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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.

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AI is not a Quick-Fix Solution for Discrimination


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 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.

Business Group Says New EEO-1 is ‘Useless’

HR Daily Advisor

Compensation data that employers may have to provide the federal government next year will not help combat pay discrimination as intended, according to the nation’s largest business group. The EEOC estimated that it would cost employers about $53.5

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.

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

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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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.

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


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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Review your I-9 records: ICE continues applying heat to employers

Business Management Daily

Immigration and Customs Enforcement opened 6,812 new investigations into employers suspected of violating immigration laws—everything from hiring undocumented workers to making errors on their I-9 Forms. Only 40 employers and managers were arrested last year, down from 72 in FY2018.

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


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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Business Groups to White House: Block New EEO-1 Pay Reporting Requirements

HR Daily Advisor

Both business groups and Republican lawmakers have in recent days urged the White House to block the U.S. Equal Employment Opportunity Commission’s (EEOC) new EEO-1 compensation reporting requirements. Employers do not report individual pay information.

Review of the Trump Administration’s First Year: Aggressive Agency Action

HR Daily Advisor

In this article, we’ll take a look at the various actions by the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Program (OFCCP). Employment Law Harassment President Donald Trump

Diversity, Inclusion and The Workplace

HR Counselor's Corner

Inclusion refers to the behaviors and social normal that guarantees that people feel welcome and a part of the group. A recent study by the Boston Consulting Group (BCG) has found that diversity increases the bottom line for companies. By Nancy Owen, PHR, Senior HR Consultant.

With ‘No-Brainer’ Appointment, Lipnic Will Head EEOC

HR Daily Advisor

Equal Employment Opportunity Commission (EEOC), the agency announced on January 25. Lipnic’s appointment was “a no-brainer,” says Jonathan Mook , a founding partner at DiMuro Ginsberg, PC , and an editor of the Virginia Employment Law Letter. “It

Are You Buying a Lawsuit with ‘Big Data’? HR Must Ask the Right Questions

HR Daily Advisor

Employers are increasingly turning to analytics to aid in recruiting, hiring, and more. But with the federal government eyeing “big data” as a potential area needing nondiscrimination enforcement, experts say HR must ask the right questions before buying any products or services.

Making Social Media Work for You—Not Against You—in Recruiting for Diversity

HR Daily Advisor

Achieving a diverse workforce and learning how to use social media to recruit talent are two common goals for employers. Gone are the days when employers would specify an age, gender, or other characteristic in a newspaper help-wanted ad.

EEOC Approves Strategic Enforcement Plan


The Equal Employment Opportunity Commission (EEOC) recently approved an updated Strategic Enforcement Plan (SEP) , which sets national priorities for fiscal years 2017-2021. Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content.

Best Defense Is Good Offense: Preparing Your Office for Legal Sports Betting

HR Daily Advisor

Supreme Court recently struck down a federal law that prohibited sports betting, thereby paving the way for states to legalize the practice. The Court’s ruling opened the door for states to pass laws permitting sports betting throughout the nation. Employment Law gambling

How to HR in a growing company – A guide for every size business


In a perfect world, all businesses would operate in strict accordance with the laws and best practices governing HR. For every size business, there are certain laws and regulations you must adhere to or risk financial or legal penalty. Applicable employment laws.

Jobseekers Do Not ‘Like’ Allegedly Biased Facebook Advertisements

HR Daily Advisor

In an effort to spread their message as widely as possible, an increasing number of employers are using social media to advertise job openings. Background on Discrimination and Ads. Nevertheless, lawyers have filed a class action lawsuit against Facebook and various employers.

Who’s Calling, Please? DFEH Will Survey Employers About Anti-Harassment and Diversity Policies


The California Department of Fair Employment and Housing (DFEH) recently announced that it will conduct a telephonic survey of California employers to ask questions about their anti-harassment and diversity policies. Employers will be selected randomly for the phone interviews.

Evaluating Whether You Should Hire Candidates with Past Criminal Histories


percent, SHRM data says that more than 7.8 While this typically includes campaigns to specifically recruit diverse candidates, persons with disabilities, and other marginalized groups, there is a trend towards recruiting candidates with past criminal histories. With nearly 700,000 people being released from jail and prison every year, employers are more open to hiring the formerly incarcerated. The Discrimination Consideration When Hiring Employees with a Criminal History.

Is Arbitration Of Harassment the Best Course Of Action?


About a year ago, employers relished a major win when the Supreme Court upheld class-action waivers in arbitration agreements , giving them the power to stop employees from banding together to file claims for work-related issues, instead forcing each to file an individual claim.

WIRTW #504 (the “once bitten, twice shy” edition)

Ohio Employer's Law

Discrimination. Labor Department tells senators it’s too ‘complex’ to collect sexual harassment data — via Workplace Fairness. Sexual Harassment has a major impact on NYC employers — via Mike Haberman’s Omega HR Solutions. The employer’s side of the story. —

Friday Five: Human and Non-Human Resources


Human resources is an increasingly data and technology-driven field. Strategic HR requires smart, big data analytics. And employer branding is more and more driven by candidate and worker technology preferences: texting, social media and more. What do you do with all this data?

WIRTW #363 (the “iron throne” edition)

Ohio Employer's Law

Here’s the rest of what I read this week: Discrimination EEOC on Transgender Harassment, Discrimination, and Restrooms — via Phil Miles’s Lawffice Space A white employee tossed banana peels at work, and HE claims discrimination. I was a Sesame Street kid.

WIRTW #365 (the “on the road again” edition)

Ohio Employer's Law

Tuesday I presented a webinar on criminal background checks and Title VII Wednesday I opened the Northern Ohio Labor & Employment Conference with a discussion of emerging technology and employment law (i.e., It’s been a crazy week.

Illinois law regulating use of AI in hiring goes into effect


A new Illinois law places requirements on employers who video record interviews with job applicants and then use an artificial intelligence system to analyze the responses, demeanor, and mannerisms of the prospective employees. The law went into effect January 1, 2020.

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Raising the Bar: Eliminating ‘Unconscious Bias’ in the Workplace

HR Daily Advisor

Many people are unsure of the exact meaning of this term or they think it is some new age concept or perhaps the latest buzzword describing a new form of discrimination in the workplace. Ensure handbooks include the company’s anti-bias/discrimination policy.

WIRTW #494 (the “affirmative action” edition)

Ohio Employer's Law

Today, I am pleased to announce that Meyers Roman has expanded our employment-law capabilities by adding Douglas B. Brown, LLC (DBB), a boutique national affirmative action law firm. Here’s what I read this week: Discrimination. via Eric Meyer’s The Employer Handbook Blog.

How Your AI-Driven Recruiting Software Could Lead to Legal Trouble Instead of Better Candidates

Linkedin Talent Blog

The road to the courtroom can be paved with good intentions, says Jaimi Kerr , a director of employment law for LinkedIn. Jaimi says that as recruiters and hiring managers navigate the ever-changing topography of AI-driven tools, they need to understand what the law has to say about it.

Roadmap to Better HR Compliance

CIC Plus

As employment laws and regulations increase, so does your risk of penalties for non-compliance. Staying compliant with federal, state, and local laws and regulations requires work. Appoint a data steward to ensure compliance for processes, and for asking any questions.

Book Review – Industrial/Organizational Psychology: Understanding the Workplace (5th ed.) by Paul E. Levy

Workplace Psychology

This is also the time when new employees learn the formal and informal rules, procedures, and expectations of the organization or work group” (Levy, 2017, p. to discriminate) against a group if the selection rate (i.e.,

WIRTW #421 (the “D-Man” edition)

Ohio Employer's Law

Here’s what I read this week: Discrimination. Matrix’s new experience data provides the first clear snapshot of employers’ ADA exposure — via Matrix Radar. EEOC Boasts “Substantial Progress” of Systemic Program — via Wyatt Employment Law Report. via Gig Employer.

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Joint Employment and the FMLA: Which Employer is Responsible?

HR Daily Advisor

When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Employer Takeaway.