SHRM Legislative Updates

SHRM Legislative Updates:

 EEO-1 Pay Data May be Garbage In From an article written by Allen Smith 2/1/2016: EEOC’s proposed the beginning September 30, 2017, pay data requirements on the EEO-1 reports to include pay data by gender, race and ethnicity. This proposal hopes to replace the Office of Contract Compliance Programs which is requiring compensation data reports by government contractors, by broadening it to apply to all employers with more than 100 employees.

 Perceived Exercise of First Amendment Rights May Be Protected From an article written by Allen Smith 1/29/16: Does the First Amendment protect an employee demoted over a misperception about his political leanings? According to Mr. Smith, this case will have limited reach because employees of private workplaces do not have First Amendment protection from termination. However, a ruling against the employee in this case could have a chilling effect on non-disruptive employee’s speech if workers become fearful of losing their jobs based on their perceived political leanings.

 No-Shows Aren’t Just for Debates – How should HR handle employees who refuse to come to meetings or work? From an article written by Allen Smith 1/29/16: Good HR managers should get to the underlying reasons for why the employee does not want to attend meetings or come to work, before any disciplinary action is taken, because delving deeper into the employee’s reason for not showing up for work or a specific work obligation may uncover a larger problem. Allen reminds us that the manager and HR should be present for all disciplinary meetings.

 EEOC Cracks Down on Retaliation – proposed guidance broadens interpretation of what is considered unlawful From an article written by Allen Smith 1/27/16: The new EEOC proposed guidance takes an aggressive stance against retaliation, citing that employers should not discharge an employee who has made a discriminating complaint and has not documented performance problems because even if the complaint is baseless, the employee may still have a viable retaliation claim. Emphasis should be placed on an organization showing consistent enforcement of rules and for any disciplinary action to be well-documented.