22

May

2018

Be Careful How Job Qualifications are Written: ADEA Protects Applicants

Author: Anthony Kaylin

A question that has been pending for many years has been whether applicants, and not just employees, can avail themselves to the Age Discrimination in Employment Act (ADEA) disparate impact provisions. 

20

Mar

2018

Diversity and Inclusion is Not the End Game – A High Performing Employee Community Is

Author: Anthony Kaylin

It is very surprising to see employers think that diversity and inclusion (D&I) is an end game of an organization that will lead to greater profitability, stability, and harmony.  The truth, though, is the opposite.  D&I is simply a tool for engagement strategies that may or may not create an environment of greater productivity and engagement.  The employee community is greater than D&I and encompasses the passion and drive of employees to meet both internal and...

13

Mar

2018

6th Circuit Recognizes Gender Identity Discrimination

Author: Anthony Kaylin

Following the leads of the U.S. 2nd Circuit and 7th Circuit Court of Appeals, the 6th Circuit Court of Appeals (which includes Michigan) continues the expansion of the definition of “sex” under Title VII and recognizes that discrimination on the basis of transgender and transitioning status or gender identity is discrimination on the basis of sex. 

27

Feb

2018

Second U.S. Circuit Says Title VII Covers Sexual Orientation

Author: Anthony Kaylin

In a case decided Monday by the U.S. 2nd Circuit Court of Appeals, the full court in an en banc hearing definitively decided that Title VII of the Civil Rights Act of 1964 covers sexual orientation as a protected class.  What makes this case extremely interesting is that the EEOC and U.S. Department of Justice both filed briefs taking diametrically opposing positions.

16

Jan

2018

Male, Female, or Nonbinary? How to Handle Gender Reporting in the Workplace

Author: Kristen Cifolelli

Over the last several years, employers have become much more conscious and pro-active about creating work environments that are diverse and LGBTQ inclusive. While there have been many articles and guidance that have been published to help employers when a transgender employee goes through a gender transition process, most employers are not prepared for how to respond when an employee wishes to identify themselves as neither gender.  The term non-binary is used to describe an...

2

Jan

2018

Using Facebook Job Ads May Enable Age Discrimination

Author: Kristen Cifolelli

Employers who use Facebook job ads to help with their recruiting practices need to be cautious in how they use this approach to reach applicants.  A recent federal court lawsuit filed in San Francisco charges 13 companies including Amazon, T-Mobile, and Cox Communications, Inc. with using Facebook’s ad targeting tools to exclude older Americans from job opportunities.  

12

Dec

2017

How a Case Over a Wedding Cake Could Affect Employers

Author: Anthony Kaylin

Last week the U.S. Supreme Court heard arguments concerning a Colorado baker who was willing to sell a same sex couple a wedding cake, but had refused to design it to the couple’s specifications because of religious beliefs.  The baker, Jack Phillips, the owner of Masterpiece Cakes, in court records stated that he "gladly serves people from all walks of life, including individuals of all races, faiths, and sexual orientations. But he cannot design custom cakes that express ideas or...

10

Oct

2017

Are Diversity Efforts Really Making Inroads Against Discriminatory Behavior?

Author: Anthony Kaylin

According to a recent study published by Proceedings of the National Academy of Sciences journal, the answer appears not so much.  The study entitled “Meta-analysis of Field Experiments Shows no Change in Racial Discrimination in Hiring Over Time” was conducted by Northwestern University, Harvard University, and the Institute for Social Research.  The research analyzed data from some 30 separate studies of hiring outcomes conducted between 1989 and 2015 and assessed...

3

Oct

2017

Ways to Remove Unconscious Bias from the Hiring Process

Author: Kristen Cifolelli

Most employers understand the importance of having a diverse workforce and take positive steps to implement diversity initiatives in their training and recruitment programs.  Despite these efforts, unconscious bias can still come into play when it comes to both hiring and employment related decisions.

13

Jun

2017

Do Ban-the-Box Laws Work as Intended?

Author: Susan Chance

Ban-the-Box laws were instituted with the idea that by delaying the point in the hiring process in which an employer can ask an applicant about conviction history, the applicants would have a fair chance at gaining employment, but do the laws work? 

16

May

2017

Why Aren't More Women in the Workforce?

Author: Anthony Kaylin

According to US Census statistics, 57% of women work outside the home, compared with 69.2% of men. Fed Chairperson Janet Yellen stated that “[o]ne recent study estimates that increasing the female participation rate to that of men would raise our gross domestic product by 5%.”  So why aren’t more women in the workforce?

2

May

2017

Is it Legal to Pay a Woman Less if Based on Salary History?

Author: Heather Nezich

Solely based on Federal law…yes.  A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history.  This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.

7

Mar

2017

Has OFCCP’s Mission Run Its Course?

Author: Anthony Kaylin

A current question before the Trump Administration is whether the OFCCP has outlived its usefulness.  The Heritage Foundation rightly asks whether there is a need for the OFCCP given that many of its current initiatives are the purview of other agencies. Moreover, there is a real question of the effectiveness and ROI of the agency. 

28

Feb

2017

Trouble Caused by Post-it® Notes for Texas Roadhouse Restaurant Chain

Author: Kristen Cifolelli

Employers have long known about being careful when it comes to appropriate non-discriminatory hiring practices and the legal risks involved when they are not.  Interview notes can become problematic when they contain inappropriate comments or evidence that potentially discriminatory hiring practices may have been used.  The restaurant chain Texas Roadhouse has found out the hard way how something as simple as a Post-it® could become key evidence in an age discrimination lawsuit.

28

Feb

2017

Does Diversity Need a New Paradigm?

Author: Anthony Kaylin

Although the Trump administration reaffirmed the LGBTQ Executive Order by President Obama, it still remains to be seen whether the administration will support diversity efforts as they currently stand as well as affirmative action requirements under Executive Order 11246. Most recently, the administration backed off its request to the Fifth Circuit to narrow the scope of the nationwide injunction blocking Obama administration guidance that allows students to use the restroom that matches...
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