Proposed Rule Prohibits Federal Contractor Discrimination Against Workers Who Discuss Their Pay

Skip Sperry September 15, 2014 Blog Leave a Comment

Excerpted from the Department of Labor news release:

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced a proposed rule that would prohibit federal contractors from maintaining pay secrecy policies. Under the terms of the proposal, federal contractors and subcontractors may not fire or otherwise discriminate against any employee or applicant for discussing, disclosing or inquiring about their compensation or that of another employee or applicant.

“Workers cannot solve a problem unless they are able to identify it.

President Obama Signs Executive Order Prohibiting Sexual Orientation & Gender Identity Discrimination

Skip Sperry July 22, 2014 Blog Leave a Comment

Yesterday, July 21, 2014, President Obama signed an Executive Order which amends prior Executive Orders 11246 and 11478. The amendments expand discrimination protection for federal government employees and contractors, prohibiting discrimination based upon sexual orientation and gender identity. While this Order does not apply to private employers who don’t have qualifying federal contracts or subcontracts, it is similar to the several city ordinances in Idaho that offer protection on the basis of sexual orientation and gender identity.

EEOC Updates Pregnancy Discrimination Act Guidance

Skip Sperry July 15, 2014 Blog Leave a Comment

On July 14, the Equal Employment Opportunity Commission updated its guidance for the enforcement of the Pregnancy Discrimination Act (“PDA”). The PDA is an amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. The new guidance reflects the liberal approach the EEOC is taking with regard to gender discrimination and also its enforcement of the Americans with Disabilities Act (“ADA”).

What if You’re Using the Wrong I-9 Form?

Skip Sperry May 30, 2014 Blog Leave a Comment

In a previous blog post I discussed that the U.S. Citizenship and Immigration Services (USCIS) published a new I-9 form for use after May 7, 2013. A client recently discovered that it had been using the old version of the I-9 form, and asked for my advice on how to correct it. After research and discussion with the USCIS, the answer is pretty simple. If you find yourself in the same position, complete a new,

Pocatello Voters Uphold Anti-Discrimination Ordinance

Skip Sperry May 21, 2014 Blog 1 Comment

Yesterday, May 20, 2014, the city of Pocatello held a referendum to allow its voters to decide whether to repeal its ordinance prohibiting discrimination on the basis of sexual orientation and gender identity. The people of Pocatello narrowly retained the ordinance, 4,885 voting to retain, and 4,738 voting to repeal the local ordinance.

Pocatello is currently one of seven Idaho cities with this type of local ordinance and the first to put its ordinance up for a popular vote.

Texas Jury Awards Man over $500k for Sexual Harassment

Skip Sperry March 26, 2014 Blog Leave a Comment

A Texas jury recently awarded a male law enforcement officer over $500,000 as a result of harassment from his female supervisor. The complained of harassment included “motorboating,” (a term coined in the 2005 movie, “Wedding Crashers”) and other objectionable conduct, including offers of oral sex. The local newscast that aired prior to the jury verdict provides additional details regarding the hostile environment alleged by the male employee.

Be sure that your workforce and management team are properly trained in what types of behavior are acceptable and not acceptable to avoid large claims against your company.

EEOC & FTC Offer Guidance on Background Checks

Skip Sperry March 11, 2014 Blog Leave a Comment

On March 10, 2014, the EEOC and the Federal Trade Commission (“FTC”) co-published two technical assistance documents that explain how the agencies’ respective laws apply to background checks performed for employment purposes. One document is for employers (What Employers Need to Know and Background Checks); the other is for job applicants and employees (Background Checks: : What Job Applicants and Employees Should Know). This is the first time that the two agencies have partnered to create resources addressing concerns in this key area.

EEOC Issues Religious Dress & Grooming Guidance

Skip Sperry March 10, 2014 Blog Leave a Comment

On March 6, 2014, the Equal Employment Opportunity Commission (“EEOC”) released two publications offering technical assitance on workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964.

The question-and-answer guide, entitled “Religious Garb and Grooming in the Workplace: Rights and Responsibilities,” and an accompanying fact sheet, provide a discussion of the applicable law, practical advice for employers and employees,

BLS Releases Statistics Amid Push to Increase the Minimum Wage

Skip Sperry February 27, 2013 Blog Leave a Comment

As the current administration continues its efforts to increase the federal minimum wage rate, the Bureau of Labor Statistics released its 2012 minimum wage statistics, which are excerpted below:

In 2012, 75.3 million workers in the United States age 16 and over were paid at hourly rates, representing 59.0 percent of all wage and salary workers. 1 Among those paid by the hour, 1.6 million earned exactly the prevailing federal minimum wage of $7.25 per hour.

Court Finds that Random Alcohol Tests Don’t Always Violate the ADA

Skip Sperry February 25, 2013 Blog Leave a Comment

Last week the United States District Court for the Western District of Pennsylvania made a surprising ruling: a company can show that random alcohol test are “job related and consistent with business necessity.” In the first case of its kind, the federal judge rejected the EEOC’s Enforcement Guidelines. Before this ruling, the traditional wisdom, garnered from the guidelines was:

You can test a person for alcohol only if you have reasonable cause or suspicion,

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