Tag Archives: sex discrimination

Is Your Office Halloween Party Frightening The HR Department?

Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho.   I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading

Recruiting with Technology? Don’t Forget the “Human” in Human Resources

Ver la versión en español aquí The public is generally familiar with the fact that Amazon.com, Google and other technology companies use computer programs and artificial intelligence to predict consumer behavior – think about the pop-up ads that seem targeted just to your interests. However, we recently learned that artificial intelligence (AI) recruiting tools may not … Continue Reading

#MeToo Movement Motivating State AGs to Seek Changes in Federal Law

Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims.  They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading

“What Did You Make at Your Last Job?” – Is That Still a Question?

Ver la versión en español aquí Amazon recently made a voluntary decision to ban the use of salary history questions during the employment application process. Why? The idea is that banning questions about salary history aims to close the gender pay gap. According to the Census Bureau, women make 80% of every dollar a man makes. … Continue Reading

Does Sexual Harassment Training Work?

Ver la versión en español aquí The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a … Continue Reading

What’s the Effect of the Sessions’ Memo on Transgender Discrimination?

Ver la versión en español aquí On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum advising that the U.S. Department of Justice will no longer take the position that Title VII (the law which prohibits discrimination based on sex, race, color, national origin, and religion) prohibits discrimination based on “gender identity per … Continue Reading

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading

EEOC Sues to Give Fathers the Same “Maternity” Leave as Mothers

Ver la versión en español aquí In last week’s blog, I highlighted Facebook CEO Mark Zuckerberg’s announcement that he’ll be taking 2 months off work following the birth of his daughter later this year (even though, presumably, he would be entitled to 12 weeks under the FMLA, and 4 months under Facebook’s policy). Well, paternity leave … Continue Reading

Did a Florida Appellate Court Just “Dis” an Employment Agreement’s Arbitration Provision?

Ver la versión en español aquí Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons.  Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove … Continue Reading

Google’s Pay Policy: Good? Or Too Good to Be True?

Ver la versión en español aquí In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records.  While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was … Continue Reading

The EEOC Rings Out 2016 with End of the Year Stats

Ver la versión en español aquí We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year … Continue Reading

Could the Applicant Salary History Question Become History?

Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading

When You Really Have to Go, Do You Ever Think About It?

Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading

Employees Behaving Badly II: Did He Really Say That?

Ver la versión en español aquí I am not a fan of reality TV. However, in this reality TV election season, it is hard to tear my eyes (and ears) away from the barbs being exchanged primarily between the Republican candidates. Whether you support him or not, you have to admit that Donald Trump says things … Continue Reading

First Monday in October Promises Important Rulings in Employee Cases

Ver la versión en español aquí Walter Matthau and Jill Clayburgh were gifted actors.  But the new term of the Supreme Court, which opens today, promises to generate some drama of its own as well. Somewhat lost amid the understandable attention received by the historic same-sex marriage and Obamacare rulings last year were several important Supreme … Continue Reading

Who Needs Congress When We Have The EEOC?

Ver la versión en español aquí Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s … Continue Reading

OMG! Your Policy Says What?

Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading

Common ¢ent$, Glass Ceilings, and a 9-Year Old Girl

Ver la versión en español aquí Women may not yet have achieved equality in the corporate boardroom, but women have broken through the glass ceiling to take-on the CEO position in a handful of the largest U.S. companies, including General Motors (Mary Barra), Xerox (Ursula Burns), Yahoo! (Marissa Mayer), Hewlett-Packard (Meg Whitman), PepsiCo (Indra Nooyi), … Continue Reading

6 Words That Cost an NBA Star $25,000

Ver la versión en español aquí Another sports blunder creates another blogging opportunity. In the 3rd quarter of the Los Angeles Clippers/Cleveland Cavaliers NBA game last Thursday night, the Clippers’ All-Star guard, Chris Paul, received a technical foul after he questioned a rookie referee. The referee happened to be a female, Lauren Holtkamp. Do you … Continue Reading

Gender Identity/Transgender Discrimination: A New Federal Enforcement Priority

Ver la versión en español aquí Title VII does not protect against sexual orientation discrimination (though many state and local laws do). The battle to amend this most prominent of employment laws to protect sexual orientation has been waged for years, unsuccessfully. Yet, seemingly overnight, issues of gender identity or transgender discrimination have leapfrogged to … Continue Reading

An EGGcellent Employee Benefit or a Degrading Message?

Ver la versión en español aquí Surveys are conducted periodically to compile lists of “best employee benefits.” Those lists have included items such as: free lunch (yes, there is such a thing for some lucky employees); fully-paid insurance premiums; gym membership and fitness classes; flexible schedules, including 4-day workweeks; telecommuting options; transportation subsidies; paid maternity … Continue Reading
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