Page 136 - An Indispensible Resource for Being a Credible Activist

War era II veterans (7.3 percent). One-half of the female veterans of Gulf War era II were in
management, professional, and related occupations, compared with 40 percent of female
nonveterans. See also the sections in this chapter entitled “Uniformed Services Employment
2
and Reemployment Rights Act,” on pages 122–123, and “Office of Federal Contract
Compliance Programs,” on pages 120–121. Chapter 5’s discussion of FMLA, and Chapter 4’s
discussion of ADA/ADAAA.

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT COMPLIANCE

Compliance assistance for the Worker Adjustment and Retraining Notification Act (WARN)
can be found at www.dol.gov/compliance/laws/comp-warn-regs.htm. The Employment and
Training Administration of the Department of Labor is publishing a final regulation carrying
out the provisions of WARN. WARN provides that, with certain exceptions, employers of 100
or more workers must give at least 60 days’ advance notice of a plant closing or mass lay-
off to affected workers or their representatives, to the state dislocated worker unit, and to
the appropriate local government. 3

AGE DISCRIMINATION ACT COMPLIANCE

According to the Job Accommodation Network, “The Age Discrimination Act (ADEA) pro-
tects individuals who are 40 years of age or older from employment discrimination based on
age. The ADEA’s protections apply to both employees and job applicants. The ADEA per-
mits employers to favor older workers based on age even when doing so adversely affects a
younger worker who is 40 or older” (but younger than the older worker). “It is also unlaw-
ful to retaliate against an individual for opposing employment practices that discriminate
based on age or for filing an age discrimination charge, testifying, or participating in any
way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to
employers with 20 or more employees, including state and local governments. It also applies
to employment agencies and labor companies, as well as to the federal government.” 4

COMPREHENSIVE OMNIBUS BUDGET RECONCILIATION
ACT COMPLIANCE
According to the U.S. Department of Labor’s Job Accommodation Network,

the Supreme Court has ruled that an employer cannot cancel a former employee’s
medical coverage under the Comprehensive Omnibus Budget Reconciliation Act
(COBRA), even if the former worker is covered under a spouse’s health plan when
separated from employment. As a result of the holding, a former employee may choose
to continue health-care coverage provided by his or her previous employer if coverage

CHAPTER 9 • Roundup of Additional Legal Issues, Procedures, and Obligations 119