The #MeToo movement is still moving along and causing victims to come forward in various industries, including the judiciary. Just yesterday (May 24, 2018), the Massachusetts Supreme Judicial Court suspended a state court Judge Thomas Estes because of his secret affair with a court clinician, Tammy Cagle. The plaintiff claims Judge Estes sexually harassed and […]
If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically excludes “transsexualism” and “gender identity disorders not resulting from physical impairments” as within the meaning […]
On April 24, 2018, New Jersey’s Governor, Phil Murphy, signed the Diane B. Allen Equal Pay Act (the “Act”) into law. Recognized as the strongest equal pay law in the United States, the Act amends New Jersey’s Law Against Discrimination to make it unlawful for employers to compensate employees who are members of a protected […]
On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, job-related factors, including the candidate’s experience, educational background, ability, or prior job performance. The court […]
Have a strengthening economy and declining unemployment numbers led to a decline in EEOC charges? The most recent data strongly suggests a correlation between a tight labor market and the number of EEOC charges. This week the EEOC released statistics on charges filed in its most recent fiscal year ending September 30, 2017. Here are […]
The Arizona House of Representatives is considering House Bill 2020 that seeks to prohibit confidentiality agreements in cases of alleged sexual assault or sexual harassment. See here. Proposed by Rep. Maria Syms (R-Paradise Valley), HB 2020 casts any confidentiality agreement that “restricts the disclosure of factual information that is related to a sexual assault or […]
Whether it be a Hollywood mogul, a renowned politician or a formerly respected executive, it is clear from the Me Too and Time’s Up movements that the voices against and stands taken to uncover and prevent sexual harassment have a momentum that has not been seen in decades. One additional mechanism that has been added […]
There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly. The premise behind […]
Recently, the U.S. Equal Employment Opportunity Commission’s acting chairwoman, Victoria Lipnic, indicated that the agency may cease its efforts for nationwide pay data collection designed to eliminate the gender pay gap. The agency’s measure would have required most private employers with 100 or more employees to submit an annual EEO-1 form reporting pay for their […]
Be careful about throwing the type of office holiday party that gets everyone taken off the “Nice List.” In many circumstances, an employee’s bad behavior, or even their guest’s bad behavior, may be imputed to the employer that sponsors the event. Before you take a second look at your guest list, there are some tips […]
