In a recent article on the Employment Law Worldview blog we looked at how a workplace grievance can lead to a defamation claim. The judgment, whilst primarily concerned with whether such a claim could be brought in the first place, also pondered the issues around raising a qualified privilege defence in such circumstances. This is … Continue Reading
How does the FCA expect a firm to go about investigating allegations of NFM? If someone’s non-financial misconduct breaches the Conduct Rules, does that mean they need to be dismissed? These questions arise frequently in the HR and Compliance departments of FCA and PRA regulated businesses. Perhaps that is because, despite clearly articulating its expectations … Continue Reading
“Non-financial misconduct is misconduct, plain and simple” – that is what Christopher Woolard (former FCA director) said in 2018. Except that as it turns out, fairly predictably when dealing with shades of human behaviour, it’s not that plain, nor that simple. With a lack of guidance on what non-financial misconduct (NFM) actually is, firms have thus … Continue Reading
The FCA’s consultation paper (CP23/20) proposes a framework to establish and define the minimum standards expected from regulated individuals in the financial services sector. Specifically, it clarifies the FCA’s expectations around non-financial misconduct (NFM). But, if implemented, will these proposals actually change anything? We think these rules would have a direct effect on the conduct … Continue Reading
Not just more management consultancy buzz words, “non-financial misconduct” is becoming an increasingly important term for everyone working in HR in the financial services sector. As most readers will be aware, it is the role of the FCA to ensure that the UK financial markets work well. In pursuit of this, and to protect the … Continue Reading
After the recent high-profile deaths of Black Americans due to police use of force, discussions of systemic racism are now front and center in all organizations. Please join Squire Patton Boggs partners Carmen Cole, Meghan Hill and Katharine Liao on Thursday, July 23 at 1 p.m. EDT for an open and candid discussion about the … Continue Reading
As the daily news continues to show protests and calls for justice in response to the death of George Floyd and others at the hands of police officers, there is, unsurprisingly, a desire from employees to hear from their employers regarding the ongoing violence and racial unrest in our communities and across the country. Many … Continue Reading
We’re living through a period of time in the US unlike any we have previously experienced, simultaneously grappling with a deadly public health emergency, mass protests – some peaceful, some not – seeking racial justice and police reform, and an increasingly bitter, partisan political landscape that likely only will intensify as we get closer to … Continue Reading
After considering the petitions at eleven separate private conferences, on April 22, 2019, the U.S. Supreme Court granted certiorari in three cases involving the extent of protection provided by Title VII of the Civil Rights Act of 1964 – if any – against employment-based discrimination on the basis of sexual orientation and gender identity. As we … Continue Reading
In a potentially groundbreaking decision that increases legal protections throughout the U.S. for lesbian, gay and bisexual employees, the Equal Employment Opportunity Commission (EEOC) ruled on June 15, 2015, that existing civil rights law bars sexual orientation-based employment discrimination. The EEOC addressed the question of whether the ban on sex discrimination in Title VII … Continue Reading
The Government has today launched a consultation on its commitment to introduce regulations to require private and voluntary sector businesses with at least 250 employees in Great Britain to publish gender pay gap information. A gender pay gap shows the difference between the average earnings of men and women as a percentage of men’s earnings. … Continue Reading
Unlike many other regions in the world the Middle East is characterised by a diverse range of nationalities and different cultures. Official estimates suggest that the United Arab Emirates (UAE) alone are host to some 200 different nationalities. Put in context, such diversity is both an enormous challenge and an opportunity for business. HR functions … Continue Reading
On March 12, Utah Governor Herbert signed into law S.B. 296, which amends the Utah Antidiscrimination Act to prohibit discrimination in employment by Utah employers on the basis of sexual orientation and gender identity. Notably, and perhaps not surprisingly given that 60% of Utah residents identify as Mormons, although the law had the support of … Continue Reading
The EEOC has pushed hard in recent years to curb employer use of background checks in hiring decisions (see our blog post here). In 2009, the EEOC filed suit against Freeman, a national provider of integrated services, alleging that Freeman relied on credit and criminal background checks that caused a disparate impact on black and … Continue Reading
On February 3, 2015, the EEOC’s Director of the Office of Field Programs issued a memorandum to the agency’s district directors regarding the handling of LGBT-related discrimination claims. Although Title VII does not explicitly prohibit discrimination on the basis of an employee’s identification as gay, lesbian, bisexual or transgender, the memorandum states that the EEOC … Continue Reading
For HR leaders, the idea that there is clear competitive advantage to be gained from employing a diverse workforce might be old news. Acas highlights the link between promoting diversity and harnessing talent on its website. But minorities are still under-represented at the top of corporations in the UK (and globally), suggesting there remains a … Continue Reading
It was reported recently that the Royal Navy’s first female warship commander has been relieved of her post following allegations of an affair with an officer under her command (a comment on their working hierarchy rather than any judgment on their alleged romantic relationship, I should make clear). Sarah West is undoubtedly an important figure … Continue Reading
The focus of many diversity efforts in Saudi Arabia, unusually, is including our own nationals in the workplace, not the more usual concerns about the relative lack of opportunities offered to ethnic minorities in the working population. This arises because the private sector in Saudi Arabia has been dominated by foreign expatriate workers despite a … Continue Reading
“Women as Agents of Change” is the theme of the Commonwealth Summit opened by the Queen on 28 October in Perth. Leaders of the 16 Commonwealth countries where the Queen is Head of State unanimously approved reforms to royal succession laws dating back more than 300 years which will give sons and daughters of any … Continue Reading
