Friday, January 29, 2016

Are You Implementing Anti-Retaliation ‘Best Practices'?

The Equal Employment Opportunity Commission (EEOC) is preparing to issue a new enforcement guidance on “Retaliation and Related Issues.” The impending guidance, available here, is not yet final, but has been published by the EEOC for public comment. Once the guidance is finalized, it will not technically carry the force of law, but it will feel like it does. While courts are not obligated to follow EEOC guidance, the EEOC itself relies on its own enforcement guidance documents when addressing discrimination charges or litigating on behalf of claimants. Employers should, therefore, take the new guidance seriously.

Thursday, January 21, 2016

Pay Transparency Has Greater “Oomph” Under New OFCCP Regulations—New Requirements for Workplace Conduct, and Content of Manuals and Handbooks

In furtherance of pay equality and greater pay transparency, new requirements for federal contractors took effect on January 11, 2016, making it unlawful to discriminate against a party who inquires about, discusses, or discloses pay or compensation. (See 41 C.F.R. Part 60-1.) The executive order is intended to promote pay transparency and openness by permitting workers and job applicants the freedom to share information about pay or compensation without the threat of subsequent discrimination.

Wednesday, January 13, 2016

EEOC Files Amicus Brief Arguing Sexual Orientation Discrimination is a Form of Sex Discrimination

In the early days of 2016, the Equal Employment Opportunity Commission (EEOC) continues its strategic enforcement focus on LGBT rights. Last week, the EEOC filed an amicus brief in a U.S. Court of Appeals for the Eleventh Circuit case, Burrows v. College of Central Florida.  In its brief, the EEOC argued that employment discrimination based on an individual's sexual orientation is a form of sex discrimination and unlawful under Title VII of the Civil Rights Act.

Thursday, January 7, 2016

The ‘Gray Zone’ - Recording Devices in the Workplace

The National Labor Relations Board (“NLRB”) has once again entered the confusing and inconsistent intersection between our technological ability to record almost anything and the rights of employers to restrict recordings in the workplace (the “Gray Zone”). (See our prior discussion about this topic in 2013). In a recent decision, the NLRB struck down a Whole Foods workplace policy banning employees from recording conversations or taking photographs in the workplace without approval.