Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Discrimination

Catholic priest is (allegedly) an equal opportunity offender, court says, dismissing bias suit

Posted in Defamation, Discrimination, Harassment, HR, Sexual Orientation
Father, you kiss your mother with that mouth? The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school —  illustrates why an (alleged) “equal opportunity offender” is better than a discriminatory one. But that’s not to say it’s good. Father Michael Reilly — as… Continue Reading

“Overqualified,” or just too old?

Posted in Discrimination, HR
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with… Continue Reading

LabCorp settles with OFCCP for alleged bias in hiring and compensation

Posted in Affirmative Action, Discrimination, Equal Pay, Settlements
Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP found statistically significant adverse impact against females in the selection process for Lab Assistant and that Asians were paid less than similarly situated non-Asian… Continue Reading

Are the OFCCP and the EEOC merging? Signs point to “No.”

Posted in Affirmative Action, Discrimination, Politics
Based on a recent Senate appropriations bill, it appears that the Trump Administration’s plan to merge the Equal Employment Opportunity Commission with the Office of Federal Contract Compliance Programs has stalled. The Senate bill would fund the OFCCP for Fiscal Year 2018 at approximately $103.5 million, which is more than the House’s proposed funding of $94.5 million.… Continue Reading

Second-guessing the advice columns: Bad HR practices aren’t necessarily illegal.

Posted in Discrimination, HR, Lawyers!, Wage-Hour, Workers' Compensation
It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer complains that her employer is going to start evaluating employees based in part on their participation in company-sponsored “social” functions,… Continue Reading

Too cute to work?

Posted in Defamation, Discrimination
In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her chiropractor boss and his wife (who was the COO of the practice) fired her solely because of… Continue Reading

EEO-1 “pay data” requirement is on hold: The details

Posted in Affirmative Action, Discrimination, Equal Pay, HR, Politics
NOTE FROM ROBIN: Last night, I posted briefly that the EEOC’s requirement, starting next March 31, that employers include compensation data in their annual EEO-1 reports had been suspended. We now have more information, and I have drafted a client bulletin that will go out this afternoon. Because the blog subscription and bulletin subscription lists are… Continue Reading

B&H Foto: From lawsuit to $3 million consent decree

Posted in Affirmative Action, Discrimination, Equal Pay, Harassment, Settlements
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in… Continue Reading

Before you fire that political extremist . . .

Posted in Discrimination, Harassment, HR, Politics, Public Sector Employment, Social media, Wrongful Discharge
If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or… Continue Reading

Hate those EEOC regs? Here’s your big chance!

Posted in Discrimination, Politics
In February, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing, replacing, or modifying existing regulations that do the following: eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency… Continue Reading

Is “reverse discrimination” still a thing?

Posted in Affirmative Action, Discrimination
A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote gender equality and diversity in hiring. . . .” Surprisingly, the study found that non-minorities and males were more likely to be… Continue Reading

It’s SUMMER! Top 4 ways employers can get burned

Posted in Gender Identity Discrimination, Harassment, HR, Wage-Hour, Workers' Compensation
We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. (In the 1960s, melanoma was cool.) Sexist air conditioning. It seems like a long time since we’ve read anything about this employment law “issue.” The idea was that… Continue Reading

Unconfirmed complaints may be enough to trigger an early OFCCP audit

Posted in Affirmative Action
Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because of an oral complaint of discrimination, Mega Construction Project subcontractor Baker DC, LLC, must allow an early on-site by the Office of Federal Contract Compliance Programs. To understand the problematic nature… Continue Reading

Pros and cons of the proposed EEOC-OFCCP merger

Posted in Affirmative Action, Discrimination, Politics
President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.  Robin has discussed this proposed merger here, here, and here. She’s asked for input from the Affirmative Action team, so here it… Continue Reading

Weekly catch-up

Posted in Discrimination, FOCUS, Franchise, Labor Relations, Politics
You want my salary history? That’s sex discrimination! Well, actually, it’s a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women’s leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay — and how alternatives may be even more unfair. As state and… Continue Reading

OFCCP: Like a dog with a bone

Posted in Affirmative Action, Discrimination, Settlements
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

BREAKING: Full Second Circuit to reconsider whether Title VII prohibits sexual orientation bias

Posted in Discrimination, Sexual Orientation
The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about his sexual orientation. The case is Zarda v. Altitude Express. The issue to be decided by… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Proposed merger of EEOC, OFCCP faces opposition from both sides

Posted in Affirmative Action, Discrimination, Elections, Politics
Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn’t thought it through, and… Continue Reading

Here’s more on that Google-OFCCP donnybrook*

Posted in Affirmative Action, Discrimination, Equal Pay
*Donnybrook: Named for the Donnybrook Fair near Dublin, “a notoriously disorderly event, held annually from 1204 until the middle of the 19th century.” Meaning a “free-for-all; brawl; a usually public quarrel or dispute.” I promised earlier this month to have more detail about that decision by an Administrative Law Judge in the case filed against… Continue Reading