Archives: Discrimination

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US Federal Contractors: 2016 Year in Review, 2017 Preview, Effect of Trump Presidency

2016 was another year filled with changes and new requirements for federal contractors and subcontractors. And the Office of Federal Contracts Compliance Programs (OFCCP) has continued its record of active enforcement. It is generally expected that the election of Donald Trump to the presidency will mean a more employer-friendly climate. Many believe that Trump will … Continue Reading

Gap analysis – the JFK approach

It would be wrong (in fact, outright churlish) to end the year without another poke at the new draft Gender Pay Gap Regulations, or rather the Government Equalities Office’s Response to the public consultation on them. This is broadly a rehearsal of the different views expressed during that consultation process, mostly concerning the mechanics of … Continue Reading

A cynic’s guide to the draft Gender Pay Gap Regulations

So here they are, out yesterday, a strange parallel universe where months last 30.44 days and years 365.25, and where you don’t include pay for periods of leave except when you do. In past blogs here we have criticised Government Regulations and statutory Guidance as too vague, leaving employers unclear whether they are caught by … Continue Reading

Which employers will be caught by the new UK gender pay gap reporting obligations?

At this stage we are still waiting for the final regulations on the new mandatory gender pay gap reporting obligations.  This current series of blog posts is therefore based on what we know from the draft regulations and discussions around them. In terms of which employers will be caught by the new gender pay gap … Continue Reading

U.S. District Court Judge Sides With EEOC, Holds That Title VII Prohibits Discrimination Based Upon Sexual Orientation

Title VII of the Civil Rights Act of 1964 protects employees by prohibiting employment discrimination based on race, color, religion, national origin, and sex.  This much is clear.  What is not clear is whether the prohibition on sex-based discrimination extends to sexual orientation-based discrimination?  The United States Equal Employment Opportunity Commission (“EEOC”) – the government … Continue Reading

Latest UK statistics on gender pay gap – movement in the right direction

According to data published today (26 October) by the Office for National Statistics in its Annual Survey of Hours and Earnings, the overall gender pay gap (taking into account both full-time and part-time employees) has fallen from 19.3% in 2015 to 18.1% in 2016.  This is apparently the largest year-on-year drop since 2010. The gender … Continue Reading

UK employer obliged to offer pay protection to disabled employee who was redeployed

UK employers take note – the Employment Appeal Tribunal has recently ruled that an employer was obliged to continue paying a disabled employee his full salary even though he had been redeployed into a less well paid role because he could no longer carry out his normal duties as a result of his disability.  Such … Continue Reading

Recent redundancy exercises – learning points for HR, part 5

Dealing with employee absences and grievances in redundancy consultation You’ve delivered the at risk letter and sent the employee home on pay pending the formal consultation meeting. As an HR professional it is possible that your faith in human nature has become a little corroded over time, so you are not completely surprised when what … Continue Reading

Webinar: Setting off on the right foot – key concerns about starting the employment relationship

Squire Patton Boggs and pre-employment screening specialists ADP present a webinar focussing on the common issues arising at the start of the employment process. On 27 September 2016 at 10.30 am BST, David Regan and Annabel Mace from Squire Patton Boggs and Lisa Lee from ADP will consider: Pre-employment screening Why do it? When is … Continue Reading

Recent redundancy exercises – learning points for HR, part 4

Managing redundancy for those on maternity leave Many employers get nervous when carrying out redundancy exercises if the selection pool includes a woman who is pregnant or on maternity leave.  The risk of a claim for discrimination or an unfair dismissal claim if she is made redundant is often on their mind. The fact that … Continue Reading

2nd Circuit Sharpens Its Claws – Broadening Scope of Cat’s Paw Theory

Earlier this week, the Second Circuit Court of Appeals revived plaintiff Andrea Vasquez’s wrongful termination and retaliation lawsuit against her former employer, holding that under the “cat’s paw” theory, the retaliatory intent of any company employee – not just supervisory personnel – can be imputed to the company. The “cat’s paw” theory traces its roots … Continue Reading

Religious dress at work – where does the law now stand?

The vexed question of an employee’s right to manifest his religion in the workplace has twice raised its head in the EU courts in recent months. Employers seeking a definitive steer on the question should look away now. Both cases deal with similar facts and contain exhaustive reviews of relevant considerations and authorities, and then … Continue Reading

EEOC to Issue Comprehensive Guidance on National Origin Discrimination – Opens Comment Period to the Public

The U.S. Equal Employment Opportunity Commission (the “EEOC”) has proposed comprehensive enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The EEOC announced this past Thursday that it is seeking public comments prior to issuing its final enforcement guidance. Enforcement guidance documents from the EEOC state the agency’s … Continue Reading

When overtime goes bad – employers’ duties to clarify expectations for disabled staff

When you work late in the office, why? Because it will make the following day that bit less fraught?  Because you do not want to be seen as a clock-watcher?  Because you think it will help your bonus or job security?  Because you believe it is the right thing to do for the good of … Continue Reading

Does abolishing appraisal ratings help employee performance management?

You may recall from a year or so ago a flurry of publicity within the HR world for a number of major companies which had abandoned formal performance ratings (not, as widely misreported, appraisals) in favour of better informal performance management conversations.  Pioneers included Accenture, Netflix and Microsoft.  The thinking was that a formal rating … Continue Reading

Threshold for a protected belief under the Equality Act reaches a new low

Does really just anything count as a philosophical belief these days?  An impression you could reasonably take away from the headlines in the Employment Appeal Tribunal’s decision in Harron –v- Chief Constable of Dorset Police last week but happily not one completely borne out by closer reading. Mr Harron considered himself to have been discriminated … Continue Reading

EEOC Warns US Employers That State Law Cannot Be Used to Justify Transgender Discrimination

The United States Equal Employment Opportunity Commission (“EEOC”) reminded employers this week in no uncertain terms that they are required to provide transgender workers with access to bathrooms that corresponds with their gender identity.  A failure to do so – the EEOC warned – runs the risk of violating Title VII of the Civil Rights … Continue Reading

Let’s face it – tattoos at work not always welcome

Readers with long memories may remember my blog from a year ago regarding potentially offensive tattoos in the workplace. http://www.employmentlawworldview.com/offensive-tattoos-in-the-uk-workplace-come-on-be-reasonable/ That blog focused on the scenario where an employee bears a tattoo which offends another employee in the workplace, but what about a tattoo that you as employer feel is plainly inappropriate for the working … Continue Reading

Harassment, Discrimination and Retaliation (Prevention), Oh My! FEHA Expansion Effective April 1

I recently read that April 1 is the only day of the year where people stop and actually consider what they see online with real scrutiny. Well, this is no April Fool’s joke:  the Fair Employment and Housing Council has established new regulations [pdf] effective April 1, 2016. The Fair Employment and Housing Act (FEHA) creates … Continue Reading

Startling statistics published on maternity-related discrimination in the UK – but don’t believe everything you read

I have never been pregnant, nor do I anticipate any change in that position. The comments which follow concerning last week’s report from the Equality and Human Rights Commission on pregnancy and maternity-related discrimination must please be seen in that light.  However, I hope I have at least retained the ability to distinguish between fact … Continue Reading
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