Salary.com Compensation & Pay Equity Law Review

Roundup: Paid Covid leave; Anxiety and ADA; Employee monitoring; Diversity and discrimination; AI and bias

Newsletter volume 2.11 March 18, 2024

Salary.com 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.

This week we're answering the questions:

  • Which makes more sense, paid Covid leave or paid sick leave?
  • Is anxiety a disability?
  • Do you really want to monitor your remote employees?
  • Why are people conflating diversity and discrimination?
  • Can AI eliminate bias in employment decisions?

If Covid is really over, then legislation requiring paid Covid leave should have little or no impact on employers. If not, maybe a better approach is to require more paid sick leave to protect people from Covid and everything else. We'll see what happens.

March 13th, 2024

Anxiety a Disability?

Anxiety is the primary symptom of depression for me. On those days, getting out of bed is an extreme act of courage. I know it sounds weird, especially for people whose lives and brain chemistry are better suited for reality. The point is, don't write off anxiety as a disability. It often comes with serious health issues.

Don't monitor employees because you can. Make sure you have a really good reason that justifies undermining your employees' trust and privacy. And don't monitor illegally because both state and federal laws may apply.

It's not a surprise that we're seeing more litigation from straight white men claiming discrimination. And if they are being passed over because of their race, gender, or sexuality, that violates discrimination laws. At the same time, diversity is also the law and not discrimination. Don't you love employment law?

AI takes oodles, gobs, heaps, and slews of data and processing power to do things in moments that would take our pondering, distracted human brains a really long time or be impossible. This is very cool.

But there's lots of opportunity for bias to creep in and important information to get out.

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