Just in time for Equal Pay Day, a federal appeals court today ruled today that an employee’s salary history alone is insufficient to justify pay differences between male and female employees. “Reliance on past wages simply perpetuates the past pervasive…
Equal Employment Opportunity Commission (EEOC)
‘Ground-Breaking’ Ruling Says Transgender Discrimination Is Covered by Title VII
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights…
What You Need to Do to Prevent Sexual Harassment In the #MeToo Era
In December, TIME Magazine’s “Person of the Year” was “The Silence Breakers.” These were the “women (who) have had it with bosses and coworkers who not only cross boundaries but don’t even seem to know that boundaries exist … These…
Avoid EEOC Trouble By Smart Hiring, Sound Procedures and Soft Skills
The Equal Employment Opportunity Commission (EEOC) resolved 99,109 employment discrimination claims in fiscal year 2017, resulting in $398 million in compensation paid to claimants. Of the claims resolved, 47% were for retaliation by an employer against a complaining employee. These…
EEOC Sues to Protect Recovering Addict
As the U.S. Equal Employment Opportunity Commission’s fiscal year was coming to a close, the agency filed a slew of discrimination lawsuits. One that caught my eye involves an employer that allegedly rescinded an offer of employment once it found out the…
The Risks of Not Hiring: Adverse Action and Ban-The-Box
You already know how difficult it can be landing the right new hire. Nailing the job description. Asking the right interview questions (and avoiding the wrong ones). Reference checking. Salary negotiations. Onboarding. This isn’t easy work. But do you realize…
White House Suspends Pay Data Portion of EEO-1
Employers who were required to file pay and demographic data as part of a revised EEO-1 have been given a reprieve. The EEOC, under direction by the White House Office of Management and Budget, has suspended indefinitely the requirement to…
Court Sends Wellness Incentive Rules Back to EEOC
This week, a federal judge had some scathing words for the Equal Employment Opportunity Commission as he tossed back its rules on the wellness program incentives telling it to rethink the whole thing. Remind me: What are these incentive rules?…
If You Hire In California, You Need to Know About These New Background Screening Rules
Several common background check practices became illegal in California last month. Recent additions to the state’s Fair Employment and Housing Act address how employers use criminal histories in employment decisions. A laudable goal – reducing employment barriers for people with criminal…
What Happens Online Can Get You In Trouble
Before social media, harassment, sexual or otherwise, was pretty much confined to office hours. Now, work and personal life have become so entangled that what happens at work no longer stays at work. “Our employees are connected 24/7,” says Jeffrey Miller,…
Court Says You Can Fire A Worker You Believe Made Up A Discrimination Claim
It’s not just people who fabricate complaints of discrimination at work who can be fired, but those whom you believe fabricated discrimination claims. Everybody, roar it with me, “Yassssss!” In Villa v. Cavamezze Grill, LLC. the plaintiff was a low-level manager…
7 Workplace Sins That Could Land You In Court
If you think your organization is immune from workplace misconduct, think again. One in three women between the ages of 18-34 say they’ve been sexually harassed in the workplace. Moreover, many workers (40% to 60% in one study) say they’ve…
Update on Employment Laws Pending and Passed by the States
As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60 overall, with Michigan tallying the most…
3 Steps You Can Take to Close the Gender Pay and Opportunity Gaps
Gender pay data can be examined in a number of different ways, but no matter how you slice it, the pay gap still exists. The most recent research by compensation data and software company PayScale, where I work, shows that…
Court Says Pay History Can Justify Salary Differences
When you have a man and woman performing the same job, you pay ’em the same. Otherwise, you’re violating the Equal Pay Act. Except, an employer can argue that a pay differential is lawful when it’s “based on any other factor…
Five Tips for Eliminating Workplace Misconduct
If you’re like most human resources professionals, you want to create a workplace where misconduct can’t thrive — and that starts with a strong focus on culture. Most people entering the workplace are looking for a positive, supportive culture. And whether…
10 Business and Recruiting Reasons for Requesting Salary Information
The practice of firms either requesting or requiring applicants to provide their salary history is coming under tremendous pressure as part of the overall push for pay equity for women. As a result, there are many new and proposed laws…
Contractor Blacklisting Rules Coming to a Permanent End
Less than six months ago, federal contractors were clutching their pearls over the prospect of having to publicly disclose violations under 14 federal workplace laws, to be eligible for a government contract. The following month, in October 2016, a federal judge iced…
Trump Appoints EEOC Acting Chair
Originally nominated by President Barack Obama to serve as an EEOC Commissioner back in 2010, Victoria Lipnic has now been named by President Trump as Acting Chair. According to this EEOC press release, Acting Chair Lipnic’s prior experience includes service…
What We Can Expect From the EEOC In 2017
In recent years, it has been difficult to predict with certainty what employers can expect from the Equal Employment Opportunity Commission (EEOC). While it is unlikely the agency will dramatically shift gears during the coming fiscal year, the following are…