Roundup: Risk of foreign travel; CA notice of immigration inspection; ADA accommodations; Gender identity discrimination; Reverse discrimination;
Salary.com Compensation and Pay Equity Law Review
Welcome to Salary.com's Compensation and Pay Equity Law Review.
Our editor, employment lawyer Heather Bussing, is tracking legislation, cases, and analysis to give you the latest critical HR topics. She and Kent Plunkett, CEO of Salary.com, also have a new book out on Pay Equity, Get Pay Right: How to Achieve Pay Equity that Works!
This week we're asking these questions and even answering some of them:
- What do you need to know before sending employees outside the US or asking people to come to the US from other countries?
- Can delaying an accommodation decision violate the ADA?
- What do CA employers need to tell employees about noticed ICE inspections?
- Why are courts saying that discrimination based on gender identity isn't gender discrimination?
- Should people in majority groups have a higher standard of proof to show discrimination?
What Are the Risks Traveling In and Out of the US?
It's important to understand the risks and be prepared before sending employees overseas for work. Even if people are just taking foreign vacations, it's worth educating employees about the information in this travel advisory from Ice Miller (not that Ice).
Don't Make Employees Wait for Accommodations
The ADA is actually designed to solve problems and employers have a legal obligation to figure out an accommodation that works. This employer stalled, stone walled, and demanded more medical exams and letters. Their strategy appeared to be keep delaying and maybe the employee would go away. Seems like harm and disability discrimination to me.
CA Employers Must Notify Employees of Immigration Inspection
California employers cannot discriminate or retaliate against any immigrant employees for exercising their employment rights to make discrimination, wage and hour, or other claims. This expressly includes threatening to or actually turning an employee into ICE or other authorities.
Prejudice and Pride
I realize that there are people who are prejudiced against queer and trans people. But fundamentally, this is gender discrimination. If someone does not appear or act consistent with other people's gender norms and stereotypes, that's gender discrimination under Title VII and state laws.
The Supreme Court Got It Right in Ames
Anyone who claims discrimination should have to prove it under the same standard because that is equity.
