Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15.

The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of more than seven million businesses and 80,000 state and local governments, according to the U.S. Justice Department.

The regulations provide a safe harbor so that facilities in compliance with the 1991 standards don’t have to meet the new standards until renovations are made. However, if an employee or applicant makes an accommodation request, the new standards may be used to determine a reasonable accommodation.

The Justice Department has posted the 2010 standards online. Here are examples of a few of the new requirements:

• - The new standards lower the required height for elements such as light switches from 54 to 48 inches.
• - More van-accessible spaces are required in parking lots.
• - New or altered work areas must “include accessible common use circulation paths within employee work areas, subject to certain specified exceptions.” That differs from the old standards, which required work areas “to permit an employee using a wheelchair to approach, enter, and exit the area.”
• - In single-user toilet rooms, the new standards require that the water closet “provide clearance for both a forward and a parallel approach and, in most situations, the lavatory cannot overlap the water closet clearance.” In addition, a door swinging inside a single-use toilet room “may swing into the clearance around any fixture if clear floor space is provided within the toilet room beyond the door’s arc.”

The United States District Court in the District of Columbia has now held that the NLRB rule requiring a posted notice of employees’ rights under the National Labor Relations Act may go into effect as scheduled on April 30.  Virtually all employers, whether or not unionized, must post the notice.  The Court also held that the NLRB cannot treat the failure to post the notice either as an unfair labor practice or to extend the statute of limitations for filing Charges.

While the Department of Labor (DOL) has released FMLA forms carrying an expiration date of December 28, 2015, to replace those with a December 31, 2011, date, the new forms appear to be identical to the old forms except for the expiration date.

Unfortunately, they do not include the “safe harbor” language required by the Genetic Information Nondiscrimination Act (GINA).
The Equal Employment Opportunity Commission recommends the following language in connection with any request for medical information:  “The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. Genetic information, as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.”

The Department of Homeland Security's U.S. Citizenship and Immigration Services has redesigned employment authorization documents (EADs) and Form N-560 certificates of citizenship with new features to strengthen security and deter fraud, USCIS Director Alejandro Mayorkas announced.

The agency began issuing the new EADs and redesigned certificates of citizenship in October and USCIS expects more than 1 million people will receive the new documents over the next year.

The new EAD features optically variable ink, a holographic image, a laser-engraved tamper-resistant photograph and fingerprint, and a unique background design.  In addition, the card number and case number now are listed on the front of the card.

USCIS said it will replace EADs already in circulation as individuals apply for their renewal or replacement. All previously issued EADs remain valid until their expiration date.  Previously issued certificates of citizenship remain valid indefinitely.

Kathleen M. Mills (610) 797-9000 x308

Deirdre Kamber Todd (610) 797-9000 x383