Oh oh, EEOC has just asked you for a list of names and telephone numbers for a large group of your employees. Why? The usual answer is because EEOC wants to interview at least some of them to see if they have evidence supporting the claims in a discrimination charge filed by another employee. The number is usually large, so the employer has difficulty figuring out who might have talked to the Agency and possibly retal...
By now you have certainly heard of the landmark en banc opinion recently handed down by the Seventh Circuit in Hively v. Ivy Tech Community College. On April 4, 2017, the Seventh Circuit reversed its own precedent and became the first federal appellate court to rule that Title VII prohibits discrimination based on sexual orientation. With this ruling, the Seventh Circuit has not only created a split with nearly every...
Introduction
Large government contractors last Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s (DOL) so-called “blacklisting” rules, under which covered contractors (including subcontractors) would be required to report to the government a panoply of labor violations. On October 24, Judge Marcia Crone, a federal judge in the Eastern Distric...
I. OFCCP’S “PAY TRANSPARENCY” RULE
On April 8, 2014, President Obama signed Executive Order 13665, which amended Section 202 of Executive Order 11246. Exec. Order No. 13665, 79 C.F.R. 20749 (Apr. 11, 2014). The purpose of Executive Order 13665 is to encourage greater pay transparency and openness by prohibiting federal contractors and subcontractors from discharging or discriminating against employee...
With the rise of contingent workforces over the last two decades, many employers have enjoyed the flexibility afforded by staffing companies which provide employees as needed, coupled with a reduction in HR compliance requirements afforded by those companies. A side benefit was the diminution of labor organizing, as NLRB policies effectively insulated franchisors, contractors and companies with staffed employees from pote...