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...

21

Feb

2017

Stop Putting Employees in A, B, or C Silos

Author: Heather Nezich

What good has ever come from labeling others?  Does is seem to right to label a student “stupid” or “lazy” or “average”?  If we label them that, aren’t they likely to only perform at that level?  Do we unconsciously not encourage them to do better once we’ve labeled them?  It’s the same with employees.  Labeling your employees as “A”, “B”, and “C” players can be very detrimental...

21

Feb

2017

The Prevalence of Mental Illness in the Workplace

Author: Mary Corrado

I was recently surprised to find out that an estimated 1 in 5 employees suffers from some form of mental illness.  This led me to dig a little deeper into this topic and find out what is causing this and what corporate leadership can do to prevent it and handle it when it happens.

24

Jan

2017

Over/Under 40 ADEA Analysis May be Too Limiting for Discrimination Review

Author: Anthony Kaylin

Under the Age Discrimination in Employment Act (ADEA), the law protects those employees who are at least 40 years of age.   The law has been interpreted that it protects these employees when, for example, they are replaced by employees who are less than 40 years old.  The U.S. 6th Circuit Court of Appeals, which includes Michigan, agrees with this interpretation.  However, a new case from the U.S. 3rd Circuit Court of Appeals takes a different approach, and the case may...

10

Jan

2017

More Companies Hiring Employees with Autism Spectrum Disorder

Author: Heather Nezich

Earlier this week Anthem announced its partnership with Mind Shift, a company that helps businesses employ the strengths of people on the autism spectrum.  They plan to recruit and hire autistic individuals for jobs in health care analytics.  For adults on the spectrum, finding quality employment is very difficult.  More and more companies are creating programs to provide satisfying employment to this growing population.

30

Aug

2016

Empathy Bellies at Work?

Author: Heather Nezich

Empathy is hard to learn and nearly impossible to teach.  It’s a skill that is part of the national workforce’s soft skills gap that is continuing to widen.  But some companies, like Ford, are developing new creative ways to bridge this skills gap.

9

Aug

2016

Massachusetts Passes Law That Intrudes on Employer Compensation Practices

Author: Michael Burns

Last week Massachusetts passed a comprehensive pay “equity” law (S. 2119 also called “An Act to Establish Pay Equity). This law moved the state from the free market “equal pay for equal work” side of the ledger to the subjective and controversial “comparable worth” side (called “comparable work” in the MA law). Among other requirements, it prohibits employers from asking a basic question of its employment candidates—“What was...

26

Apr

2016

Is Your Career Website Accessible?

Author: Anthony Kaylin

The legal issue of accessible websites has gone through many interpretive iterations over the years. But the current viewpoint goes back to the Target case in 2006 which the National Federation of the Blind (NFB) sued Target, alleging first that target.com was inaccessible, and second that the inaccessibility of target.com violates the Americans with Disabilities Act.  In 2008 Target settled, becoming the first in a long line of cases requiring website accessibility to retailers’...
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