For job applicants, disclosing their current or prior salary can be one of the most anxiety-inducing parts of interviewing for a new job. Beginning on October 1, 2020, however, a new Maryland law will go into effect, prohibiting employers from asking job applicants for their wage history or relying on wage history in making hiring decisions or setting pay. The new wage…
The Supreme Court recently decided two cases, Our Lady of Guadalupe v. Morrissey-Berru and St. James School v. Biel, both on appeal from the Ninth Circuit, that clarified the scope of the so-called “ministerial exception” to anti-discrimination laws. According to the Court, under that exception, “courts are bound to stay out of employment disputes involving those holding certain important positions with churches and…
Yesterday, in its long-anticipated decision in Bostock v. Clayton County, Georgia, the U.S. Supreme Court squarely held that discrimination against gay and transgender employees in the workplace is illegal under federal law. The case arose from the terminations of three brave plaintiffs from their places of employment: Gerald Bostock, who was fired from his job as a county employee in Georgia…
A new Virginia law expands anti-discrimination protections for employees in the state and gives employees and civil rights advocate many reasons to celebrate. Here are five. 1. Virginia employees are explicitly protected from discrimination on the basis of sexual orientation and sexual identity. When the law goes into effect on July 1, 2020, there will be no dispute that employers covered…
Imagine this scenario: a corporation runs health spas, each of which is divided into a men’s division and a women’s division that operate on alternate days. Male managers run the men’s division, while female managers run the women’s division. Because there are far more female customers interested in spa services, the corporation decides to compensate the male managers and female…
“In 1963, Congress enacted the Equal Pay Act with a mandate as simple as it was profound: equal pay for equal work.” So begins the opinion in Rizo v. Yovino, a recent Ninth Circuit case holding that prior pay may not be used to justify a pay discrepancy between men and women—even if it is one factor among several. (In a…
As the coronavirus pandemic unfolds, working people are faced with a number of significant challenges, from navigating extended periods of working remotely to experiencing mass layoffs. Because the current situation is in many ways unprecedented, it can be unclear what an employer may legally require of an employee during this time. In March, the EEOC, a federal agency responsible for…
Where in the world are working women equal to men? According to an international report released...
The National Employment Lawyers Association, or NELA, does a ton of great work advocating for...
If you live in Kentucky and are pregnant, planning to become pregnant, or breastfeeding, you should be aware of new protections that may apply to you and your employer. Last month Kentucky passed the Pregnant Workers Act with bipartisan support, making it the 25th state to pass specific legislation to protect pregnant employees. Federal laws already prohibit many employers from discriminating…