Practical HR Tips, News & Advice. Updated Daily.
by Jeremy M. Brenner The law prohibits discrimination against employees and applicants based on a number of protected statuses. Employers often implement policies that are intended to benefit workers but actually cause illegal systemic discrimination. Unfortunately, no matter how genuine an employer’s good intentions are, they typically do not excuse it from discriminatory conduct. Read […]
by Courtney Bru The last few years have seen a dramatic expansion of rights on the basis of sexual orientation and gender identity. In 2013, the U.S. Supreme Court found unconstitutional the heterosexual definitions of “marriage” and “spouse” in the federal Defense of Marriage Act (DOMA). And earlier this year, the Court found same-sex marriage […]
by Mark R. Flora Perhaps you have already heard about the recent firestorm created during a diversity training session for city employees in, of all places, Austin, the capital of political correctness. The training was actually held in March, but the uproar followed an article in the Statesman in May. The hue and cry was […]
by Ryan B. Frazier The legal landscape related to sexual orientation and gender identity has been shifting in recent years. The impact of same-sex marriage on employers and other topics involving homosexual employees and their partners have been featured in previous issues of this newsletter. Recent lawsuits and statements by key governmental officials have now […]
by Tammy Binford The U.S. Department of Labor’s (DOL) new proposed rule updating sex discrimination guidelines for federal contractors takes aim at what the director of the Office of Federal Contract Compliance Programs (OFCCP) calls “regulatory anachronism.” The proposed rule appears in the January 30 Federal Register. The public will have until April 14 to […]
Another step in tightening the employment law obligations of federal contractors has begun with an Aug. 19 directive that protects individuals with claims of gender identity and transgender status from discrimination. The directive, from the Office of Federal Contract Compliance Programs under the U.S. Department of Labor, was spurred by an executive order issued by […]
by Rachel E. Burke The U.S. 6th Circuit Court of Appeals recently addressed the issue of whether a “sex- plus” claim of discrimination, in which a former employee claimed that she was discriminated against specifically for being an African-American female, can be made under Title VII of the Civil Rights Act of 1964. The case […]
by Dinita James In the mid-1970s, I wore an ERA bracelet in support of ratification of the Equal Rights Amendment (ERA). I also had a button that displayed only two numbers and a symbol ― 62 ¢. The 62 cents signified the then-current national average of women’s earnings for every dollar earned by men. Some […]
by Charles S. Plumb The Equal Pay Act of 1963 (EPA) prohibits sex-based discrimination in pay and benefits. Employers shouldn’t pay different wages to employees of the opposite sex for substantially equal work. “Substantially equal” work doesn’t mean identical work. It means substantially equal in terms of required skills, effort, and responsibilities. An employer can […]
by Peter D. Lowe and Connor Beatty On Thursday, January 30, Maine’s Supreme Judicial Court issued a groundbreaking and controversial decision. The Law Court ruled that a school district discriminated against one of its students when it told the student she couldn’t use the female restroom because she is transgendered. Although this decision directly affects […]