THE EEOC ISSUES GUIDANCE ON

HOW THE ADA APPLIES TO PERFORMANCE AND CONDUCT ISSUES

The Equal Employment Opportunity Commission (EEOC) recently issued a comprehensive question-and-answer guide addressing how the American with Disabilities Act (ADA) applies to performance and conduct issues.

Many of you have been following our stories about Cal/OSHA’s increasingly vigilant prosecution of heat illness prevention program violations. In response to political pressure, Cal/OSHA has been raising the bar, and enjoying their venture into the legislative realm. While Cal/OSHA has no authority to construct new laws, they have done their best to remodel the existing laws. For example:

Laborers’ Union: Newest Player in AG

We have just learned that Laborers’ International Union of North America (“LIUNA”), Local 1184, out of Riverside, is jumping into agriculture. Today, October 30, 2008, LIUNA Local 1184 filed an N/A, N/O and a Petition against Herb Thyme Farm. As this E-Blast is being made, LIUNA’s efforts have not been docketed yet with the Agricultural Labor Relations Board. However, we have received word about the filings from the El Centro office of the ALRB.

Yesterday, October 23, 2008, the Department of Homeland Security (DHS), issued its “no-match” Supplemental Final Rule. In August 2007, DHS issued its original “no-match” rule which resulted in the U.S. District Court for the Northern District of California issuing an injunction, preventing enforcement of the “no-match” rule.