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.
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.”
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.
The Sixth Circuit Court of Appeals reversed a lower court’s decision determining that an auto parts supplier in Caro, MI, had not committed age discrimination under Michigan’s Elliot-Larsen Civil Right Act. Walbro LLC fired the plaintiff, a department manager and 41-year veteran, allegedly based upon his age. He was 60 years old at the time. Lowe v. Walbro LLC (Case 19-2386)
It is generally thought of that HR is on the side of management, although at times they will mediate between management and employees. However, what are the rights of an employer when an HR employee assists an employee with the filing of an EEOC charge against the employer?
Employers have had to make difficult decisions in the past couple months, and older workers seem to be a primary target for reduction in workforce. Before the economic shutdowns, the unemployment rate for those 55 and older was around 3.5%. Now it is 13.6%. Women over 55 are higher at 15.5%.
For years, if not decades, the debate over whether Michigan’s Elliot Larsen Civil Rights Act (ELCRA) covers LGBT has raged. Court challenges have been the preferred method to change the law, but the courts have been split over whether the characteristic of Sex enumerated in the law was intended to also cover sexual orientation.
Last month the Equal Employment Opportunity Commission (EEOC) concluded six years of litigation against a national retailer by settling for a $6 million dollar judgement and requiring the employer to change some of its pre-employment screening practices.
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