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Total Articles: 4

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The January 25 memo introduces new stringent limits on the use of guidance documents by Department of Justice officials in civil actions against businesses, including employment claims. By limiting the effectiveness of such guidance documents—and in some cases, eradicating them altogether—the Trump administration may have handed employers a gift that could pay off in the long run.

DOJ Officially Pulls the Plug on Regulations Already on Life Support

In a move that surprises no one, the Department of Justice (DOJ) has announced today, December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website accessibility: one under Title II of the Americans with Disabilities Act (ADA) applicable to state and local governments and one under Title III applicable to private businesses open to the public. The DOJ’s purported basis for the withdrawal of these ANPRMs is to evaluate whether promulgating regulations about the accessibility of web information and services is “necessary and appropriate.” Such evaluation “will be informed by additional review of data and further analysis.” The DOJ “will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”

DOJ Projects Rulemaking on State and Local Government Websites in July 2017

The U.S. Department of Justice (DOJ) recently announced that it is expediting its timetable and expects to issue a Notice of Proposed Rulemaking (NPRM) regarding accessibility of state and local government websites in July of 2017. The comment period for this NPRM would close in September of 2017. The DOJ’s announcement in the Unified Agenda also indicated that it continues to expect the regulations under Title II of the Americans with Disabilities Act to pave the way for the Title III regulations applicable to private businesses’ websites.

DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices, even indirectly by way of a third-party labor contractor, may still be held liable for civil penalties under the anti-discrimination provisions of the Immigration and Nationality Act (INA).1