The EEOC issued a new section of its Compliance Manual on October 3, 2000, providing the first comprehensive analysis of the some of the most important employee benefits issues under the anti-discrimination laws.
The new 70-page section replaces Section 627, Employee Benefit Plans, and seven other policy statements on benefits issues. It provides procedures and instructions to guide the investigation of claims of discrimination in health and life insurance benefits, long-term and short-term disability benefits, severance benefits, pension and retirement benefits, and early retirement incentives. It does not cover such benefits as leave, profit sharing, or educational stipends. The legislation covered includes the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), and the Equal Pay Act (EPA).
;margin-bottom:.0001pt??>No new guidance on cash balance pension plans yet
;margin-bottom:.0001pt??>For those seeking guidance on the current controversial area of cash balance pension plans, the new guidelines say only: “Charges have recently been filed challenging conversions from traditional defined benefit to cash balance plans. The Commission is currently studying the allegations in these charges, and, as of the date of approval of this Chapter, has reached no conclusion as to the lawfulness of cash balance plans. In the interim, investigators are directed to follow instructions issued by the Office of Field Programs and/or the Office of General Counsel.”
;margin-bottom:.0001pt??>Threshold Issues have also been updated
0in;margin-bottom:.0001pt?? margin-top:0in;margin-right:12.0pt;margin-bottom:0in;margin-left:>In May 2000, the EEOC issued a new Compliance Manual section on Threshold Issues, replacing Section 605: Jurisdiction, and nine other Commission policy statements. Threshold issues are requirements that an individual must satisfy in order to have a legal claim under the EEO statutes; they must be satisfied before any investigation can proceed.
0in;margin-bottom:.0001pt?? margin-top:0in;margin-right:12.0pt;margin-bottom:0in;margin-left:>A user-friendly Manual is in progress
0in;margin-bottom:.0001pt?? margin-top:0in;margin-right:12.0pt;margin-bottom:0in;margin-left:>The EEOC has issued these two new sections as part of an ongoing effort to update and streamline its Compliance Manual, and to make it more user-friendly. Although the primary audience is the EEOC investigators, the Commission has also stated a goal of providing information that is useful to both lawyers and laypersons, and thus has made an effort to use plainer English. There are also numerous internal cross-references and cross-references to other Commission documents.
;margin-bottom:.0001pt??>A big improvement in convenience: both new sections of the Compliance Manual are available on-line at the Commission’s website at www.eeoc.gov. (The old manual is not available in electronic format). Also at the Commission’s website: Enforcement Guidance and Related Documents.