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At EEOC’s Request, 7th Circuit May Reconsider ‘Reassignment’ Case

A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]

Employers Must Answer Questions About Revenue Sharing in Their 401(k)s

By Mary Jo Larson    Nearly every 401(k) plan offers its participants some investment options that include revenue-sharing fee payments. For many years, employers were not even aware that their participants’ investments were generating these payments. Today, in the wake of new U.S. Department of Labor disclosure and reporting rules and well-publicized cases attacking employers for […]

Retirement Plans: Final DOL Regulation on Qualified Default Investment Alternatives Protects 401(k) Fiduciaries

A new U.S. Department of Labor (DOL) regulation protects fiduciaries when selecting and investing employee assets in qualified default investment alternatives (QDIAs) for 401(k) plans. The rule, effective Dec. 24, 2007, expands the relief provided to plan fiduciaries under the federal Employee Retirement Income Security Act (ERISA) and should be particularly valuable to fiduciaries of […]

Ride the ‘Retaliatory Wave’ after RIFs, Right-Sizing, and ‘Structural Realignments’

Downsizing is dangerous for morale, for productivity–and for lawsuits. Today’s expert untangles this treacherous territory. Fear and insecurity experienced as a result of downsizing, layoffs, or any type of significant restructuring spawns a “retaliatory wave” of lawsuits, as well as affecting morale, which results in poor productivity, says Diana Gregory. So, employers need to identify […]

EEOC Reports Job Bias Claims at New Record

The U.S. Equal Employment Opportunity Commission (EEOC) announced that workplace discrimination charge filings increased 15 percent last year to an unprecedented level of 95,402. While the agency stated that it didn’t know if this was a trend, it was an indication of a persistent problem. All of the main categories of charge filings with the […]