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Salary.com Compensation & Pay Equity Law Review

Roundup: AI and bias; Pregnant Workers Fairness Act; RTO and FMLA; Pay transparency; Sex-plus gender discrimination

Newsletter volume 2.39 October 14, 2024

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 answering the questions:

  • Which is less biased: humans or AI? Does it matter?
  • Is the EEOC enforcing the Pregnant Workers' Fairness Act?
  • What are some employment law issues to think about with RTO?
  • Are most employers really posting the pay in job ads?
  • Does rationalizing discrimination work?
October 8th, 2024

AI Discrimination is Human

It doesn't matter whether employers use AI in decision making or not. Discrimination is illegal and we need to do a better job of seeing it and addressing it based on outcomes rather than processes. The process is going to be biased either way.

October 9th, 2024

Pregnant People Can Do Great Work

The misconceptions we have about pregnancy and work is exactly why we need the Pregnant Workers' Fairness Act. Pregnant people can do great work—even though they are building a baby, wake up to a new body every day, and need regular medical checkups. This should not be controversial. Babies are good.

October 10th, 2024

Return to Office Can Raise FMLA Issues

It's been almost 5 years since the pandemic shutdown and people are used to flexibility. Before you take that away, it's good to consider who will be affected, how, and whether there are issues with protected leave or accommodations.

October 11th, 2024

Most Employers Are Posting the Pay

What if everyone was comfortable posting pay because they were confident in their company culture and values? LFG.

October 14th, 2024

When Rationalization Isn't Rational

We think we're not biased because we think we're really just not fans of this one thing. That can be discrimination too when it affects employment decisions. Here's a great discussion of some cases involving Sex-plus gender discrimination.

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