New Jersey Equal Pay Law Takes Effect July 1, 2018

Law Effective July 1, 2018

A new state law expands coverage of existing law to prohibit discrimination in wages on the basis of any protected class. Highlights of the law include the following.

Prohibited Employer Actions
Under the new law (applicable to employers of all sizes), an employer may not pay any of its employees who is a member of a protected class at a rate of compensation, including benefits, that is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility.

In addition, an employer who is paying a rate of compensation in violation of the new law may not reduce the compensation of any employee to comply with the law.

Exceptions
An employer may pay a different rate of compensation only if the employer demonstrates that the differential is made pursuant to a seniority or merit system, among other exceptions.

The law takes effect on July 1, 2018Click here to read the new law, which includes additional exceptions.

Background
Current New Jersey law prohibits employers from discriminating in any job-related action, including (among other things) compensation and the terms, conditions, and privileges of employment on the basis of any of the law’s specified protected categories (e.g., race, creed, color, national origin, nationality, ancestry, age, and sex).

As of today, no poster revisions or requirements have been released. All In One Posters will be monitoring future developments.

Originally posted by HR360

New Jersey Releases Discrimination Poster to Providing Protections to Nursing Mothers

On January 8, 2018, former New Jersey Governor Chris Christie signed new legislation amending the New Jersey Law Against Discrimination to add breastfeeding as a protected class under the law. The Amendment, which takes effect immediately, makes it unlawful to discriminate or retaliate against an employee that the employer knows, or should know, is either breastfeeding or expressing milk for her infant child.

Our New Jersey Labor Law Posters now include the updated posting that was just released last week.

Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

The Pregnant Workers Fairness Act amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, enforced by the Massachusetts Commission Against Discrimination (MCAD).

The Act, effective on April 1, 2018, expressly prohibits employment discrimination on the
basis of pregnancy and pregnancy-related conditions, such as lactation or the need to express breast milk for a nursing child. It also describes employers’ obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers.

Under the Act:

  • Upon request for an accommodation, the employer has an obligation to communicate with the employee in order to determine a reasonable accommodation for the pregnancy or pregnancy-related condition. This is called an “interactive process,” and it must be done in good faith. A reasonable accommodation is a modification or adjustment that allows the employee or job applicant to perform the essential functions of the job while pregnant or experiencing a pregnancy-related condition, without undue hardship to the employer.
  • An employer must accommodate conditions related to pregnancy, including post-pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship on the employer. “Undue hardship” means that providing the accommodation would cause the employer significant difficulty or expense.
  • An employer cannot require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship to the employer.
  • An employer cannot refuse to hire a pregnant job applicant or applicant with a pregnancy-related condition, because of the pregnancy or the pregnancy-related condition, if an applicant is capable of performing the essential functions of the position with a reasonable accommodation.
  • An employer cannot deny an employment opportunity or take adverse action against an employee because of the employee’s request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition.
  • An employer cannot require medical documentation about the need for an accommodation if the accommodation requested is for: (i) more frequent restroom, food or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk. An employer, may, owever, request medical documentation for other accommodations.
  • Employers must provide written notice to employees of the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy, in a handbook, pamphlet, or other means of notice no later than April 1, 2018.
  • Employers must also provide written notice of employees’ rights under the Act: (1) to new employees at or prior to the start of employment; and (2) to an employee who notifies the employer of a pregnancy or a pregnancy-related condition, no more than 10 days after such notification.

As of today, there has not been any mandatory posters associated with this update that will be included in our posters. All in One Poster Company will continued to monitor this labor law update.

The foregoing is a synopsis of the requirements under the Act, and both employees and employers are encouraged to read the full text of the law available on the General Court’s website here:
https://malegislature.gov/Laws/SessionLaws/Acts/2017/Chapter54.

If you believe you have been discriminated against on the basis of pregnancy or a pregnancy-related condition, you may file a formal complaint with the MCAD. You may also have the right to file a complaint with the Equal Employment Opportunity Commission if the conduct violates the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964. Both agencies require the formal complaint to be filed within 300 days of the discriminatory act.

Originally published by MCAD

California Transgender Rights Included In Our 2018 All In One Labor Law Posters

California Law Effective January 1, 2018

A new law in California adds posting and sexual harassment training requirements for certain employers. A summary of the law is listed below.

New Posting Requirement
Under the new law, every employer must post a notice (developed by the state) regarding transgender rights in a prominent and accessible location in the workplace.

General topics covered by this poster include:

  • Definitions of certain terms such as transgender, gender identity, gender expression and gender transition.
  • The importance of allowing an employee to dress in accordance with the employee’s gender identity and expression.
  • A discussion on the right of employees to use restrooms, locker rooms and other similar facilities corresponding to their gender identity.

“We expect this posting requirement to increase understanding of the law and assist California employers in providing safe and inclusive work environments,”
– Kevin Kish, Director of DFEH.

New Sexual Harassment Training Requirements
Under current law, employers with 50 or more employees must provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in California within 6 months of their assumption of a supervisory position. A covered employer must provide sexual harassment training and education to each supervisory employee in California once every 2 yearsClick here (§ 12950.1) for more details.

Under the new law, covered employers must also provide training inclusive of harassment based on gender identity, gender expression, and sexual orientation as a component of the training and education specified above. The training and education must include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation, and must be presented by trainers or educators with knowledge and expertise in those areas.

Additional provisions are contained in the text of the new law. The law is effective January 1, 2018.

These notices can be obtained free of charge from the California Department of Industrial Relations.

  • For the convenience of our customers, we will be including the new Transgender Rights In The Workplace notice in our 2018 California & Federal Combination Posters.
  • Also, to aid in sexual harassment training, we are also offering the newly updated California Sexual Harassment Notice as a laminated poster available in 3 different sizes. Displaying a poster signifies compliance and is evidence for the training provided.
  • The newly updated California Industrial Welfare Commission (IWC) Wage Order Posters are also available as a 24″ x 39″ laminated poster. This poster that contains updates for January 2017 and January 2018 is what regulates the working conditions as well the hours and wages of a particular industry or occupation group. It is required by California Labor Code 1183 (d) and enforced by the Division of Labor Standards Enforcement (DLSE).

EEOC Fact Sheet Outlines Responsibilities of Small Businesses Under Federal Nondiscrimination Laws

Equal opportunityFact Sheet Available in Multiple Languages

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a fact sheet that provides an overview of the legal obligations of small businesses under federal nondiscrimination laws.

Background
The EEOC enforces federal laws against employment discrimination based on race, color, religion, sex, national origin, disability, age, and genetic information. These laws also prohibit retaliation (punishment) for opposing or reporting discrimination, or participating in a discrimination investigation or lawsuit. The laws enforced by the EEOC apply to employers who employ a certain threshold number of employees.

Fact Sheet
In the fact sheet, the EEOC outlines the following responsibilities for employers:

  • Ensure that employment decisions are not based on race, color, religion, sex, national origin, disability, age, or genetic information.
  • Ensure that work policies and practices are related to the job and do not disproportionately exclude people of a particular race, color, religion, sex, national origin, disability, or age.
  • Ensure that employees are not harassed because of race, color, religion, sex, national origin, disability, age, or genetic information.
  • Provide equal pay to male and female employees who perform the same work (unless employers can justify a pay difference under the law).
  • Respond promptly and adequately to discrimination complaints. Stop, address, and prevent harassment and discrimination. Ensure that employees are not punished for complaining.
  • Provide reasonable accommodations (changes to the way things are normally done at work, such as permitting a schedule change so an employee can attend a doctor’s appointment or can observe a religious holiday) to applicants and employees who need them for medical or religious reasons, if required by law.
  • Display a poster that describes the federal employment discrimination laws.
  • Keep any employment records (such as applications or personnel records) as required by law.

Note: Employers may have additional responsibilities under federal, state, or local nondiscrimination laws.

The fact sheet also provides information about EEOC resources for small business owners, and is available in multiple languages. Click here to download the fact sheet (scroll down to the “Small Businesses” tab to view the available languages).

ORIGINALLY POSTED BY http://www.hr360.com

 

New York Issues Regulations Prohibiting Harassment and Discrimination on the Basis of Gender Identity, Transgender Status, or Gender Dysphoria

Regulations Now in Effect

The Governor of New York has issued regulations—under the stateHuman Rights Law—which prohibit harassment and discrimination on the basis of gender identity, transgender status, or gender dysphoria.

Background
Under New York’s Human Rights Law, it is an unlawful discriminatory practice for an employer to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against an individual in compensation or in terms, conditions, or privileges of employment because of an individual’s sexual orientation, sex, disability, familial status, marital status, or domestic violence victim status (amongother protected classes).

The law generally applies to employers with 4 or more employees; however, the law’s prohibitions against sexual harassment apply to all employers—regardless of size.

New Regulations
Highlights of the new regulations include the following:

  • Discrimination on the basis of gender identity is sex discrimination.
  • The prohibitions contained in the state Human Rights Law against discrimination on the basis of sex (in all areas of jurisdiction where sex is a protected category) also prohibit discrimination on the basis of gender identity or the status of being transgender.
  • Harassment on the basis of a person’s gender identity or the status of being transgender is sexual harassment.
  • The term “disability,” when used in the state Human Rights Law, includes gender dysphoria or other condition meeting the definition of disability in the law.
  • Refusal to provide reasonable accommodation for persons withgender dysphoria or other condition meeting the definition of disability in the law, where requested and necessary (and in accordance with state regulations on reasonable accommodation), isdisability discrimination.
  • Harassment on the basis of a person’s gender dysphoria or other condition meeting the definition of “disability” in the law is harassment on the basis of disability.

The regulations are effective as of January 20, 2016. Additional information is available in the text of the regulations. A press releaseconcerning the regulations is also available.

HR360 Editorial Team http://www.hr360.com

New York Enacts Several Civil Rights Measures Affecting the Workplace

Changes Take Effect January 19, 2016

New York has enacted a series of changes to its workplace nondiscrimination laws. The changes take effect on January 19, 2016. A summary of the key changes is presented below:

  • Expanded Coverage for Sexual Harassment Actions. A new lawprovides that the state nondiscrimination law’s prohibitions againstsexual harassment apply to all employers—regardless of size. (Prior to January 19, 2016, the provisions regarding sexual harassment are applicable to employers with 4 or more employees.)
  • Pay Equity and Sharing of Wage Information. An amended lawprovides that (among other things) an employer cannot prohibit an employee from inquiring about, discussing, or disclosing his or her wages or the wages of another employee. However, an employer may—in a written policy provided to all employees—establish reasonable workplace and workday limitations on the time, place, and manner for such inquiries, discussions, or disclosures.
  • Discrimination Based on Family Status Prohibited. An amended law (applicable to employers with 4 or more employees) prohibits discrimination in employment based on familial status.
  • Clarification Regarding Pregnancy-Related Conditions. A new measure clarifies that employers with 4 or more employees are generally prohibited from refusing to provide reasonable accommodations to the known disabilities—or pregnancy-related conditions—of an employee/applicant in connection with a job or occupation sought or held. Additionally, pregnancy-related conditions must be treated as temporary disabilities under the law.

The governor’s office has issued a press release regarding the new legislation. Additional information regarding New York workplace nondiscrimination law is available from the New York State Division of Human Rights.

To review other state laws specific to New York, visit the State Lawssection, click on New York, and choose your topic of interest from the left-hand navigation menu.

ORIGINALLY POSTED BY http://www.HR360.com