The EEOC and the National Labor Relations Board recently issued a
memorandum of understanding regarding the handling and
enforcement of Americans with Disabilities Act ("ADA") cases in
which a union employee files a NLRB complaint that requires
interpretation of the ADA. These guidelines should result in
more consistent interpretations by two agencies. Highlights of
the guidelines:
- When a charge is filed with the NLRB requiring interpretation of the ADA, the NLRB (after investigation) will consult with the EEOC.
- When a charge is filed with the EEOC requiring interpretation of the NLRA, the EEOC (after investigation) will consult with the NLRB.
- The EEOC and NLRB will share information relating to employment practices and policies, including complaints, charges and investigative files.
- Each agency will observe the other's policies and practices regarding confidentiality.
- When an employee files a charge with the NLRB and with the EEOC for an event arising out of the same conduct, the NLRB will not process its charge until the EEOC investigation is complete.
- When an employee charges that an ADA accommodation creates an unfair labor practice, the EEOC will consult with the NLRB to determine what the NLRA requires.
- When an employee complains to the NLRB that the employer has failed to make accommodation under the ADA, the NLRB will provide written notification of an employee's right to file EEOC charges.