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.
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.
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.
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.”
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.
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.
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.
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.
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?
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.
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.
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.
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