Pay equity disputes are rarely about a single salary decision. They turn on whether an employer’s explanation for a pay gap holds together once the facts are examined.
A recent Seventh Circuit decision shows how reorganizations that blend promotions and transfers into the same role can expose cracks in that explanation. Continue reading
At a moment when federal agencies are actively dismantling disparate impact enforcement as a policy matter, New Jersey just went in the opposite direction – loudly, deliberately, and in writing.
Last month, the New Jersey Division on Civil Rights finalized new rules that spell out how disparate impact claims work under the New Jersey Law Against Discrimination in the employment context. These rules do not create new liability. What they do is remove any remaining ambiguity about how neutral workplace policies will be judged under state law. Continue reading
The EEOC’s decision to pull back from investigating disparate impact claims has been loud, controversial, and headline-worthy. And for employees watching their charges get administratively closed in real time, it can feel like the agency has simply walked away. But federal courts are not there to referee agency priorities or second-guess investigations.
TL;DR: A federal court dismissed an employee’s lawsuit against the EEOC after the agency administratively closed her disparate-impact charge following a shift in enforcement priorities. The court held that charging parties have no judicially cognizable right to a particular EEOC investigation, and no standing to force the agency to reopen one. Whatever the EEOC does or does not do, Title VII of the Civil Rights Act of 1964 claims are litigated de novo against the employer – not the agency.
Now you can listen to The Employer Handbook—check out this week’s podcast recap! Continue reading
President Trump’s latest executive order could change how the federal government handles workplace discrimination — but not in the way you might think.
Before you assume that disparate impact claims are gone for good, let’s unpack what the order does (and doesn’t) do. Continue reading
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.
U.S. Department of Labor, CC BY 2.0, via Wikimedia Commons
Over the weekend, Lilly Ledbetter, a woman who unintentionally became a champion of equal pay for men and women, died at 86. Continue reading
We began July with New York City starting to enforce its law that requires companies hiring with artificial intelligence to notify candidates, provide candidates with particular information about data collected and analyzed, and independently audit the technology. It’s all in the name of removing bias from the hiring process, which the U.S. Equal Employment Opportunity Commission has warned employers about, too.
Now, two Senators are co-sponsoring legislation they claim will “protect and empower workers by preventing employers from relying exclusively on artificial intelligence or bots to make employment decisions.” Continue reading
Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. Continue reading
You’ll have to pardon the headline.
I’m not nearly as articulate as the Third Circuit was in yesterday’s opinion in Karlo v. Pittsburgh Glass Works, LLC, using words like “cognizable” and “disproportionate adverse impact.” And, even though the Third Circuit sits in Philadelphia, you won’t find local lingo like “old head” or “jawn” anywhere in the opinion.
Although, I’m pretty sure page 6 has a cheez whiz stain on it.
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