Salary.com Compensation & Pay Equity Law Review

Roundup: Boring but simple

Newsletter volume 3.22 June 02, 2025

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:

  • How are unions dealing with the prospect of AI replacing workers?
  • What's the significance of the Workday lawsuit becoming a class action?
  • Does the EEOC even matter anymore?
  • Is DEI discrimination?
  • How can compliance with civil rights laws be fraud?

This is a brilliant and beautifully written article from Michael Whitbread at Littler on how unions are responding to the use of AI at work and the potential threat to human jobs. It offers thoughtful analysis, a summary of current and coming state laws on AI, and excellent practical approaches for all employers—whether or not they work with a union.

The trouble is that the computers do their sorting and ranking based on data about what has happened in the past. And the past is rife with bias— because humans. So, of course the computers are biased. What else could they be?

Here's more on the Texas case that challenges whether gender identity is grounds for employment discrimination. Regardless, as the article points out, in California gender identity and gender expression are protected by state law.

This is a great summary of court cases where employees have challenged being required to attend DEI training claiming it was harassment, created a hostile work environment or both. The courts have disagreed.

June 2nd, 2025

Civil Rights Fraud?

The best approach is to tie your DEI initiatives to business strategy and outcomes and to make sure that your DEI programs are open to everyone, even if everyone doesn't choose to participate.

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