October 26, 2021

Volume XI, Number 299

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October 26, 2021

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October 25, 2021

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OSHA Announces Second Delay in Enforcement of Non-Discrimination Provisions

As we noted on the blog in July, OSHA announced that it would delay the enforcement of the controversial non-discrimination provisions of its electronic recordkeeping rules until Nov. 1, 2016. The original effective date was Aug. 10, 2016. We previously mentioned that the first delay appeared to be in response to a lawsuit and motion for preliminary injunction challenging the legality of the regulations filed in the Northern District of Texas (Texo ABC/AGC, Inc. et al v. Dept. of Labor, et al., Civil Action No. 3:16-cv-1998).

Last week, in response to a request from the judge, OSHA agreed to extend the deadline for enforcement of the non-discrimination provisions until Dec. 1, 2016, to permit supplemental briefing on the two issues: 1) whether a nationwide injunction is warranted in this case; and 2) whether such an injunction can be lawfully imposed by the court.

The judge’s proposed questions appear to signal a positive development for employers hoping for a further delay of the non-discrimination provisions.

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume VI, Number 298
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About this Author

Mark Kittaka, Barnes Thornburg Law Firm, Fort Wayne and Columbus, Labor and Employment Law Attorney
Partner

Mark S. Kittaka is a partner and the administrator of the Labor and Employment Law Department of Barnes & Thornburg LLP’s Fort Wayne, Indiana office. Mr. Kittaka’s practice covers all areas of labor and employment law including federal and state litigation concerning discriminatory practices and retaliation claims, including, but not limited to: Title VII race, sex, color, and religious discrimination claims; the Americans with Disabilities Act (ADA) (disability discrimination, reasonable accommodation, interactive process); Age Discrimination in Employment Act (ADEA); the Family and...

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