Susan Schoenfeld, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications. Ms. Schoenfeld has practiced in the area of employment litigation and counseling, covering topics such as disability discrimination, wrongful discharge, and sexual harassment. She provided training and counseling to corporate clients and litigated cases before the U.S. Court of Appeals, state court, and at the U.S. Department of Labor. Prior to private practice, Ms. Schoenfeld was an attorney with the Civil Rights Division at the U.S. Department of Labor (DOL) in Washington, D.C., where she advised federal agencies, drafted regulations, conducted inspector training courses, and litigated cases for DOL. Ms. Schoenfeld received her undergraduate degree, cum laude, with honors, from Union College, and her law degree from the National Law Center at George Washington University.
Interview: Susan was quoted in a NBCNews.com article on the topic of the reasons why nonvoters don't make it to the polls on Election Day.
Video: Watch Susan's recent video on FMLA recertification requests.
On November 19, 2013, Associated Builders and Contractors (ABC), a national association for the construction industry, filed a request for an injunction in the U.S. District Court for the District of Columbia to stop the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) final rule impacting federal government contractors, including construction contractors.
Asking an applicant or employee about a disability is a legal minefield. The rules that apply differ greatly, depending on whether the inquiry is made before or after a job offer, whether the inquiry is about the nature of the disability or a reasonable accommodation, and under new rules for federal government contractors, whether the inquiry is made as part of an effort to undertake affirmative action for individuals with disabilities. So, what are the rules?
On August 27, 2013, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued its long-awaited final rule, making significant changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). The final new regulation will substantially impact government contractors and their affirmative action plans for disabled individuals and veterans.
One aspect of the new, final rules governing affirmative action for veterans under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) and for individuals with disabilities under Section 503 of the Rehabilitation Act of 1973 (Section 503) that has been overlooked is the impact on construction contractors. Did you know that--among other requirements--construction contractors must conduct data analysis under the new rules?
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