Roundup: Executive Orders; DEI; Federal and state employment law relationship; Affirmative action and discrimination; Privileged audits
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:
- Can Executive Orders on DEI make new law?
- What happens if there are changes to federal anti-discrimination laws?
- Is DEI illegal now?
- Does pay transparency upset employees?
- Is it time for a privileged DEI audit?
Executive Orders Don't Make New Law
Executive Orders cannot make new law because the President does not have that authority. Making new law is Congress' job. In the meantime, all state and federal anti-discrimination laws are in effect.
Understanding the Hierarchy of Employment Laws
It looks like there may be changes to some federal employment laws. In those cases, state law will generally still be in effect and can continue to be enforced as long as the laws don't conflict.
DEI is Not Illegal
Discrimination law can be really confusing, especially if you don't deal with it all the time. So, here's a great article about what the EO on DEI means and some context from me.
