Was It A Good Year Or Bad Year? The 2013 Employment Law Year In Review

It's pretty common each December to take stock and look back at the year that is ending, whether it's recounting the happy times and counting one's blessings, or reliving the disappointments and ruing over the regrets (and sometimes a bit of both). The world of employment law is no different. Now that 2013 is all but wrapped up, let's take a look back at the preceding 12 months and see who had a good year and who had a bad year.

Healthcare Advocates - SICKENINGLY BAD YEAR

The crown jewel of the Obama Administration has been the passage of the Affordable Care Act, and 2012 saw the healthcare law upheld by the Supreme Court. So we entered 2013 knowing that this was the year to get to work with implementation and compliance, as January 1, 2014 was to be the effective date for much of the law's requirements.

Much of that work was thrown off when the Treasury Department announced in July that enforcement of the employer "pay or play" mandate penalties - and also the coverage obligations to avoid such penalties - would be delayed until 2015. This setback was compounded in October when the federal government's healthcare website rolled out in disastrous fashion, preventing an untold number of Americans from enrolling in new health-insurance exchanges. The prognosis for 2014 is bound to be better, if only because it's hard to imagine a year going more poorly.

LGBT Workers - REALLY GOOD YEAR

One of the biggest news stories of the year was the Supreme Court's rebuke of the Defense of Marriage Act in the June U.S. v. Windsor decision, which overturned the federal prohibition of same-sex marriages. This ruling largely knocked down the walls for same-sex marriage and has led to a flood of lawsuits and legislative action seeking to expand its scope across the country. As of the time of publication, 15 states and Washington D.C. allow gay marriage, and several more teeter on the edge through litigation or lawmaking. Meanwhile, several branches of the federal government have acted in the wake of Windsor, announcing the extension of FMLA rights, tax recognition, and the application of benefits for same-sex couples and their families.

Another victory for LGBT workers occurred in November, when the U.S. Senate passed the Employment Non-Discrimination Act (ENDA), which would make it illegal to discriminate against LGBT workers across the country (at least 21 states have mini-ENDAs in effect already), although the prospects in the House look uncertain. President Obama has already signaled his intent to sign the bill if it reaches his desk, and if the House blocks passage, it is possible that the President will issue some form of Executive Order advancing this cause in 2014.

EEOC - REALLY BAD YEAR

The Equal Employment Opportunity Commission flexed its muscle over the past several years, exerting its authority over all sorts of workplace issues, and now the federal agency is facing the consequences.

In late 2013, the State of Texas filed a lawsuit against the EEOC in an effort to preserve its absolute ban on hiring felons for certain state positions, claiming that the EEOC's guidelines on the subject unreasonably limit employers from excluding convicted felons from the workplace. And in August, a Maryland District Court judge made a mockery of the EEOC's criminal-background check guidance while ruling it unenforceable, lambasting it as "laughable, distorted, worthless, and dishonest." Not to mention the nine state attorneys general who collectively protested the EEOC's stance on...