Candidate Screening: Salary History Joins Growing List of Banned Criteria!

On May 4, 2017, New York City Mayor Bill De Blasio signed a bill which bars private employers from (1) inquiring about a prospective employee’s salary history during all stages of the employment process, and (2) relying upon a prospective employee’s salary history in the determination of salary. New York City joins Massachusetts, Puerto Rico and Philadelphia which already have similar legislation. The theory behind such laws is that such inquiries may serve to perpetuate discrimination that job applicants have experienced in the past. READ MORE

Worker Deaths Lead to Criminal Indictments, $1.4M OSHA Fine

On October 21, 2016, two employees of Atlantic Drain Service, Inc. died when the approximately 12-foot deep trench in which they were working in Boston collapsed, breaking an adjacent fire hydrant supply line and filling the trench with water. In February 2017, a Suffolk County grand jury indicted Atlantic Drain and its owner on two counts each of manslaughter and other charges in connection with the deaths. READ MORE

Repeal Avoids Need for Legal Challenge to Defiant OSHA Rule!

On April 3, 2017, President Trump signed legislation nullifying a new OSHA rule, published on December 19, 2016, which sought to impose upon employers continuing obligations to create OSHA 300 Logs and OSHA 301 Incident Reports throughout the entire five-year period in which such records are required to be maintained. READ MORE

Supreme Court Likely to Resolve Conflict as to Sexual Orientation Bias

Title VII of the Civil Rights Act of 1964 (“Title VII”) makes it unlawful for employers subject to the Act to discriminate on the basis of a person’s “sex.” In the past 30 days, three federal appellate courts have addressed the question of whether discrimination on the basis of sexual orientation can be actionable under Title VII as a form of “sex” discrimination. READ MORE

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