6 October 2020
In 2014 the Office of Federal Contract Compliance Programs (OFCCP) initiated an audit of Oracle headquarters. As the audit progressed, OFCCP contended that Oracle violated Executive Order 11246 by having discriminatory pay practices. On March 11, 2016 OFCCP issued a Notice of Violation against Oracle which led a Show Cause Order on June 8, 2016. OFCCP filed a lawsuit with the Office of Administrative Law Judges on January 17, 2017 after conciliation efforts broke...
29 September 2020
On September 22, 2020, President Trump issued an Executive Order (EO) titled “Executive Order on Combating Race and Sex Stereotyping.” The EO arose because various federal agencies had a private diversity-consulting firm conduct a training session last June titled “Difficult Conversations About Race in Troubling Times.”
22 September 2020
Given all the events in the past few months, diversity has been a focus for many organizations. More specifically, there have been a number of pledges to have greater diversity. Jaime Dimon, the CEO of JPMorgan Chase, took a knee with employees to protest racial injustice in law enforcement. There have also been a number of marketing changes by organizations to promote the diversity theme.
8 September 2020
The Bostock decision on LGBTQ rights under Title VII of the 1964 Civil Rights Act was a civil rights victory long coming. From the American perception of same sex marriage to LGBTQ rights, the country took a mighty swing to a new direction since the 1990s when the Defense of Marriage Act was enacted by Congress under the Clinton Administration. The decision itself was groundbreaking in that it was a 6-3 decision with two of the “conservative” justices voting with the...
11 August 2020
Culture fit in a company is just as important, if not more important, as skills fit. We can train on the skills, as long as the basics are there. We cannot change how a new employee fits into our culture.
28 July 2020
The American Management Association (AMA) released a survey highlighting the significant gap that exists between organizational policy and day-to-day practices. Their survey, the Diversity, Inclusion, and Belonging Survey, shows that simply having a diversity & inclusion (D&I) policy in place does not effectively solve the problem of discriminatory practices, whether deliberate or unwitting.
21 July 2020
Thirty years ago, the Americans with Disabilities Act (ADA) was passed and signed into law by President George H. W. Bush on July 26, 1990. It was a momentous event that was the number-one civil rights event of the decade.
14 July 2020
Implicit bias is a growing area of study and a recognized issue in the workplace. An interesting issue that has generated much research is whether certain words commonly used in job postings are discouraging candidates in protected groups, in particular women, from applying for certain jobs.
7 July 2020
Before the pandemic and the closing of the economies, the long economic expansion from 2009 to 2020 saw an unemployment rate drop below 4%. This growth created greater opportunities for those marginalized or otherwise not participating in the economy. African Americans and Hispanics, workers stuck in low-paid jobs, and those with disabilities or criminal records, had accelerated pay growth and job opportunities.
30 June 2020
As talent acquisition professionals, we are all trained to hire the candidate who best fits the position description and company culture, no matter what race, religion, national origin, age, disability, or sexual preference the candidate is. We know the consequences of not hiring the best skilled candidate because of bias in the workplace. But do we really step up to ensure it does not happen?
30 June 2020
Last month’s Bostock decision ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights. This decision has a number of subtle impacts that employers need to be cognizant of, including compensation and by extension employer sponsored health plans.
23 June 2020
It seems we are living in an age where 1960’s racial and gender reporting requirements are archaic. More workers are not identifying themselves by race/ethnicity and/or gender when applying for positions or when onboarding.
16 June 2020
In a surprising six-three decision written by Justice Neil Gorsuch, the Supreme Court ruled on Monday that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)). Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees. Michigan does not provide any...
21 January 2020
For years, if not decades, the debate over whether Michigan’s Elliot Larsen Civil Rights Act (ELCRA) covers LGBT has raged. Court challenges have been the preferred method to change the law, but the courts have been split over whether the characteristic of Sex enumerated in the law was intended to also cover sexual orientation.
3 December 2019
Is discrimination on the rise at the workplace? It appears so. According to a survey from Glassdoor and the Harris Poll of 1,100 U.S. employees across age groups, three out of every five workers have either witnessed or been a target of some form of discrimination at work, based on their age, race, sexual orientation, or gender identity. Yet EEOC filings have steadily decreased over the years.