Salary.com Compensation & Pay Equity Law Review

Roundup: State pay transparency laws; ADA and mental health disability; Gender, law, and discrimination; AI and discrimination; State regulation of AI

Newsletter volume 3.6 February 10, 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:

  • What's the easiest way to comply with multiple state pay transparency laws?
  • Is PTSD a disability under the ADA?
  • Who decides what gender is?
  • Who is liable when AI discriminates?
  • Which states have laws regulating AI?

Not everything bad that happens between people at work is a legal issue. But if you give it long enough, it will be. Don't simply address the complaint; address the problem.

February 6th, 2025

Who Decides What Gender Is

Governments generally are not empowered to decide someone's gender one way or the other. In fact, the government's job is to treat all people equally and to apply laws in ways that do not discriminate regardless of gender.

We have to monitor the outcomes of our technology and see what effect they are having on the demographics of our workforce. The data is there. And it's not just data; it's evidence.

And if that's not persuasive, then know that New Jersey is coming for you. We all know better than to mess with New Jersey.

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