In 2010, Black men with bachelor’s degrees or higher earned about 18% less than their white peers. By 2019, that gap jumped to 24% even though many companies are actively pursuing diversity and inclusion goals. Why is the pay gap so large? Why is it growing? A...
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Month: June 2021
Fourth Circuit Decision Sheds Light on How Far an Employer Must Go to Accommodate a Disability
Under the Americans with Disabilities Act (ADA), employers are required to consider reassignment to existing vacant positions as a potential accommodation. But what happens when an employee requests that an employer create a new position as an accommodation? This...
New FMLA Decision Highlights the Importance of Following Employer’s Absence Policies
A recent federal decision from the Eastern District of Michigan addressed the question of whether an employer may discipline an employee who qualifies for FMLA leave, but nonetheless fails to follow company policy when taking an absence. In Reed v. Delta Air Lines,...
Broad New Whistleblower Law Applies to Banks, Many Cash Businesses
The federal Anti-Money Laundering Act of 2020 (AMLA) took effect this year. It provides substantial protections for whistleblowers who help identify activities that could involve money laundering or the financing of terrorism. It is an effort to modernize the Bank...
Fourth Circuit Case Expands the Definition of Same-Sex Harassment
In Oncale v. Sundowner Offshore Services, the Supreme Court recognized the viability of same-sex harassment cases under Title VII of the Civil Rights Act of 1964, and outlined three different forms of same-sex harassment: 1. An employee is subjected to unwanted sexual...
EEOC Issues Guidance on Vaccine Incentives, But Questions Remain
As we previously blogged, some employers have considered offering cash incentives in order to encourage their employees to get the COVID-19 vaccine. However, such incentives raise thorny issues regarding the Americans with Disabilities Act and Title VII of the Civil...
Judge Allows Gender Pay Disparity Class Action Against Google
Over ten thousand women are involved in a class action alleging that Alphabet Inc.’s Google pays men more than women for doing the same jobs. In 2011’s Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court set the bar high for organizing class actions, making it a...
Larger Companies Must Step Up to Stop Age Discrimination
Over half of all U.S. adults are 45 or older, but age discrimination continues to be a problem. Ageism in the workplace is usually the result of negative stereotypes about aging, and employers should fight these stereotypes. Many studies have shown that diversity in...