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What is in the Illinois Equal Pay Act 2021 Amendments? (Hint: It’s Scary)

18 May 2021

What is in the Illinois Equal Pay Act 2021 Amendments? (Hint: It’s Scary)

Author: Anthony Kaylin

The trend of reporting pay started with California and has moved to Illinois, which instituted its own phased in reporting requirements. The new amendments to the Illinois Equal Pay Act (IEPA) were signed into law (Senate Bill 1480 (SB 1480)) on March 23, 2021.  The certification requirement starts three years from the date of signing into law (March 23, 2024).  The previous amendment to the IEPA was in 2019, which prohibits employers from asking salary history of applicants.
How COVID-19 Has Impacted Civil Rights in the Workplace

11 May 2021

How COVID-19 Has Impacted Civil Rights in the Workplace

Author: Heather Nezich

At a hearing on April 28, 2021, the EEOC heard from a dozen invited experts on the impact of the COVID-19 pandemic on civil rights in the workplace. EEOC Chair Charlotte A. Burrows said that the testimony of the panelist made clear that while the pandemic continues to have serious impacts on public health and our economy, it has also created a civil rights crisis for many of America’s workers.

Recruiter and Hiring Manager Biases Leave Qualified Applicants on the Sideline

27 April 2021

Recruiter and Hiring Manager Biases Leave Qualified Applicants on the Sideline

Author: Anthony Kaylin

How many times have recruiters reviewed resumes with titles that have little to no meaning and based decisions on those titles?  Mechanical Engineer, HR Business Partner, and others convey meaning but not depth.  And if employers use a job family approach, titles like Staff Engineer, Analyst, Project Manager, and Programmer provide some information at first glance, but again no context as to the work performed. 

Keeping up with Ban-the-Box Laws

27 April 2021

Keeping up with Ban-the-Box Laws

Author: Susan Chance

Back in September of 2018, then Governor Rick Snyder enacted a ban-the-box law that removed questions about criminal history from Michigan’s employment application, and he encouraged private employers to do the same. This came after he signed a bill in March of the same year limiting the ability of city and county governments to enact ban-the-box laws when it comes to private employers. Indiana enacted a similar law the year before.

Do You Interview Men and Women Differently?

20 April 2021

Do You Interview Men and Women Differently?

Author: Anthony Kaylin

A recent study, conducted by Savanta and Resume.io, of 2,000 adults in the U.S. about the worst interview questions they’ve ever been asked found that that men and women may have significantly different experiences when interviewing. The study explored everything from tough questions that candidates dread to downright illegal ones — and uncovered notable differences in the nature of the questions that men and women often field.
Why HR Needs to be Judicial in Its Use of Artificial Intelligence

30 March 2021

Why HR Needs to be Judicial in Its Use of Artificial Intelligence

Author: Anthony Kaylin

The Biden administration is taking a hard look at the discriminatory aspects of artificial intelligence or AI.   In the past few years, AI bias has been in the news.  For example, Amazon dropped an AI recruitment program because it found that it was biased towards white males.  Other cases reported bias against African Americans in healthcare algorithms.  Facial recognition software has an underwhelming library of faces and has been identified as a leading cause of...
Pay Equity a Focus of the Biden Administration

23 March 2021

Pay Equity a Focus of the Biden Administration

Author: Anthony Kaylin

Today, March 24, 2021 is Equal Pay Day.  Equal Pay Day denotes how far into the new year women must work to be paid what men were paid the previous year. Started by the National Committee on Pay Equity (NCPE) in 1996, the goal was to raise awareness about the gender wage gap.  Although there are various analyses of what the gap is, all agree there is a gap.

If There is Sexual Harassment, There is Also Retaliation

20 October 2020

If There is Sexual Harassment, There is Also Retaliation

Author: Anthony Kaylin

In a recent survey by Time’s Up and the National Women’s Law Center, seven in 10 people (72%) who report sexual harassment faced some form of retaliation, including termination, lawsuits for defamation, and denied promotions.  The report is based on 3,317 requests for legal help submitted to Time's Up between January 1, 2018, and April 30, 2020.  In addition, one-third of workers (36%) said they experienced physical harassment, sexual assault, or rape. About 1 in 5 (18%)...
OFCCP Experiences Major Loss in Oracle Audit Case

6 October 2020

OFCCP Experiences Major Loss in Oracle Audit Case

Author: Anthony Kaylin

In 2014 the Office of Federal Contract Compliance Programs (OFCCP) initiated an audit of Oracle headquarters.  As the audit progressed, OFCCP contended that Oracle violated Executive Order 11246 by having discriminatory pay practices.  On March 11, 2016 OFCCP issued a Notice of Violation against Oracle which led a Show Cause Order on June 8, 2016.   OFCCP filed a lawsuit with the Office of Administrative Law Judges on January 17, 2017 after conciliation efforts broke...
New Executive Order Targets Diversity Training

29 September 2020

New Executive Order Targets Diversity Training

Author: Anthony Kaylin

On September 22, 2020, President Trump issued an Executive Order (EO) titled “Executive Order on Combating Race and Sex Stereotyping.”  The EO arose because various federal agencies had a private diversity-consulting firm conduct a training session last June titled “Difficult Conversations About Race in Troubling Times.”

Is Diversity a Serious Goal for Organizations?

22 September 2020

Is Diversity a Serious Goal for Organizations?

Author: Anthony Kaylin

Given all the events in the past few months, diversity has been a focus for many organizations.  More specifically, there have been a number of pledges to have greater diversity.  Jaime Dimon, the CEO of JPMorgan Chase, took a knee with employees to protest racial injustice in law enforcement.  There have also been a number of marketing changes by organizations to promote the diversity theme.

Sixth Circuit Revives Mixed Motive Age Discrimination Suit

8 September 2020

Sixth Circuit Revives Mixed Motive Age Discrimination Suit

Author: Michael Burns

The Sixth Circuit Court of Appeals reversed a lower court’s decision determining that an auto parts supplier in Caro, MI, had not committed age discrimination under Michigan’s Elliot-Larsen Civil Right Act. Walbro LLC fired the plaintiff, a department manager and 41-year veteran, allegedly based upon his age. He was 60 years old at the time. Lowe v. Walbro LLC (Case 19-2386)

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

8 September 2020

Discrimination Cases May Be Easier to Prove Because of the LGBTQ Supreme Court Decision

Author: Anthony Kaylin

The Bostock decision on LGBTQ rights under Title VII of the 1964 Civil Rights Act was a civil rights victory long coming.  From the American perception of same sex marriage to LGBTQ rights, the country took a mighty swing to a new direction since the 1990s when the Defense of Marriage Act was enacted by Congress under the Clinton Administration.  The decision itself was groundbreaking in that it was a 6-3 decision with two of the “conservative” justices voting with the...
What is the Role of HR?

4 August 2020

What is the Role of HR?

Author: Anthony Kaylin

It is generally thought of that HR is on the side of management, although at times they will mediate between management and employees.  However, what are the rights of an employer when an HR employee assists an employee with the filing of an EEOC charge against the employer?

Supreme Court Rules That Title VII Covers LGBTQ Employees

16 June 2020

Supreme Court Rules That Title VII Covers LGBTQ Employees

Author: Anthony Kaylin

In a surprising six-three decision written by Justice Neil Gorsuch, the Supreme Court ruled on Monday that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)).  Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees.  Michigan does not provide any...
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