These six will get the EEOC's attention in 2024-28. Continue Reading ›
What do the experts have to say? Continue Reading ›
In other words, which presidents can we -- ahem -- blame? Continue Reading ›
Probably. Employers, get ready. Continue Reading ›
Plans for the "new" EEOC. Continue Reading ›
Science! Continue Reading ›
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more. Continue Reading ›
Too bad. Continue Reading ›
The case is now moot, says the D.C. Circuit. Continue Reading ›
Everyone agrees that it's time. Continue Reading ›
Illinois ended the old year and started the new with a bang. Continue Reading ›
"Let's turn over -- a new leaf." Continue Reading ›
"It could have been worse" edition. Continue Reading ›
Uh, no, says judge. Continue Reading ›
Didn't get your data in yesterday? You get a break. Continue Reading ›
HR people, you know what I'm talking about. Continue Reading ›
What a colossal waste this has been. Continue Reading ›
Oh, wait. Continue Reading ›
Take care of yourself! Continue Reading ›
Let's get this party started. Continue Reading ›
The EEOC has a treasure trove. Continue Reading ›
Here's the timetable for EEO-1 comp data reporting. Continue Reading ›
The 9/30 deadline is still on. Continue Reading ›
Our blog is non-partisan, but I must speak out! Continue Reading ›
We know the EEOC has appealed. What does that mean for employers? Continue Reading ›
UPDATED Friday night, May 3: The government has appealed. Continue Reading ›
The last chapter, subject to the government's right to appeal. Continue Reading ›
The never-ending story. Continue Reading ›
Instead of my annual equal pay rant, I'll be positive. Continue Reading ›
Better start gathering that 2018 pay data, just in case. Continue Reading ›
Hot darn! Two Friday quizzes in a row! Continue Reading ›
But when? And how? Continue Reading ›
A deceased judge can't be the deciding vote, Court says. Continue Reading ›
What are you thankful for this year? Here is my list. Continue Reading ›
A study says so. Therefore, it must be true! Continue Reading ›
One court says yes, but it's complicated. Continue Reading ›
Career interruptions negatively affect pay. Who knew? Continue Reading ›
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama.
But that may change soon. The Senate Health, Education, Labor and Pensions Committee held hearings this week on the nominations of Janet Dhillon for EEOC Chair and Daniel Gade for EEOC Commissioner.
(The Senate confirmation vote for William Emanuel, whose nomination as a Member of the National Labor Relations Board has been pending for quite some time, is expected to take place imminently.)
Here’s what we have learned about Ms. Dhillon and Dr. Gade from this week’s HELP Committee testimony, according to an article in Bloomberg BNA’s Daily Labor Report: Continue Reading ›
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 White employees in the Lab Assistant position.
The alleged hiring discrimination resulted in a shortfall of only two females, and the amount of statistical significance was redacted from the Conciliation Agreement posted online by the OFCCP. To resolve this claim, LabCorp will distribute more than $51,000 to the affected class of female applicants. In addition, the company agreed to revise its selection process, “including the criteria used in each step of the hiring process, any application screens, interviews, tests, credit checks, review of criminal history, reference checks, testing, or other selection procedure;” to review and revise the job description for Lab Assistant “to minimize the potential for gender stereotyping”; and to list the minimum requirements for the Lab Assistant position on all job postings.
To resolve the allegations of compensation discrimination, LabCorp will pay almost $150,000 to Asian Lab Assistants who were allegedly paid less than their White counterparts, even after controlling for legitimate, non-discriminatory factors. In addition, the company must conduct its own regression analysis in six months, and if it reveals statistically significant adverse impact against Asians, LabCorp has agreed to increase their salaries.
Of course, LabCorp’s settlement with the agency is not an admission of liability or wrongdoing. Continue Reading ›
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 Macon, Georgia.
In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that B&H had discriminated against female, black, and Asian jobseekers by hiring only Hispanic men for entry-level positions. The OFCCP also alleged that Hispanic employees were harassed, paid less than similarly situated workers, and denied promotions because of their ethnicity.
The agency and the company recently entered into a consent decree, in which B&H agreed to pay $3.22 million in back wages to more than 1,300 affected class members. The company has also agreed to hire a workplace consultant to address its employment practices and workplace conduct. In addition, the company must provide its managers with annual training on EEO principles and on workplace harassment.
By agreeing to the consent decree, the company did not admit any guilt or wrongdoing. The company released a statement denying all of the allegations, but recognizing that litigation would be costly and resolution would allow it to return to business “as usual” with the government. Continue Reading ›
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
