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Apr 07 2022
Harassment & DiscriminationPrivacy & ConfidentialityWage and Hour

WASHINGTON: 2022 legislature limits confidentiality agreements

On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is recognized as against a clear…

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Mar 17 2022
Affirmative ActionHarassment & Discrimination

Federal contractors subject to two-pronged pay equity focus

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a pay equity directive and President Biden issued an executive order related to pay equity for federal contractors. Both were timed to coincide with Equal Pay Day. The OFCCP’s Directive 2022-01 (Pay Equity Audits) reminds federal contractors of their obligation under existing…

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Feb 03 2022
COVID-19Harassment & DiscriminationSafety and Health

CDC now uses “up to date” instead of “fully vaccinated”

In updated guidance regarding COVID-19 (coronavirus) vaccination status, the Centers for Disease Control (CDC) now uses the term “up to date” instead of “fully vaccinated.” Up to date means individuals have received all recommended COVID-19 vaccines, including any booster dose(s) when eligible. Workers are eligible for a booster if at least 5 months have passed…

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Dec 16 2021
Affirmative ActionHarassment & Discrimination

Security services contractor to pay $1,175,000 after OFCCP audit

AlliedBarton Security Services LLC agreed to pay $1,175,000 in back pay and interest to resolve allegations of pay discrimination uncovered during a routine affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP found pay disparities based on race and gender among employees in unarmed security officer jobs in New York…

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Oct 21 2021
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP rushes to extract settlements at close of FY 2021

The Office of Federal Contract Compliance Programs (OFCCP) raced to secure financial settlements from federal contractors at the close of the agency’s 2021 fiscal year, which ended on September 30, 2021. After conducting routine affirmative action audits of selected companies, the OFCCP alleged discriminatory practices in compensation and hiring. Each of the companies below agreed…

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Sep 28 2021
Affirmative ActionCOVID-19Harassment & Discrimination

ALERT: Guidance released on federal contractor vaccine mandate

On September 24, 2021, the Biden administration released guidance on the new vaccine mandate for federal contractors, entitled COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors. The new guidance implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, issued by President Biden on September 9, 2021. The executive order directed the…

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Sep 02 2021
Affirmative ActionHarassment & DiscriminationHiring

AFFIRMATIVE ACTION: Both women and men benefit from recent OFCCP settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently announced two financial settlements from federal contractors following routine affirmative action audits that revealed potential discrimination issues in their hiring processes. Interestingly, one company allegedly discriminated against women and the other company allegedly discriminated against men. Neither company admitted liability but each agreed to pay a…

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Aug 19 2021
COVID-19Harassment & DiscriminationMontana

MONTANA: FAQs released regarding vaccine discrimination law

The Montana Department of Labor recently released a series of frequently asked questions (FAQs) concerning HB 702 (2021), which as we previously reported, prohibits employers and businesses from discriminating against individuals on the basis of vaccination status. The FAQs cover many topics and include the following key interpretations concerning the new law: Applicability to other…

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May 24 2021
COVID-19Harassment & DiscriminationLeave Laws

WASHINGTON: Governor grants worker protections related to COVID-19

On May 21, 2021, Governor Jay Inslee issued Proclamation 21-08 “Safe Workers,” which prohibits Washington employers from taking any adverse employment action as a result of a worker receiving a COVID-19 (coronavirus) vaccine or needing time off related to the worker’s own COVID-19 vaccination, exposure, or illness. Time off to take a family member to…

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May 13 2021
COVID-19DisabilityHarassment & Discrimination

WASHINGTON: New law creates more pandemic worker protections

Several important developments have recently occurred in Washington state. We're addressing the following topics in this post – find the full articles below.   New law creates more pandemic worker protections. On May 11, 2021, Governor Jay Inslee signed ESSB 5115, the Health Emergency Labor Standards Act (HELSA), creating labor standards that automatically take effect…

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Apr 15 2021
COVID-19DisabilityHarassment & Discrimination

Q&A: Voluntary vaccine incentive programs may cause discrimination

Question: We’re offering workers a bonus if they voluntarily get a COVID-19 vaccination, but some workers say they don’t want to get it because of religious beliefs or disabilities. If we don’t pay those workers the bonus, are we liable for discrimination? Answer: Yes, but by adjusting your incentive plan, you can encourage voluntary vaccination…

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Apr 01 2021
Harassment & DiscriminationWage and Hour

Ninth Circuit applies broad standard for equal work

The U.S. Ninth Circuit Court of Appeals recently ruled that differences in pay for men and women in jobs that share a “common core of tasks” may trigger liability under the federal Equal Pay Act (EPA) and a similar Oregon state law that was in effect until January 1, 2019. A female psychology professor at…

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