20

Mar

2018

The Job Market is Heating Up for Those Over 55

Author: Heather Nezich

While the recent EEOC case against Diverse Lynx, revealed that age discrimination still exists when they told an applicant born in 1945 that they were no longer interested and “age does matter,” many employers are now embracing an older work generation.

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. 

6

Mar

2018

Be Aware of Salary Increase Caps When Promoting Employees

Author: Anthony Kaylin

When promoting an employee to a new position, what pay should be established?  Many employers have policies such as “up to 14% from previous base when promoting, including merit.”  A policy like that becomes especially problematic when the employee being promoted from one position to another is not even close to the pay range of other employees in the same title.  

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.  

21

Nov

2017

HR Perceived as Enabling a Sexual Harassment Environment

Author: Anthony Kaylin

Many pundits accuse human resources of enabling a sexual harassment environment.  HR is “as bad as FEMA after Katrina,” said Gary Namie, a social psychologist and director of the Workplace Bullying Institute.  “HR is a management support function,” Namie said. “They’re all about liability protection, and they’re worried about protecting the organization.”  

14

Nov

2017

Family Responsibility Discrimination on the Rise and Employees are Winning

Author: Kristen Cifolelli

Employers take notice, according to a recent 2016 study released by the University of California, Hastings’ Center for WorkLife Law, employee lawsuits alleging family responsibility discrimination (FRD) are on a dramatic rise.  More importantly, employees are winning these cases.  Over the past decade, the study detailed that FRD increased by 269% resulting in nearly $500 million paid out in verdicts and settlements.  If the case goes to trial, employees win 67% of the...

31

Oct

2017

An Ounce of Prevention

Author: Susan Chance

Why should I run background checks on my applicants? What do other employers check on backgrounds? These are questions that I get quite often from our customers. “An ounce of prevention is worth a pound of cure.” ― Benjamin Franklin.

24

Oct

2017

Study Uses Sensors to See if Men and Women are Treated Differently at Work

Author: Heather Nezich

It has been proven that women are promoted less, underrepresented in the C-suite, and receive lower wages then men.  A recent study set out to discover why and see if women’s behavior is responsible.  The study, published by Harvard Business Review, revealed that biological differences between men and women do not affect the way they act at work and are not responsible for gender bias.  

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.

19

Sep

2017

EEOC and DOJ Oppose Each Other in Court

Author: Anthony Kaylin

The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) are opposing each other in a lawsuit over the meaning of the term “sex” in Title VII.  The DOJ argues that the Title VII definition of sex does not include sexual orientation. The EEOC argues that it does.  

5

Sep

2017

EEO-1 Report Due March 31, 2018 – No Pay Reporting Required

Author: Anthony Kaylin

Good news for employers!  On August 29, 2017, the Office of Management Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) announced that the pay reporting requirement of the EEO-1 will be delayed and not required in the March 31, 2018 EEO-1 reporting cycle.  This news was greeted as a sign of relief by the employer community.  The standard EEO-1 report, though, will still be required for filing on March 31, 2018.

25

Jul

2017

Common Mistakes Employers Make On Their Employment Applications

Author: Kristen Cifolelli

Smart employers use employment applications to gather consistent data in a uniform format about their applicants.  This allows for easier comparison of their backgrounds and skill sets in order to help make better hiring decisions.  Some of the other benefits of using applications include gathering information that an applicant wouldn’t typically include on their resume such as reasons for leaving a prior employer and gaining a signoff regarding the accuracy of the information...

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? 

30

May

2017

Should OFCCP and EEOC Merge?

Author: Anthony Kaylin

The Trump administration issued its first line item budget on May 23rd.  Among the items in the budget include the merger of the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) by the end of Fiscal Year 2018.  These agencies have two separate roles and separate laws they enforce, but overlap when it comes to discrimination enforcement. The EEOC investigates worker-reported violations of federal nondiscrimination statutes...

23

May

2017

The Impact of Motherhood on Pay

Author: Michael Burns

Gender pay disparity and the many reasons for it, continues to be studied by researchers.  A new study by researchers at Wellesley, Harvard, Boston College and the Institute for Social Research in Oslo, Sweden identifies motherhood as a big impediment to equal pay as women’s careers progress. 

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