Tag: discrimination

Discrimination Poster The South Carolina Human Rights Commission updated its employment discrimination poster, South Carolina Law Prohibits Employment Discrimination. All employers, public and private, must conspicuously post it in in the workplace where notices to employees and applicants for employment are customarily posted. See the poster

The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption…

Salary History Information On July 18, 2018, California Governor Jerry Brown signed legislation (A.B. 2282) providing for the following: Definitions of the terms pay scale, reasonable request, and applicant. Allowing employers to ask an applicant about his or her salary expectations for the position to which he or she is applying. Allowing employers to make…

Employer Compensation Expense Program On July 3, 2018, the New York Department of Taxation and Finance released technical memorandum TSB-M-18(1)ECEP detailing the state’s Employer Compensation Expense Program (ECEP). The ECEP was established as a new optional Employer Compensation Expense Tax (ECET) that employers may elect to pay if they have employees that earn more than…

Sexual Orientation and Gender Identity Discrimination Prohibited in Employment On May 21, 2018, the Michigan Civil Rights Commission released a resolution that interpreted the meaning of “sex” under the Elliott-Larsen Civil Rights Act. In its statement, the commission resolved that “discrimination because of sex,” as used in the act, includes discrimination because of gender identity…

The U.S. Equal Employment Opportunity Commission (EEOC) released its 2017 data on enforcement and litigation detailing the top 10 most frequently filed charges for the fiscal year. According to the numbers, over 84,000 workplace discrimination charges were filed with the agency during fiscal year 2017, and nearly $4 million was secured for victims. This includes…

The Office of Federal Contract Compliance Programs announced a proposed rule to update the agency’s sex discrimination regulations. The OFCCP’s existing guidelines on sex discrimination were issued in 1970 and, admittedly, do not align with existing law and precedent in some areas. The OFCCP’s proposed rule would “eliminate current provisions that are outdated, revise[] others…

Question: A long-term employee is retiring next month and has just begun having performance issues. When we addressed them with him, he became hostile and abusive, alleging various forms of discrimination during his tenure with us. What should we do? Answer: Considering the actions that have taken place, you have two sensitive issues to address:…

Question:  Can we implement a mandatory retirement age? If so, can we make a case-by-case exception to that? Answer: Unless your business handles public safety concerns, we would encourage you to very carefully consider implementing mandatory retirement age policies, and certainly NOT to do it on a case-by-case basis.  The reason is that on a…