New Law Extends Time Limit for Discrimination Claims
Other Bills Back Unions, Expand Paid Leave, Protect Undocumented Workers

March 26, 2009

Although it is difficult to predict which legislation will become law, employers are almost certain to face a more difficult legal landscape. Here are some key measures that could make it easier for workers to prevail with complaints, raise employer payouts and require more accommodations for employees.

• With some limited exceptions, the Americans with Disabilities Act (ADA) will now cover conditions that can be treated, such as diabetes or carpel tunnel syndrome. Employers may be compelled to make many more accommodations for workers.

• The first bill signed by President Obama was the Ledbetter Fair Pay Act, which loosens the statute of limitations for workers to sue for pay discrimination based on race, age, gender, disability, or other factors.

• The contentious Employee Free Choice Act would make it easier to establish unions, require binding arbitration, and increase penalties for unfair labor practices.

• Other proposed bills would expand the Family and Medical Leave Act to include companies with fewer than 50 employees; mandate sick leave be paid by employers with 15 or more employees; and make it harder to classify workers as independent contractors.

• Several workplace initiatives would likely raise the cost and likelihood of employment litigation. The Equal Remedies Act, for instance, would eliminate the caps on awards under Title VII of the Civil Rights Act of 1964 and the ADA.

• Some proposals tackle long-running issues, such as establishing new federally protected classes based on sexual orientation, or other factors. Another measure would make it easier for undocumented immigrant workers to claim back pay or get other monetary relief.