Pay equity has become an important issue in California employment law. It is now a concept of both general fairness and discrimination. For example, employers may not ask about prior salary history because it has been linked to discriminatory factors and reliance on it perpetuates that discrimination. Similarly, the California Equal Pay Act (EPA) requires […]
Today, more HR managers and organizations understand the need for diversity and inclusion in the workplace, but we still have a way to go. We must be the change we want to see in the world. This starts with increasing your awareness, respecting one another, listening to one another, and focusing on the power of […]
An employee who claims she was discriminatorily deprived of a promotion must file the claim within a limited period after the discriminatory conduct occurred. Some courts say the claim arises when the employer decides not to provide the promotion. Other courts say it’s when the employer actually fills the job. Which is correct? Neither, said […]
If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under the Act, however, reassignment isn’t a preferred accommodation. As the U.S. 4th Circuit Court of Appeals emphasized in a recent case, you […]
Long before Veronica Calderon held a job with the words “diversity,” “inclusion,” and “equity” (DI&E) in the title, those concepts were part of her nature. She says she’s long been one “to champion the causes of the underdog and disenfranchised.”
The bona fide occupational qualification (BFOQ) defense barred a female corrections officer’s sex discrimination claims because the county employer had proven its two-female policy was both reasonably necessary and legally required, the 6th Circuit recently ruled.
As any high schooler with a smartphone will tell you, your words can haunt you long after you utter them. One high school recently learned the same is true for its employees, thanks to the Lilly Ledbetter Fair Pay Act. Read on to see why the U.S. 7th Circuit Court of Appeals (whose decisions apply […]
Virginia Attorney General (AG) Mark Herring has launched a new Office of Civil Rights to help protect residents from discrimination. The move is seen as a response to the cultural awakening the nation experienced in 2020 after high-profile police shootings and the recognition that once-common offensive behavior toward certain gender groups is no longer acceptable […]
The Equality Act, which would prohibit discrimination based on sexual orientation and gender identity, passed the U.S. House of Representatives on February 25, but regardless of its chances of ever becoming law, employers are advised to review their policies and practices to guard against discrimination, attorneys who advise employers say.
The Ohio General Assembly recently overhauled its employment discrimination laws and adopted several employer-friendly provisions. Governor Mike DeWine signed the Employment Law Uniformity Act (also known as House Bill 352) on January 12, 2021, and it will become effective on April 15.