American Society of Employers
Why HR Needs to be Judicial in Its Use of Artificial Intelligence

30 March 2021

Why HR Needs to be Judicial in Its Use of Artificial Intelligence

Author: Anthony Kaylin

The Biden administration is taking a hard look at the discriminatory aspects of artificial intelligence or AI.   In the past few years, AI bias has been in the news.  For example, Amazon dropped an AI recruitment program because it found that it was biased towards white males.  Other cases reported bias against African Americans in healthcare algorithms.  Facial recognition software has an underwhelming library of faces and has been identified as a leading cause of...
Pay Equity a Focus of the Biden Administration

23 March 2021

Pay Equity a Focus of the Biden Administration

Author: Anthony Kaylin

Today, March 24, 2021 is Equal Pay Day.  Equal Pay Day denotes how far into the new year women must work to be paid what men were paid the previous year. Started by the National Committee on Pay Equity (NCPE) in 1996, the goal was to raise awareness about the gender wage gap.  Although there are various analyses of what the gap is, all agree there is a gap.

OFCCP Experiences Major Loss in Oracle Audit Case

6 October 2020

OFCCP Experiences Major Loss in Oracle Audit Case

Author: Anthony Kaylin

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...
New Executive Order Targets Diversity Training

29 September 2020

New Executive Order Targets Diversity Training

Author: Anthony Kaylin

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.”

Is Diversity a Serious Goal for Organizations?

22 September 2020

Is Diversity a Serious Goal for Organizations?

Author: Anthony Kaylin

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.

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

8 September 2020

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

Author: Anthony Kaylin

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...
Hiring for Culture Fit – Good or Bad?

11 August 2020

Hiring for Culture Fit – Good or Bad?

Author: Sheila Hoover

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.

Resolving Workplace Discrimination and Unconscious Bias Takes Work, Survey Shows

28 July 2020

Resolving Workplace Discrimination and Unconscious Bias Takes Work, Survey Shows

Author: Kevin Marrs

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.
30-Year Anniversary of the Americans with Disabilities Act

21 July 2020

30-Year Anniversary of the Americans with Disabilities Act

Author: Anthony Kaylin

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. 

Why Words Matter

14 July 2020

Why Words Matter

Author: Anthony Kaylin

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.

Will the Recession Offset Racial and Economic Equity Gains?

7 July 2020

Will the Recession Offset Racial and Economic Equity Gains?

Author: Anthony Kaylin

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.

Step Up Against Hiring Discrimination

30 June 2020

Step Up Against Hiring Discrimination

Author: Sheila Hoover

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?

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

30 June 2020

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

Author: Anthony Kaylin

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.

“No-Label” Explosion Versus Diversity in the Workforce

23 June 2020

“No-Label” Explosion Versus Diversity in the Workforce

Author: Anthony Kaylin

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.

Supreme Court Rules That Title VII Covers LGBTQ Employees

16 June 2020

Supreme Court Rules That Title VII Covers LGBTQ Employees

Author: Anthony Kaylin

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...
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