EverythingPeople This Week!

16

May

2017

Why Aren't More Women in the Workforce?

Author: Anthony Kaylin

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?

2

May

2017

Is it Legal to Pay a Woman Less if Based on Salary History?

Author: Heather Nezich

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.

7

Mar

2017

Has OFCCP’s Mission Run Its Course?

Author: Anthony Kaylin

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. 

28

Feb

2017

Trouble Caused by Post-it® Notes for Texas Roadhouse Restaurant Chain

Author: Kristen Cifolelli

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.

28

Feb

2017

Does Diversity Need a New Paradigm?

Author: Anthony Kaylin

Although the Trump administration reaffirmed the LGBTQ Executive Order by President Obama, it still remains to be seen whether the administration will support diversity efforts as they currently stand as well as affirmative action requirements under Executive Order 11246. Most recently, the administration backed off its request to the Fifth Circuit to narrow the scope of the nationwide injunction blocking Obama administration guidance that allows students to use the restroom that matches...

21

Feb

2017

Stop Putting Employees in A, B, or C Silos

Author: Heather Nezich

What good has ever come from labeling others?  Does is seem to right to label a student “stupid” or “lazy” or “average”?  If we label them that, aren’t they likely to only perform at that level?  Do we unconsciously not encourage them to do better once we’ve labeled them?  It’s the same with employees.  Labeling your employees as “A”, “B”, and “C” players can be very detrimental...

21

Feb

2017

The Prevalence of Mental Illness in the Workplace

Author: Mary Corrado

I was recently surprised to find out that an estimated 1 in 5 employees suffers from some form of mental illness.  This led me to dig a little deeper into this topic and find out what is causing this and what corporate leadership can do to prevent it and handle it when it happens.

24

Jan

2017

Over/Under 40 ADEA Analysis May be Too Limiting for Discrimination Review

Author: Anthony Kaylin

Under the Age Discrimination in Employment Act (ADEA), the law protects those employees who are at least 40 years of age.   The law has been interpreted that it protects these employees when, for example, they are replaced by employees who are less than 40 years old.  The U.S. 6th Circuit Court of Appeals, which includes Michigan, agrees with this interpretation.  However, a new case from the U.S. 3rd Circuit Court of Appeals takes a different approach, and the case may...

10

Jan

2017

More Companies Hiring Employees with Autism Spectrum Disorder

Author: Heather Nezich

Earlier this week Anthem announced its partnership with Mind Shift, a company that helps businesses employ the strengths of people on the autism spectrum.  They plan to recruit and hire autistic individuals for jobs in health care analytics.  For adults on the spectrum, finding quality employment is very difficult.  More and more companies are creating programs to provide satisfying employment to this growing population.

30

Aug

2016

Empathy Bellies at Work?

Author: Heather Nezich

Empathy is hard to learn and nearly impossible to teach.  It’s a skill that is part of the national workforce’s soft skills gap that is continuing to widen.  But some companies, like Ford, are developing new creative ways to bridge this skills gap.

9

Aug

2016

Massachusetts Passes Law That Intrudes on Employer Compensation Practices

Author: Michael Burns

Last week Massachusetts passed a comprehensive pay “equity” law (S. 2119 also called “An Act to Establish Pay Equity). This law moved the state from the free market “equal pay for equal work” side of the ledger to the subjective and controversial “comparable worth” side (called “comparable work” in the MA law). Among other requirements, it prohibits employers from asking a basic question of its employment candidates—“What was...

26

Apr

2016

Is Your Career Website Accessible?

Author: Anthony Kaylin

The legal issue of accessible websites has gone through many interpretive iterations over the years. But the current viewpoint goes back to the Target case in 2006 which the National Federation of the Blind (NFB) sued Target, alleging first that target.com was inaccessible, and second that the inaccessibility of target.com violates the Americans with Disabilities Act.  In 2008 Target settled, becoming the first in a long line of cases requiring website accessibility to retailers’...

1

Oct

2014

Harris Poll: Only Half of U.S. Workers Feel Valued at Work

Author: Anonym

According to a recently released employee recognition survey by the American Psychological Association’s Center for Organizational Excellence, just slightly more than half (51%) of those surveyed reported feeling valued by their employer, and more than a third (36%) haven’t received any recognition in the past year.  In addition, fewer than half of participants (47%) agreed with the statement, “In general, recognition is provided fairly in my...

28

May

2014

Change is Forever, But Gender is Not

Author: Anonym

“The only constant is change” is one of the more enduring clichés in our lexicon. Tired-sounding it is, to be sure, but it endures for a good reason: because it is true. And since change is constant, there is a constant need to adjust to it, which is stressful and energy-sapping. It could help to consider that there are different kinds of change. There is the kind that makes us arch our eyebrows at the irony it represents, but then it allows us to go back to our regular...

21

May

2014

Do Drug Tests Level the Playing Field?

Author: Anonym

Stereotyped perceptions pervade the hiring process.  A major one, reinforced by a 2011 study of hiring managers, is that African-American job candidates are less likely to pass a drug test.  An older study (from 1995) found that African-American youth overestimate their drug usage compared to other races. Still another factor pushing the stereotype is the fact that law enforcement behaviors, from stop-and-frisk to actual arrests, occur more frequently and are more reported in...

7

May

2014

Disability Management: the Latest HR Minefield

Author: Anonym

According to the Equal Employment Opportunity Commission (EEOC), disability is a focus in its Strategic Enforcement Plan.  Over the past four fiscal years, the number of ADA-related charges have averaged 25,811 per year. This is a 39% increase in the number of charges over the four-year period ending with FY 2009. There are a number of reasons for increase; the most likely is the passage of Americans with Disability Act Amendments Act of 2008 (ADAAA), which essentially shifted the...

30

Apr

2014

Remember This: People Like These People Are Why HR is Necessary

Author: Anonym

ou would think employers would be smarter in this day and age. All of the following occurrences actually happened, although as HR professionals you may have a hard time believing they did. But trust us—they were (some still are) real EEO cases. Think about what you would have done to prevent them or to put a permanent stop to them. And while you roll your eyes at how dumb some allegedly bright people can be, don’t forget—thank you, Donald Sterling—they’re still...

30

Apr

2014

Tricky Case of ADA Accommodation Goes Against Employer on Appeal

Author: Anonym

In a case involving accommodating a disability through schedule modification and telecommuting, the Sixth Circuit Court of Appeals ruled against the employer, saying that accommodating the employee’s disability in this way would not cause undue hardship to the employer. In making its ruling the Appeals court overruled a lower court decision in favor of the employer. The Sixth Circuit includes Michigan employers. Jane Harris, the plaintiff, worked for Ford Motor Company as a resale...

12

Feb

2014

Has the World Changed For the Better? First Openly Gay NFL Draft Prospect

Author: Anonym

We may find out a lot about ourselves as a society this spring. On May 8 through May 10 the National Football League will conduct its annual draft of college football players. Teams in that draft that need help at defensive end or linebacker will have to seriously consider Michael Sam, an All-American from the University of Missouri and the Associated Press' Defensive Player of the Year in the mighty Southeastern Conference (SEC). He has all the credentials to be a star in the NFL. However...

11

Dec

2013

Are LGBTs Already Covered under Title VII?

Author: Anonym

By striking down the Defense of Marriage Act (DOMA) provisions, the Supreme Court has upheld lesbian, gay, bisexual, and transgender (LGBT) rights in many major areas of the law. Single individual gay persons may adopt in all 50 states and the District of Columbia, although there are fewer states where they may adopt children jointly with their partners.  Hate crimes based on sexual orientation or gender identity are also punishable by federal law under the Matthew Shepard and James...

20

Nov

2013

Ban-the-Box Bill Intro’d in Lansing; Currently in Committee

Author: Anonym

Last week in Lansing, Rep. Fred Durhal Jr. (D-Detroit) introduced a “Ban-the-Box” bill in the House. HB 4366, if it were to become law, would prohibit employers from asking on their application forms if a prospective hire has a felony record. As reported in everythingpeople.™ This Week! and elsewhere in the last several months, the purpose of such a law is not to prohibit employers from finding out about the past transgressions of such applicants, or...

30

Oct

2013

Challenges Exist For Older Workers Despite Higher Job Satisfaction

Author: Anonym

We have all seen them.  They saunter around the office with a satisfied air, always smiling, not a care in the world.  We know who they are . . . older people.  Now a study has confirmed our suspicions.  According to The Associated Press-NORC Center for Public Affairs Research, nine in 10 American workers who are age 50 or older say they are very satisfied or somewhat satisfied with their jobs. Why all the happiness?  Research from the long-standing General Social...

30

Oct

2013

Too Many Cooks in the Diversity Kitchen?

Author: Anonym

The Dodd-Frank act, conceived as a hammer to keep the excesses of the financial industry in check, also seeks to promote diversity in a non-diverse environment. One of it requirements is that each of the 30 federal financial agencies and departments, including the Securities and Exchange Commission and all 12 Federal Reserve banks, must establish an Office of Minority and Women Inclusion. Each office will be responsible for developing standards for equal employment opportunity and...

16

Oct

2013

Is it Discrimination or is it Favoritism? Does it Matter?

Author: Kristen Cifolelli

When you are going to spend 8+ hours every Monday through Friday with the same people, isn’t it natural to want them to be people you like on a personal level? When a manager sets out to build an ideal team, wouldn’t that team function better if all its members shared similar personality traits, ways of operating, interests and challenges? It would seem so. But what if that approach produces a team demographic that is mostly the same gender, ethnicity, age or some other...

2

Oct

2013

Human Rights Ordinances Increasing in Michigan; HR Must Keep Tabs

Author: Anonym

The Elliott-Larsen Civil Rights Act is Michigan’s basic anti-discrimination law. As the state’s HR community knows, Elliott-Larsen does not—at least yet—protect the employment and housing rights of its LGBT (Lesbian, Gay, Bisexual and Transgendered) residents. There is a gap there; in its place is a growing patchwork of 28 different municipalities and townships around the state that have enacted their own ordinances prohibiting discrimination based on sexual...
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