Governor Newsom Signs New 2020 Employment Laws

HRWatchdog

Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. Some new laws make significant changes while others make smaller changes to existing law.

AI: Discriminatory Data In, Discrimination Out

SHRM Resources

Artificial intelligence (AI), increasingly used in recruiting, might inadvertently discriminate against women and minorities if the data fed into it is flawed. Equal Employment Opportunity (EEO)--Employee Relations Talent Acquisition Compliance Employment Law Technology--Compliance

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CalChamber-Opposed Employment Law Bills Await Action by Governor

HRWatchdog

Quite a few employment-related bills have passed the Legislature. Five bills that could significantly affect California employers are on the Governor’s desk awaiting review and action. In addition, the bill carries the threat of litigation for employers.

Trends in State Employment Law

Affinity HR Group

Many state and local legislatures are taking action in several areas of employment law due to the confusion, sluggishness, and/or inaction on the federal level. Some laws passed are part of long-evolving trends such as restricting inquiries into criminal and pay history, while others are responses to new social movements such as #MeToo. The following is a list of the prevailing laws that are popular. Note that the laws vary and may or may not apply to your business.

Trends in State Employment Law

Affinity HR Group

Many state and local legislatures are taking action in several areas of employment law due to the confusion, sluggishness, and/or inaction on the federal level. Some laws passed are part of long-evolving trends such as restricting inquiries into criminal and pay history, while others are responses to new social movements such as #MeToo. The following is a list of the prevailing laws that are popular. Note that the laws vary and may or may not apply to your business.

What is GINA? The federal discrimination law you need to know.

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. The law also protects employees from employer retaliation.

Sex discrimination lawsuits cost four employers a bundle

HR Morning

The Equal Employment Opportunity Commission has made it clear that its chief enforcement target is “systematic” discrimination on the part of employers. EEOC also charged that Mavis failed to make, keep and preserve employment records.

Uncoded Bias in AI Hiring

HR Examiner

Small hints of social class unmeasured in the core data can prompt a skew within a given category. So, while it is true that a machine can do a better job at relentlessly sticking to a narrow script, it cannot see or understand things that are not in the data. The law requires this.

AI is not a Quick-Fix Solution for Discrimination

HRExecutive

However, the emergence of AI has sparked a fascinating and important debate: Do machines making decisions that were once made by humans reduce or even eliminate discrimination—or can they actually increase bias?

EEOC Steps Up Data Collection on Discrimination

HRExecutive

In case you missed this bit of news on your rush out the door to start your weekend last Friday: In an effort to improve the information available about religious discrimination, the U.S. Equal Employment Opportunity Commission announced it will implement changes in the collection of demographic data from individuals who file charges with the agency. Combating Religious Discrimination Today , a community engagement initiative coordinated by the White House and the U.S.

The 12 Days of Employment Law Christmas (2017 edition)

Ohio Employer's Law

For the past five Noels, I’ve concluded my posting year with “The 12 Days of Employment Law Christmas.” On the first day of Christmas, my employment lawyer gave to me. On the second day of Christmas, my employment lawyer gave to me. 4 collective actions , 3 data breaches.

EEOC issues 2017 enforcement plan: 6 areas it’s targeting next

HR Morning

In other words, if the agency investigates or sues an employer, chances are it’ll be in one of the primary enforcement areas outlined in its new Strategic Enforcement Plan. Protecting members of the LGBT community from discrimination based on sex.

EEOC Pay Data Proposal Revised

HRWatchdog

The EEOC’s pay data proposal has been revised – submit comments by August 15! As previously reported , the EEOC is seeking to collect pay data to assist the agency in identifying pay disparities that warrant investigation. Compensation Discrimination Form W2 Pay Data

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Google’s #MeToo Moment: HR Impact Will Be Felt Far Beyond Silicon Valley

HR Morning

They were the first of thousands of “Googlers” and Google contract workers that walked off the job to protest a company culture that has allowed a “history of harassment, discrimination, and protecting abusers.”.

#HotInHR: Tech Hiring Tons of Talent, Suit Aims To Keep LinkedIn Data Public, Workers Win Only 1% of Civil Rights Lawsuits

Advos

HotInHR: Tech Hiring Tons of Talent, Suit Aims To Keep LinkedIn Data Public, Workers Win Only 1%… Click To Tweet. A new analysis of employee lawsuits finds a low success rate for discrimination, harassment, or retaliation, and highlights the U.S.’s s most-sued employers.

A federal court just killed collection of EEO-1 employee pay data dead. Happy Tuesday.

The Employer Handbook

Equal Employment Opportunity Commission requirement for employers with one hundred or more employees to file with the EEOC the “Employer Information Report EEO-1”. About 89% of eligible filers have submitted EEO-1 Component 2 data for calendar year 2017 and 89.6%

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From the courtroom: Ensure dress code allows for religious needs

Business Management Daily

The EEOC takes religious discrimination seriously and has been aggressively going after employers that enforce dress codes that unnecessarily restrict employees’ faith-mandated attire. It may also amount to national origin discrimination.

New EEOC pay reporting rule issued: 3 things you need to know

HR Morning

It’s official: Employers will have more reporting duties moving forward. As expected, the agency just released its final rule updating the EEO-1 reporting requirements employers have to abide by. The EEOC issued a new sample EEO-1 form to help employers prepare for the new rule.

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EEOC to Tackle Use of Big Data in Employment

HRWatchdog

Does big data trigger discrimination claims? The Equal Employment Opportunity Commission (EEOC) will hold a public meeting tomorrow “Big Data in the Workplace: Examining Implications for Equal Employment Opportunity Law.”

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The most common employee documents used at trial

Business Management Daily

laws require companies to keep documents for specific timeframes. Compliance with these laws is essential for both your company and yourself. The contents of an employee file should consist of: Application for employment. Equal Employment Opportunity records.

‘Impossible Demands’ Lead to Disability Discrimination Lawsuit

HR Daily Advisor

Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. However, problems arise when an employer disagrees with the physician who certifies the employee as “fit for duty.” by John S. Gannon.

Is obesity a disability under ADA?

Business Management Daily

Final note: Some workers are protected from obesity discrimination; more may soon be. Michigan has banned obesity discrimination in employment since 1977. Weight discrimination is unlawful in San Francisco; Santa Fe, N.M.; Discrimination and Harassment Employment Law

Voluntary Self-Identification: Best Practices

HR Daily Advisor

Federal law requires many employers to track applicant demographic data and report it to the federal government. Reporting may be imposed by the Equal Employment Opportunity Commission (EEOC) or by the Office of Federal Contract Compliance Programs (OFCCP), for example.

English-Only Policies Are Presumptively Unlawful Under New FEHA Regs

HR Daily Advisor

According to data from the U.S. ” Customer convenience, coworker morale, or employer preference—formerly acceptable justifications—are no longer valid. Second, any language restriction must be narrowly tailored to meet the employer’s business purpose.

EEOC Will Collect Pay Data From W-2s

HRWatchdog

Future EEOC-1 reports will require pay data. Today, the Equal Employment Opportunity Commission (EEOC) announced approval of a revised EEO-1 report that will require large employers to report pay data to the agency, including aggregate information from employee W-2s.

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EEO-1 Pay Data Collection Deadline Has Passed – What Employers Need to Know Now

HRWatchdog

You still have time to submit your EEO-1 pay data. Although the EEO-1 Component 2 data (also known as pay data) September 30 deadline is officially behind us, the Equal Employment Opportunity Commission (EEOC) continues to accept this employer data.

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A 5-part checklist that works for any ADA accommodation request

HR Morning

From extended leave to drug-usage during work hours, there are plenty of reasonable accommodations employers may be required to make under the ADA. Whenever the ADA — and potential accommodations — are in play, employers must engage in the interactive process.

EEOC charge trends contain good news & bad

Business Management Daily

Good news and some bad news for employers lurks within the EEOC charge statistics for Fiscal Year 2019. There were 39,110 employee complaints that alleged the employer retaliated against an employee for reporting or complaining about some form of discrimination.

5 costly employment myths we need to discard

HR Morning

And as it turns out, a lot of those myths end up being taken at face value and acted on as if they were true — and it’s costing employers. But much like the boogeyman, many of these employment “facts” exist only in our imaginations. .

Retaliation again tops the list of charges filed with the EEOC

HR Morning

The agency released detailed breakdowns of the 89,385 charges of workplace discrimination that the agency received in fiscal year 2015. Genetic Information Non-Discrimination Act: 257 (0.3%). Legal staff resolved 155 lawsuits alleging discrimination.

How technology is helping solve the compliance conundrum

HRExecutive

Keeping up with compliance , a moving target within the human resource space, affects employers of all sizes. Caring for the Elderly, Complying with the Law. Employment Law HR Technology Performance Management Talent Management Top Stories

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AI can deliver recruiting rewards, but at what legal risk?

HRExecutive

And if they do, could they potentially expose HR and employers to the same types of discrimination issues that can impact hiring driven by people, not algorithms? That effort is part of a larger European-wide data-privacy effort, the General Data Protection Regulation.

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Employee Voluntarily Quits, Could She Be Eligible for Unemployment Benefits?

HR Daily Advisor

Shiloh Community Development Corporation hired “Raegan” to work as a part-time data manager in February 2014. In October, Shiloh learned that certain data Raegan had supposedly entered into the computer had gone missing.

EEOC Would Collect Pay Data from W-2s Under New Proposal

HRWatchdog

In a significant departure from existing requirements, the Equal Employment Opportunity Commission (EEOC) recently announced that it is seeking to require large employers to report pay data to the agency, including aggregate information from employee W-2s.

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What HR needs to know about parental bereavement leave

cipHR

At the moment, there is no legal obligation for employers to provide paid time off for grieving parents, despite the prevalence of childhood deaths: around 7,600 babies, children and young people under the age of 18 died in 2017.