Roundup: Supreme Court agency decisions on employment law, retirement, and equity compensation; pay equity and DEI; Discrimination and benefits; LGBTQ+ harassment
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:
- How will the recent Supreme Court affect employment law?
- How could the Court's agency decisions affect retirement accounts and equity compensation?
- Is pay equity a way to see results in DEI?
- Could there be discrimination claims hidden in your benefits and insurance policies?
- What is the EEOC's guidance on gender expression and sexual orientation discrimination?
- What's going on when people harass others and how do I deal with it?
How Recent Supreme Court Decisions Could Affect Employment Law
First, none of the recent decisions on agency powers involved employment law. Second whether and how the decisions apply to agencies like the EEOC, DOL, OSHA, FTC, and the NLRB depends a lot on what powers Congress gave that specific agency to do whatever thing someone is complaining that they did.
How recent SCOTUS Rulings Could Affect Retirement and Equity Compensation
Continuing our coverage of the Supreme Court term and agency decisions, this time we're talking about some existing and immediate challenges to agency rules that involve ERISA relating to equity as compensation and employee retirement funds. (Even though nobody truly understands ERISA, including me.)
Start With the Money
This is an excellent list of practical things you can do to build diversity, equity, inclusion and belonging in your organization. I've been thinking about this for a while now, and I would begin with the last suggestion—conduct pay equity audits. Here's why.
Discrimination Laws Apply to Benefits Too
Excluding gender affirming care and other forms of medical care based on gender can be illegal discrimination. Here's more on a recent case finding that an employer's benefits were discriminatory.
Dealing with Harassment
When you are dealing with any form of harassment or discrimination, it's good to remember that it's probably not about whatever it's about and the harasser believes they are right. You're not going to change anyone with progressive discipline, coaching, or even threats.
