When the Trump administration released its proposed budget for the upcoming federal fiscal year, the budget contained a proposal for a major change involving two of the nation’s most prominent civil rights agencies, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Regardless of whether and when this change will occur, the propo...
We have all heard how important an inclusive workplace is and how it encompasses five different generations of workers. Each generation brings its own communication styles, complexities, priorities, and so much more. With all these differences, how can we manage other dimensions of diversity? Is this an unprecedented challenge or is it an incredible opportunity for change? When we think about diversity and an inclusive work...
By now you have certainly heard of the landmark en banc opinion recently handed down by the Seventh Circuit in Hively v. Ivy Tech Community College. On April 4, 2017, the Seventh Circuit reversed its own precedent and became the first federal appellate court to rule that Title VII prohibits discrimination based on sexual orientation. With this ruling, the Seventh Circuit has not only created a split with nearly every...
April 4, 2017, was Equal Pay Day. The Equal Pay Act, which requires that men and women get equal pay for equal work, was enacted in 1963, more than 50 years ago. Yet, women in the United States earn an average of 79 cents for every dollar earned by men. And the wage disparity is worse for women of color and Hispanic women.
Why?
To start, women need to understand how certain attitudes and behaviors may be hurting us....
The Department of Labor recently settled a nearly 25-year-old hiring discrimination case with NationsBank, which later merged with Bank of America. The settlement ends an audit the Office of Federal Contract Compliance Programs (OFCCP) began on November 24, 1993. The bank agreed to pay $1 million in wages and interest to 1,027 African-American applicants for clerical, teller, and other positions. The settlement is a...
Contractors Should Note: Seventh Circuit Sets Up Sexual Orientation Split for SCOTUS
Topic: EEO
By now you have certainly heard of the landmark en banc opinion recently handed down by the Seventh Circuit in Hively v. Ivy Tech Community College. On April 4, 2017, the Seventh Circuit reversed its own precedent and became the first fede...
In Part 1 we examined the court’s ruling on whether or not disparate impact had occurred. We will now examine the court’s ruling on the validity of the test.
Court Ruling on Test Validity: Is It Job-Related and Consistent with Business Necessity?
Since disparate impact was demonstrated, the second ruling of the case was whether the 2008 test was both job-related for the position of Boston Police Department (BPD) lieut...
Do you have a drug-free workplace policy in place? Until 2010, the Department of Labor (DOL) enforced the drug-free workplace program, under the authority of the Drug-Free Workplace Act of 1988. This statute requires federal contractors with contracts of at least $100,000 and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a federal agency. Th...
Regulations implementing Executive Order 13706, which requires affected employers to provide paid sick leave of up to 56 hours per year to certain employees, became effective on January 1, 2017. While it remains to be seen whether the Trump Administration will withdraw or modify the Executive Order and its implementing regulations, it has been in effect now for more than three months. Despite the effective date, many...
Most employers are well aware of the importance of having well-written, accurate, and effective job descriptions. Indeed, good job descriptions have several benefits including, but not limited to, the following:
They help hiring managers determine whether an individual will be able to perform the duties of a particular job, with or without a reasonable accommodation.
They set forth clear expectations about...