On December 22, a California federal judge issued a nationwide preliminary injunction blocking President Donald Trump’s Executive Order on Combating Race and Sex Stereotyping (“Executive Order”). The controversial Executive Order restricted diversity training for federal contractors by prohibiting contractors from providing training covering “divisive topics.” U.S. District Court Judge Beth Labson Freeman’s preliminary injunction takes effect immediately, remains in place until further order of the court, and prohibits the federal government from implementing or enforcing key provisions of the Executive Order.
Continue Reading Trump’s Executive Order Limiting Diversity Training Put On Ice For The Holidays
Diversity & Inclusion
California Employers’ To-Do List Grows With New Worker Laws
By Susan F. Eandi, Autumn Sharp & Billie Wenter on
California Gov. Gavin Newsom (D) closed this most recent legislative season by signing dozens of new bills into law that affect California employers. Though some were emergency bills and took effect upon signing, the remainder take effect on Jan. 1, 2021.
The laws are wide-ranging, encompassing topics from pandemic-related measures, to the first board of…
US Pay Equity and Transparency Developments: What You Need to Know Going Into 2021
By Caroline Burnett, Susan F. Eandi, Emily Harbison & Billie Wenter on
It’s hard to miss the uptick in litigation against high profile US companies over alleged unequal pay for female employees these days. Cases seem to hit the headlines frequently and several targeted industries include professional sports, professional services organizations, and technology companies. With equal pay protections constantly expanding, and employees often seeking class certification, in 2021, employers should be especially diligent in identifying and rectifying unjustified pay disparities.
So, if you need a New Year’s Resolution, consider undertaking a pay equity audit. This will position your company to determine, at baseline, whether any unjustified pay disparities exist, where those disparities lie and proactively take any remedial measures to help mitigate against becoming a headline. In conducting a pay equity audit, employers should pay close attention to the legal backdrop of pay equity, and how that landscape is changing.
As we head into the New Year, here are several US developments companies ought to know:
California Enacts First Employee Data Reporting Law
On September 30, California Gov. Gavin Newsom signed Senate Bill 973, Sen. Hannah-Beth Jackson’s bill relating to annual reporting of employee pay data. SB 973 requires private employers with 100 or more employees to report employee pay data to the Department of Fair Employment and Housing (DFEH) by March 31, 2021, and annually thereafter, for specified job categories by gender, race and ethnicity. California will be the first state to require employers to submit such employee data.Continue Reading US Pay Equity and Transparency Developments: What You Need to Know Going Into 2021
Upcoming Webinar | Quick Hits: California’s Top 10 & What You Need To Know In 2021
By Todd K. Boyer, Michael E. Brewer, Susan F. Eandi, Michael Leggieri, Robin Samuel & Billie Wenter on
We are excited to invite you to our virtual Annual California Employer Update on Tuesday, December 8, 2020, from 1:00 – 2:15 PM PT.
“Quick Hits: California’s Top 10 & What You Need To Know In 2021” is designed to ensure that in-house counsel are up to speed on what changed in 2020 and prepared…
Best Practices For Managing Global Employee Diversity Data (Video Chat)
By Susan F. Eandi & Anna Brown on
This video provides practical tips to help in-house counsel best approach the collection and use of diversity data in the US and globally.
Click here to access the video.
Originally featured in Law360.
Diversity, Equity & Inclusion | Best Practices for Managing & Collecting Employee Diversity Data
By Anna Brown, Susan F. Eandi & Emily Harbison on
In the midst of the global conversation around diversity, equity and inclusion, many companies are looking to collect data from employees — on a voluntary basis — about their demographic characteristics. Listen in to hear practical tips on how to collect and manage diversity data.
Please click below to watch the video chat:
DOL Issues Guidance on Controversial Executive Order on Combating Race and Sexual Stereotyping
By Susan F. Eandi, Robin Samuel & Autumn Sharp on
On October 7, 2020, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its initial FAQ regarding President Trump’s Executive Order 13950, Executive Order on Combating Race and Sex Stereotyping (“Executive Order”). As discussed in our recent blog post, the Executive Order prohibits federal contractors from conducting workplace training during the performance of a government contract that inculcates certain “divisive concepts” in employees, and requires federal contractors to impose the same prohibition on their subcontractors and vendors.
The guidance provides some clarity to the Executive Order, which has been widely described as difficult to understand and implement. We highlight some of the guidance’s key points below.Continue Reading DOL Issues Guidance on Controversial Executive Order on Combating Race and Sexual Stereotyping
California Employers With 100 Or More Employees Must Report Pay Data By March 31, 2021
As predicted, on September 30, 2020, California Governor Newsom signed SB 973 into law. SB 973 requires private employers with 100 or more employees to report pay data to the Department of Fair Employment and Housing by March 31, 2021, and by March 31 each year thereafter, for specified job categories by gender, race, and…
California Mandates More Diversity in Corporate Boardrooms
By Caroline Burnett & Susan F. Eandi on
Following in the steps of precedent setting legislation mandating women on boards two years ago, on September 30, 2020, California Governor Gavin Newsom signed AB 979 into law mandating diversity on certain public company boards of directors. The new law requires publicly held corporations headquartered in California to include at least one person from an underrepresented community by the end of next year, with additional appointments required in future years.
New Obligations
The new legislation is the first of its kind in the U.S. and is the second time California seeks to mandate diversification of public company boards through legislation. (Read more about the 2018 legislation requiring companies to put female directors on their boards here.) The first piece of legislation aimed at increasing gender diversity; AB 979 seeks to increase diversity from “underrepresented communities.”Continue Reading California Mandates More Diversity in Corporate Boardrooms
Can Federal Contractors Provide D&I Training? Executive Order on Combating Race and Sexual Stereotyping Leaves Federal Contractors With No Clear Answer
By Michael E. Brewer, Susan F. Eandi, Emily Harbison & Autumn Sharp on
On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (“Executive Order”), following a September 4, 2020 White House memorandum criticizing federal agencies for having “divisive, un-American” training sessions on “critical race theory,” “white privilege,” and other training teaching individuals that the US or any race or ethnicity is inherently racist. The September 4 memorandum instructed federal agencies to cease the funding of any training that fit the description.
The September 22 Executive Order brings federal contractors into the fold, prohibiting them from using any workplace training during the performance of a government contract that inculcates in their employees certain “divisive concepts,” and requiring them to carry those imperatives down to their subcontractors and vendors. Though the Executive Order was “effective immediately” as of September 22, the requirements for contractors affect federal prime contracts entered into on or after November 21, 2020, leaving some time for federal contractors to prepare-or watch as expected legal challenges to the Executive Order play out.
Despite the uncertainty surrounding the Executive Order, federal contractors can take steps to prepare in case the Executive Order applies come November. Here’s what federal contractors need to know now.Continue Reading Can Federal Contractors Provide D&I Training? Executive Order on Combating Race and Sexual Stereotyping Leaves Federal Contractors With No Clear Answer