Discrimination

Expert Analysis

• Employers Must Prioritize Pay Equity

  

  The recent federal and state trend toward strengthening equal pay laws is sure to gain momentum, so it is now more important than ever before for employers to develop pay equity strategies, says Erin Connell at Orrick.

• Employee Speech Considerations In The Age Of Remote Work

  

  With the pandemic requiring most workforces to operate remotely, employees are increasingly voicing their opinions on social media, which presents unique challenges for companies investigating worker complaints and navigating free speech protections, say Noa Baddish and Elise Bloom at Proskauer.

• How Employers Can Limit Discrimination Against Caregivers

  

  Policymakers have proposed federal investments in caregiving amid higher family-care burdens and an accompanying rise in discrimination and retaliation lawsuits, but employers don't have to wait for legislation to create safer, more equitable workplaces, says Tina Tchen, CEO of Time's Up.

• Employer Best Practices For Diversity, Equity And Inclusion

  

  The days of employers remaining silent on diversity, equity and inclusion are over, and hiring metrics and employee engagement offer a good starting point toward a shift to an accommodative office culture that poses fewer risks of workplace investigations and employment discrimination claims, say attorneys at Robinson & Cole.

• What The Biden Presidency Means For Class Actions

  

  With Democrats now controlling Congress and the White House, class action litigation may flourish in the coming years — which will be good both for consumers and for well-behaving companies who would otherwise lose market share and profits to unpoliced cheaters, says Daniel Karon at Karon LLC.

• Employer Takeaways From Latest NY And Federal Guidance

  

  New York employers would do well to reexamine compliance on family leave and anti-discrimination accommodations following the recent release of guidance over state COVID-19 policies and federal regulation on vaccines, says Jonathan Trafimow at Moritt Hock.

• Kan. Employers Face New Functional Impairment Questions

  

  A recent Kansas Supreme Court ruling in Johnson v. U.S. Food Services clarified that while standards in the sixth edition of the American Medical Association Guides are constitutional, they do not entirely set functional impairment in workers' compensation cases, bringing new questions for employers, says Weston Mills at Gilson Daub.

• Virus Mitigation Steps For Employers Amid OSHA Ramp-Up

  

  New, stronger Occupational Safety and Health Administration guidance under President Joe Biden leaves no doubt that the agency expects employers to involve employees directly in developing programs for COVID-19 infection prevention, and the time for employers to reexamine current measures is now, say Robert Nichols and Caroline Melo at Bracewell.

• Preparing For Anti-Sex Discrimination Laws After Biden Order

  

  A recent executive order from President Joe Biden ensures that implementation of the U.S. Supreme Court's prohibition on sex-based discrimination becomes a priority for federal agencies, which means businesses need to ensure their policies and employee insurance plans are nondiscriminatory, say Chai Feldblum and Saghi Fattahian at Morgan Lewis.

• A Guide To EEOC Anti-Discrimination Enforcement: Part 2

  Excerpt from Practical Guidance

  

  While the U.S. Equal Employment Opportunity Commission holds the right to intervene in anti-discrimination litigation brought by an employee, so do employees in EEOC enforcement actions, and practitioners would do well to look at bias rulings covering both of these situations, says Micah Craft at LexisNexis.

• A Guide To EEOC Anti-Discrimination Enforcement: Part 1

  Excerpt from Practical Guidance

  

  Practitioners should familiarize themselves with the U.S. Equal Employment Opportunity Commission's anti-discrimination investigation and enforcement processes, as well as the potential jurisdictional overlaps that can occur with state and local civil rights agencies, says Micah Craft at LexisNexis.

• 6th Circ. Bias Ruling Is Proof Honest Belief Rule Has Teeth

  

  The honest belief rule can shield mistaken employer judgments from discrimination claims, as the Sixth Circuit's recent Smith v. Towne Properties decision underscores, but it's important that employers remember the importance of conducting good faith investigations, says Christina Dumitrescu at McDermott.

• Calibrate Attendance Policy To Avoid Discrimination Pitfalls

  

  As employers prepare to welcome back their employees from remote work to the worksite, they ought to make sure attendance policies stay compliant with growing leave and nondiscrimination laws and didn't become outdated during the pandemic, says Ramona Palmer-Eason at Armstrong Teasdale.