The Idaho Human Rights Commission considers Title VII and other discrimination claims arising in Idaho. For practitioners in other jurisdictions, the nomenclature there could lead to mistakes. The kick-off there is not a “claim,” but a “complaint.” This can be confusing and lead to the incorrect assumption that a claim has already been pursued to […]
MM
On November 6, 2017, Arizona Governor Doug Ducey signed an Executive Order (EO) implementing a “ban-the-box” initiative for applicants of employment with the State. Ban-the-box initiatives eliminate questions about a prospective employee’s criminal convictions and history on job applications. These initiatives have been gaining steam across the U.S. and, more recently, Arizona. The State of […]
CM
Last week, in a law designed to narrow the gender wage gap, California Governor Jerry Brown signed into law AB 168, which prohibits all employers[1] from relying on the salary history information of an applicant to determine: (1) whether to offer employment or (2) what salary to offer. An employer “shall not, orally or in […]
KR
There is a reason that employment lawyers often find ourselves warning clients that, “No good deed goes unpunished.” Case in point: many companies offer paid parental leave policies that specifically address and provide paid leave for new mothers to bond with their newborn child. What could possibly be unlawful about that? In many cases, those […]
JK
Last Tuesday, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission’s collection of pay data from employer information reports, called EEO-1s. See here. The EEOC finalized the rule related to pay data collection in September 2016 in an attempt to gather information about what the EEOC believes to be pay discrimination that […]
Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To promote fair employment practices and close the pay gap for women and people of different […]
JY
In 2016, the EEOC developed a task force gathered leading scholars, regulators, and attorneys in discrimination law and asked them to analyze the state of American workplace discrimination. The task force confirmed what we expected and expanded on what we knew. Discrimination of all forms—whether racial, religious, ethnicity, or otherwise—in the workplace remains a lingering, […]
CM
Over the past year, there has been increasing attention on transgendered persons both in the media and in the law. While many hope this wave of attention on transgender issues will increase legal protection for transgender persons, that protection is already in place in many states across the country. Many states and municipalities, including California, […]
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