge Amy Berman Jackson, of the U.S. District Court for the District of Columbia, upheld the requirement that the poster be put up in the workplace, but struck 2 sections of the required posting: that the failure to post is an unfair labor practice and that the failure to post tolls the statute of limitations against employers who fail to post. The decision, however, held that although the "Board cannot make a blanket advance determination that a failure to post will always constitute an unfair labor practice", it can determine on a case by case basis that an employers failure to post can constitute an unfair labor practice. This case is likely to be appealed, and the NLRB, with it's current liberal majority, will probably pursue action against employers who fail to post the notice.
Practice pointer. The requirement to post the notice still stands: it must be posted on or before April 30th.
EEOC Issues New Guidelines for Veterans with Disabilities. Last week, the EEOC issued 2 revised publications on the employment of veterans with disabilities. The Guide for Employers explains how protections for veterans with service-connected disabilities differ under the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA), and how employers can prevent disability-based discrimination and provide reasonable accommodations. The Guide for Wounded Veterans answers questions that veterans with service-related disabilities may have about the protections they are entitled to when they seek to return to their former jobs or look for civilian jobs. The publication also explains the kinds of accommodations that may be necessary to help veterans with disabilities obtain and successfully maintain employment. Traumatic Brain Injuries (TBI) and Post-Traumatic Stress Disorder (PTSD) are among the disabilities that employers will be expected to reasonably accommodate, if possible.
Practice Pointer. The EEOC remains very active, and will be involved in situations involving disabled veterans returning to the private workforce. Approximately 3 million veterans have returned over the last 10 years, and it is expected that another million will return over the next 5 years as troops are withdrawn from the Middle East and Department of Defense funding is reduced. With a 12 percent unemployment rate for post 9/11 veterans, I expect the EEOC to be very aggressive in this area. Any returning disabled veterans (Thank you for your service to the US), and any employers who have disabled veterans apply for jobs should read these publications.