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Discrimination / Harassment

Paycheck Fairness Act introduced again, and this time it could pass

02/23/2021
The PFA places a high bar in front of employers trying to justify differentials between the wages paid to women and men.

Congress takes up legislation that could affect HR, employers

02/23/2021
For the first weeks of 2021, Congress has focused on other matters—the Capitol insurrection, impeachment, President Biden’s cabinet nominees, the coronavirus relief initiative—but now it is turning to new legislation that could affect employers.

Snapshot: Lawsuits filed by the EEOC

02/23/2021
During the Trump administration, the EEOC increasingly took the view that “litigation is truly a last resort.” As a result, EEOC lawsuits fell dramatically.

Retailers face employees’ covid-related lawsuits

02/18/2021
By early February, almost 200 employees had filed covid-related lawsuits against their retail employers.

Facing EEOC complaint? Consider conciliation

02/16/2021
When the EEOC decides to sue for discrimination, that means an employer will soon be in for a long, costly legal battle. However, the EEOC is statutorily required to attempt to resolve findings of discrimination through “informal methods of conference, conciliation and persuasion.”

Google $3.8M settlement shows equal-pay risk

02/11/2021
Ignoring your obligation to provide equal pay for equal work can be expensive. Google just agreed to pay millions to fix illegal pay disparities. Advice: Ferret out pay imbalances before a federal agency (or class-action lawyer) decides to make an example of your organization.

EEOC lawsuits take aim at pregnancy bias in hiring

02/03/2021
There has never been a better time to remind hiring managers that they may not discriminate against pregnant job applicants. The EEOC has made enforcement of the Pregnancy Discrimination Act a priority. Two recent cases show how seriously the EEOC takes this issue.

11th-hour changes could reduce EEOC suits

02/03/2021
Days before President Biden was inaugurated, the outgoing EEOC chair, Republican Janet Dhillon, made substantial changes that will take time for Democrats on the commission to undo.

Contracts can’t rush ADA, ADEA deadlines

01/28/2021
Check your handbook for language that sets premature deadlines for employees to file discrimination complaints under the ADA and the Age Discrimination in Employment Act. Anything less than the time frames set out in the laws is unenforceable, a federal appeals court has ruled. In most cases, that is 300 days.

Yang named OFCCP director

01/28/2021
Former EEOC Chair Jenny Yang has been appointed to lead the Department of Labor’s Office of Federal Contract Compliance Programs, the agency that enforces federal anti-discrimination laws at companies doing business with Uncle Sam.