Thursday, June 30, 2016

Ireland considers plan for financial punishments for universities that fail to meet specified targets.

Irish universities would risk losing part of their funding if they fail to tackle gender inequality under proposed reforms to improve women’s promotion chances in academe.

As part of plans put forward by an expert group commissioned by the Republic of Ireland’s Higher Education Authority, all higher education institutions would face financial penalties if they did not meet targets on gender equality agreed with the funding body.

Institutions would also be unable to apply for research funding if they failed to achieve at least a Silver Athena SWAN award (given for gender equity) within seven years, the group has recommended.

Read the full story from Inside Higher Ed here.

Proposed EEOC Guidance on National Origin Discrimination Provides Clues to Agency’s Focus

The Equal Employment Opportunity Commission has issued a Proposed Enforcement Guidance on National Origin Discrimination (“PEG”) and is allowing the public to comment through July 1, 2016. The last time the EEOC issued specific guidelines on National Origin Discrimination was in 2002.

The PEG is intended to communicate the EEOC’s position on national origin discrimination, including how the agency will investigate these types of charges. When it becomes final, the PEG will be included in the EEOC’s Compliance Manual and used by EEOC investigators as a resource in conducting investigations. Although the PEG refers to court rulings in this area, this does not mean the EEOC always will follow the majority position of courts on all issues relating to national origin. Rather, the PEG states that, in some cases, the EEOC has its own view on the correct interpretation of the law and will follow its own views.

Read the full statement from Jackson Lewis PC here.

Wednesday, June 29, 2016

EEOC To Revise Controversial Proposed Pay Data Collection Rules

In a positive development for employers, the U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it would revisit its controversial proposed pay data collection rules, essentially acknowledging that its initial proposal would have been unduly burdensome for businesses.

Fisher Phillips was one of the most vocal critics of the proposed rules, submitting public comments and pointing out the undue burden to be faced by employers, as well as the questionable utility of the data collection and the serious privacy concerns that accompany the gathering and production of this information. The firm is pleased that the agency appears to be prepared to address these concerns.

Read the full statement by Fisher Phillips here.

The Equal Employment Opportunity Commission (EEOC) holds meeting on the Select Task Force on the Study of Harassment in the Workplace

On Monday, June 20, 2016, the Equal Employment Opportunity Commission (EEOC) held a meeting at its headquarters in Washington, D.C. to present findings of the Select Task Force on the Study of Harassment in the Workplace. Authors of the report, EEOC Commissioners Chai R. Feldblum and Victoria A. Lipnic, underlined their study and recommendations for addressing workplace harassment.

Eighteen months ago the Select Task Force was formed to identify key issues related to harassment in the workplace. The Task Force included a diverse group of legal specialists, social scientists, employees and employers, and others, who provided expertise and listened to witness testimony during a series of public and private hearings held throughout the past year-and-a-half.

According to the report, existing efforts and policies to prevent harassment in the workplace have been largely ineffective. Nearly one-third of the complaints received by the EEOC in 2015 involved workplace harassment. About 75 percent of those who experience harassment never report the misconduct.

In addition to strengthening and reviewing existing programs, the study recommended the implementation of civility and bystander intervention training. Civility training can reduce harassment by promoting work environments where employees are treated with respect and dignity. Bystander intervention initiatives are meant to empower coworkers to speak up when they observe inappropriate or offensive behavior. Additionally suggested is the creation of a nationwide “It’s on Us” initiative, similar to the national campaign to reduce sexual violence on college campuses through witness intervention. Such a program could promote a culture of shared responsibility to stop harassment in the workplace.

The report stressed the importance of leadership in preventing harassment. Management must initiate and be involved in harassment prevention efforts and accountability systems.

At the meeting, Commissioners Lipnic and Feldblum advocated for each of these measures as part of a holistic approach to curb workplace harassment.

Panelists included members of the Select Task Force, Joseph M. Sellers and Rae T. Vann, as well as Professor of Psychology and Women’s Studies at the University of Michigan, Lilia Cortina and President of Sepler & Associates, Fran Sepler. Chair of the EEOC Jenny R. Yang was also in attendance.


The full report may be accessed on the EEOC website here.

An executive summary of the report may be accessed here.

More information on the meeting as well as full written testimonies of the panelists may be accessed here.

Diversity defines the millennial generation

Racial diversity will be the most defining and impactful characteristic of the millennial generation. Newly released 2015 Census data points to millennials’ role in transitioning America to the “majority minority” nation it is becoming.

Millennials between ages 18 and 34 are now synonymous with America’s young adults, fully occupying labor force and voting ages. They comprise 23 percent of the total population, 30 percent of the voting age population, and 38 percent of the primary working age population. Among racial minorities their numbers are even more imposing. Millennials make up 27 percent of the total minority population, 38 percent of voting age minorities, and a whopping 43 percent of primary working age minorities.

Read the complete Brookings story here.