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In Good News For Employers And DEI Programs, The U.S. Supreme Court Requires Title VII Discrimination Plaintiffs To Show...

The U. S. Supreme Court has clarified that a plaintiff must show harm in addition to improper discriminatory intent when bringing a change-of-terms-or-conditions-of-employment claim under Title VII’s anti-discrimination...more

DEI Initiatives in Reverse Discrimination Claims: Circuit Courts Weigh-In

A federal appeals court has affirmed a jury verdict awarding nearly $4 million in lost wages, benefits, and interest to a white male employee who based reverse discrimination allegations in part on circumstantial evidence...more

Scanning the Class and Collective Action Horizon

While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more

OFCCP Reverses Course: Actually, Let’s See Those EEO‐1 Pay Data Reports

This month, OFCCP officially rescinded a Notice from nearly two years ago, which stated that it would not “request, accept, or use Component 2 data” that the EEOC collected with the 2017 and 2018 EEO-1 reports....more

Pay Transparency Laws: It’s Not Just Pay Data Reporting Anymore

While new pay data reporting requirements in California and Illinois have grabbed pay equity headlines, we are seeing a ground swell in another type of pay transparency requirements: mandatory pay disclosures to applicants,...more

On the Road Again: EEO-1 Data Collection is Back and More Important than Ever

As COVID-19 vaccination programs gain speed across the country, and employers consider long-term reopening plans, the Equal Employment Opportunity Commission (EEOC) has announced that starting April 26, 2021, it will begin...more

DFEH Issues Guidance on California’s New Pay Data Reporting Requirements

California’s Department of Fair Employment and Housing (“DFEH”) has issued new guidance on the pay data reporting law enacted in September that established at the state level the equivalent of the EEOC’s discontinued EEO-1...more

Control of the Senate or Not, Biden Has a Pen: Executive Orders Employers Can Expect Under the New Administration

With the Georgia Senate race and control of the Senate hanging in the balance, a Biden Administration’s ability to enact new employment-related legislation is questionable.  However, with the stroke of a pen, a Biden...more

California Becomes First State to Require Employers to Report Employee Pay Data By Race and Gender

On September 30, 2020, California Governor Gavin Newson signed SB 973, making California the first state to require employers to submit employee pay data by race and gender. As we previously reported, SB 973 is modeled after...more

EEO-1 Resurrected: California May Be First State to Revive the EEOC’s Pay Data Reporting Form

In the wake of the Black Lives Matter movement and a nationwide push towards greater equality, transparency and accountability, the California legislature this week passed a bill (SB 973) that would establish at the state...more

OFCCP Seeks to Reduce Delays, Introduces Mediation Program

OFCCP has announced the issuance of three new directives intended “to increase accountability and efficiency” and “to maximize the effectiveness of compliance assistance resources.” ...more

In Letter to Senators, DOL Clarifies Scope of the CARES Act’s Pandemic Unemployment Assistance Program

On April 17, 2020, the Department of Labor’s Deputy Assistant Secretary Joe Wheeler responded by letter to Senator Ron Wyden and other Democratic lawmakers who had raised concerns about the Coronavirus Aid, Relief, and...more

Six Bay Area Counties Issue Revised Shelter-In-Place Orders Requiring Essential Businesses to Develop and Post Social Distancing...

On March 31, 2020, the six Bay Area counties that previously issued the nation’s first Covid-19 shelter-in-place orders, amended and extended their prior orders to include stricter controls aimed to slow the spread of...more

EEOC Confirms It Will Discontinue EEO-1 Pay Data Collection

Today, the EEOC formally confirmed that it will not renew its request for authorization to collect employer’s pay data under Component 2 of the EEO-1 moving forward. The notice is consistent with its announcement last...more

OFCCP Loosens Requirements for Employers Engaged in COVID-19 Response Efforts

OFCCP announced Wednesday that it will grant a limited, three-month exemption and waiver from some of its regular requirements for federal contractors responding to COVID-19....more

Pay Equity Developments in the Mid-Atlantic

The past month has brought notable pay equity developments to the Mid-Atlantic, including pending legislation in Maryland, and a Third Circuit decision that might have far-reaching effects beyond the Philadelphia salary...more

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

An Ounce of Prevention Is Worth a Pound of Cure: California DFEH Clarifies Sexual Harassment Prevention Training Requirements

California’s Department of Fair Employment and Housing (“DFEH”) has updated its Employer FAQ guidance addressing the new sexual harassment prevention training requirements that were initially set to go into effect on January...more

The Saga Continues: EEO-1 Pay Data Collection Extended Again

Last week, U.S. District Court Judge Tanya S. Chutkan ruled that the EEOC may not discontinue its pay data collection efforts on November 11, 2019, but rather, must continue its collection efforts until it has collected from...more

OFCCP Ends Fiscal Year with Large Settlements Focused on Tech and Financial Services Firms

In recent weeks, the Office of Federal Contract Compliance Programs (“OFCCP”) has entered into four major settlements that are notable both for their size, and for highlighting current trends. Each case involved allegations...more

EEOC Yanks Its Pay Data Collection Efforts For Future Years

Last week, the EEOC announced that it does not intend to renew its request for authorization to collect employers’ pay data on the EEO-1 form in future years. The announcement comes less than three weeks before the September...more

Workplace Violence Prevention In An Active-Shooter Era

Earlier this month, the country was again rocked by mass shootings—two in less than 24 hours left the cities of Dayton, Ohio and El Paso, Texas reeling. Like so many tragedies before, both shootings occurred at a location...more

Fifth Circuit Takes a Bite Out of EEOC’s Criminal Background Guidance

In the first-of-its-kind ruling last week, the Fifth Circuit held that the EEOC’s investigators and lawyers cannot rely on its “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions...more

Not Your Call: California Employers May Pursue Damages for Employees’ Illegal Recordings

In the age of smartphones, virtually everyone has a recording device at his or her fingertips—including employees. This can present challenges in the workplace. For example, smartphones and other technology enable employees...more

Legislative Update: States Continue to Update and Refine Their Pay Equity Laws

2019 is not even two months old and already there are significant developments in equal pay legislation. As we explained recently, there is proposed federal legislation that reignites the battle to pass the “Paycheck Fairness...more

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