20

Aug

2019

Ageism in Today’s Workplace

Author: Heather Nezich

The 2019 Hiscox Ageism in the Workplace Study™, revealed that 21% of U.S. workers age 40 and older have experienced discrimination in the workplace due to their age, and respondents believe they're most likely to experience it at age 51. The study also found that 62% of all workers did not receive any form of age discrimination training in the previous 12 months.

20

Aug

2019

Employee Memo Goes Viral - “I'm Not Returning to Google After Maternity Leave, and Here is Why”

Author: Kristen Cifolelli

In late July, a woman who worked in the Seattle/Kirkland branch of Google posted a memo titled “I’m Not Returning to Google After Maternity Leave, and Here is Why,” to an internal message board for expecting and new mothers.  After the initial posting, it was also posted to other internal message boards within the organization and from there went viral.  It has been viewed by over 10,000 employees, and it alleges that Google has discriminated and retaliated against...

2

Jul

2019

Are the Equal Pay Initiatives What They Seem to Be?

Author: Anthony Kaylin

When the Equal Pay Act (EPA) was passed in 1963, it made it illegal for employers to pay women lower wages than men for equal work on jobs requiring the same skill, effort, and responsibility.  Over the years, these cases were far and few between and difficult to win.  As a result, the previous administration as well as a growing number of blue (Democratic controlled) states have passed more rigorous pay discrimination laws, pushing for pay transparency as a solution for the wage...

25

Jun

2019

Employers – Ensure Your Grooming Policies Aren’t Discriminatory

Author: Kristen Cifolelli

Most employers have policies that outline requirements regarding dress and appearance.  These can range from business vs. casual dress, if body piercings or visible tattoos are allowed, and some outline grooming standards.  Some employer grooming standards not only require a neat appearance but may also detail whether certain hairstyles or certain hair colors are prohibited or whether male employees must be clean shaven or have short hair.  As employers define their dress code...

18

Jun

2019

Severance Agreement Term Does Not Circumvent Discrimination and Equal Pay Actions

Author: Michael Burns

The Sixth Circuit Court of Appeals, whose jurisdiction includes Michigan, ruled against a machine parts manufacturer last August when it overturned a lower court decision that held an employee’s severance agreement barred her lawsuit alleging Title VII discrimination and violation of the Equal Pay Act.

11

Jun

2019

JP Morgan Chase Settles for $5 Million in Largest Paternity Leave Lawsuit

Author: Kristen Cifolelli

In May 2019, JP Morgan Chase reached a tentative settlement of $5 million dollars to resolve a class action lawsuit alleging the bank’s parental leave policy was biased against dads.  It is the largest recorded settlement in a U.S. parental leave discrimination complaint. 

11

Jun

2019

Understanding Test/Assessment Validation

Author: Michael Burns

ASE receives many calls regarding assessment tools to evaluate employment candidates. There are many testing instruments in the market that test for job skills, intellectual acumen, and candidate-to-job personality fit.

21

May

2019

“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. 

14

May

2019

“I Get by With a Little Help From My Friends…”

Author: Michael Burns

Did you know friendship as a hiring factor can beat off a discrimination allegation? A recent Michigan Court of Appeals ruling affirms other court decisions holding the same.

7

May

2019

EEOC to Collect 2017 and 2018 Pay Data by September 30th

Author: Anthony Kaylin

Last Friday, May 3, the Federal Register published the EEOC’s notice for pay collection for the 2019 EEO-1 cycle.  The surprising turn of events began when The National Women's Law Center and the Labor Council for Latin American Advancement challenged OMB’s decision to rescind the Obama Era change to the EEO-1 reporting to add pay reporting as unfair and poorly reasoned in November 2017.  In March 2019 the judge granted summary judgement to the two groups requiring the...

30

Apr

2019

Employee Request for Less Stressful Boss Does Not Qualify for ADA

Author: Kristen Cifolelli

Under the Americans with Disabilities Act (ADA), an employee must show that they have a physical or mental impairment and that the impairment “substantially limits one or more major life activities” in order to qualify as a disability.   The recent ruling in  Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) by the Sixth Circuit Court of Appeals (which covers Michigan, Ohio, Kentucky and Tennessee), sends a good reminder to employers...

9

Apr

2019

Does a Pay Disparity Finding Mean That Pay Discrimination Occurred?

Author: Anthony Kaylin

The hottest issue in the EEO area is pay discrimination.  In the news it is often written that women earn approximately 20 cents or more less than a male counterpart.  When it is broken down by race, the disparity grows even larger.  However, does disparity mean discrimination?

19

Mar

2019

Failure to Stop Workplace Rumor About Employee “Sleeping Way to Top” Can Create Sex Discrimination Liability

Author: Kristen Cifolelli

Gossip is a natural part of human behavior and an inevitable temptation in every workplace.  Evolutionary scientists believe that gossip among early humans was a way to communicate social norms and keep bad behavior in check.  A 2012 study conducted at the University of Amsterdam and later published in the Journal of Applied Social Psychology found that 90% of office chit-chat is made up of gossip.  But employers should be aware that they have responsibility to investigate and...

19

Feb

2019

ADEA Does Not Apply to External Applicants

Author: Anthony Kaylin

The federal 7th Circuit Court of Appeals has affirmed that the Age in Employment Discrimination Act (ADEA) does not apply to applicants for a job.  The age issue of applicants is a hot issue because a number of cases have popped up where older applicants were passed over for jobs on the basis of age and sued.  The general theory for these cases is based on disparate impact, the fact that the job posting is neutral on its face, but in fact discriminates.

29

Jan

2019

Websites Under ADA Attack

Author: Anthony Kaylin

There have been a number of lawsuits filed testing the accessibility of websites and compliance under the Americans with Disabilities Act (ADA).  It is costly for organizations to defend these lawsuits, and especially will be as “tester” applicants muddy the waters. 

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