President Trump issued the “Executive Order on Combating Race and Sex Stereotyping” on September 22, but no federal regulations have subsequently been released on how to implement the Order. In the absence of such regulations, the DOD and NASA recently issued memorandums to provide instructions on the way to implement the Order in solicitations and contracts.
For the full alert, visit the Faegre Drinker website.
Starkey v. Roman Catholic Archdiocese of Indianapolis has been appealed. We expect the Seventh Circuit will soon have the opportunity, post-Bostock, to weigh in on the intersection of Title VII’s sexual orientation and gender identity protections and its religious organization exception, related to a religious organization’s employment decisions. This could foreshadow future disputes and court rulings in this developing area of the law.
For the full alert, visit the Faegre Drinker website.
The work-from-home trend presents a host of employment law challenges, including unavoidable changes to how employers investigate and defend claims of hostile work environments. Non-traditional work settings may even give rise to new types of harassment and discrimination, challenging employers to rethink workplace policies and training to make sure they apply to all work environments, whether in the office or remote.
Continue reading “Hostile Environment Claims in a Work-From-Home World”
The Office of Federal Contract Compliance Programs has issued nine Frequently Asked Questions (FAQs) to address Executive Order 13950, which is intended “to combat offensive and anti-American race and sex stereotyping and scapegoating.” The FAQs include a range of topics — from the effective date of the Executive Order and examples of race or sex stereotyping or scapegoating, to how to file a complaint for unlawful training programs.
For the full alert, visit the Faegre Drinker website.
Colorado employers should prepare to comply with the Equal Pay for Equal Work Act (EPEWA), which will become law in the state on January 1, 2021. The new law will prohibit employment discrimination on the basis of sex, which includes gender identity, or sex in combination with another protected status, by paying employees of different sexes differently for substantially similar work.
For the full alert, visit the Faegre Drinker website.
The U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) announced its new hotline and email address to provide a forum to report noncompliance with Executive Order 11246 as well as President Trump’s recent executive order, which curtails certain employee diversity and inclusion training.
As recently reported, on September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Executive Order 13950) in an effort to “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures. Executive Order 13950 significantly limits the diversity trainings federal contractors may offer and requires contractors to add contract provisions prohibiting “race and sex stereotyping” in their subcontracts and purchase orders, among other requirements. Executive Order 13950 also directed the OFCCP to create a hotline where employees could report suspected violations of Executive Order 13950’s requirements, in addition to violations of long-standing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity and national origin, and prohibits inquiring about, discussing or disclosing one’s compensation or the compensation of others.