Archives: Discrimination

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A year late but worth the wait? – Tribunal fee impact reviewed

After the gestation period of an elephant, the Government Review of the impact of the fees for Employment Tribunal cases finally emerged squalling into the daylight earlier this month. Weighing in at a healthy 100 pages and with a foreword by proud father Justice Minister Sir Oliver Heald, the Review takes a detailed look at … Continue Reading

Los Angeles Joins Growing Number of States, Counties, and Cities Supporting “Ban the Box” Movement

  New ordinance prohibits private employers in the City of Los Angeles from inquiring about applicants’ criminal history before making a conditional offer of employment. On January 22, 2017, the “Fair Chance Initiative for Hiring” ordinance took effect in Los Angeles. The ordinance limit the ability of employers to inquire about a job applicant’s criminal … Continue Reading

Gender pay gap reporting and legal professional privilege – what’s the link?

As we have mentioned in previous blog posts, having a gender pay gap does not mean in any way that an employer has necessarily failed to comply with its equal pay obligations under the Equality Act 2010. But this new obligation to publish pay information is likely to bring the issue of equal pay to … Continue Reading

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
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