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.
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.
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...
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?
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...
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.
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?
Under the Equal Pay Act (EPA), courts have generally allowed employers to prove that some “factor other than sex” justified the pay differentials. However, a recent Federal 8th Circuit of Appeals case narrowed the parameters that employers can use to defend EPA lawsuits and allowed broadening of testimony to show the employer is committing systemic discrimination.
The intriguingly named “cat’s paw” theory of discrimination looks at whether an adverse employment action, in this case a retaliatory discharge, that was initiated by “ultimate decision makers” was in fact being influenced by lower level supervisors with discriminatory intent. This theory is relatively new but has been successfully used by plaintiffs in a broad range of other equal employment opportunity cases. The case at hand, Gloria Marshall v. The Rawlings...
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.
An employer’s “branding” of their hiring campaign as the “place to work for millennials” resulted in a class action age discrimination lawsuit. Pricewaterhouse Coopers hires thousands of college graduates each year. To do so successfully, it has put programs in place designed to attract the younger workforce.
Do you worry about hiring the right people? Do you worry about retaining and engaging your current workforce? All in an effort to drive business performance? Maybe it is time to look at your organization’s pay equity.
Although Equal Pay Act (EPA) EEOC charges are small in number, the trend is growing. Over the past three years, the number of charges filed rose from 938 to 1,075 or 15%. These type of cases tend to have large victim classes. Acting Chair Victoria Lipnic, in a webinar hosted by Seyfarth Shaw on February 9, 2017, identified that the EEOC has not brought many equal pay cases, but stated, "I am very interested in equal pay issues. It's something I would consider a priority."
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.
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.