UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order. 

The U.S. Court of Appeals for the Seventh Circuit decided last week in Hively v. Ivy Tech Community College that sexual ...

Last call!

Voting for the ABA Blawg 100 will close at 11:59 p.m. Central Time this Sunday, August 7. If you have not already done so and are inclined, we would very much appreciate your going HERE and giving Employment & Labor Insider (and our sister blog, FOCUS) your vote. You don't have to be a lawyer, and it won't take but a minute. Thank you!

Massachusetts has had a "comparable worth" law forever, but Gov. Charlie Baker just signed some amendments that will make it easier for women (and men) to assert pay equity claims. In addition to making it easier for plaintiffs to prove that two jobs are "substantially similar," the law prohibits asking for salary history before a conditional offer of employment has been made ...

Louise Davies is an Affirmative Action Paralegal in Constangy's Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan ...

Now, this is bipartisanship! Both Hillary Clinton and Donald Trump agree . . . you should nominate Employment & Labor Insider for the 2016 ABA Blawg 100, sponsored by the American Bar Association.

And while you're at it, please nominate FOCUS, our women's leadership blog. (You can nominate more than one blog.)

You don't have to be a lawyer to vote. Just go to the page here and make your ...

Well, Gretchen is out, Roger is out, and Megyn is in. Your Magic 8-Ball is here to answer the sexual harassment questions that employers are dying to ask.

No. 1. I thought sexual harassment investigations were supposed to be confidential. Wasn't it inappropriate for all of the Fox on-air talent to be expressing their opinions in public about whether Roger Ailes did it or not? 

The U.S. Department of Labor and U.S. Steel have settled their OSHA retaliation lawsuit over the suspension of two employees who failed to comply with the company's "Immediate Reporting Policy," which required employees to report workplace injuries and illnesses . . . immediately. That's nice, but it's even nicer that the settlement, which is publicly available, includes a new ...

The OFCCP's Final Rule on sex discrimination will take effect August 15. Are you ready?

On June 14, the Office of Federal Contract Compliance Programs issued its Final Rule on sex discrimination. These new substantive regulations align with the latest legal developments and interpretations by the Equal Employment Opportunity Commission. Cara Crotty, the head of ...

Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC's older Q&A and Best Practices on religious discrimination, harassment, and accommodation.

The EEOC's guidance is solid, reasonable, and consistent with most (if not all) of the court decisions that I'm ...

If you have ever wondered why your company's data is not as secure as it should be, take a look in the mirror.

A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of data breaches were not due to bad IT but due to bad employees who prey on unwitting or careless employees.

And it doesn't take a computer science degree to be able to do some ...