Gender Transitions in the Workplace

Employer obligations to employees that are considering and undergoing gender transition surgery are unclear. No federal employment law explicitly prohibits discrimination against transgender employees, but, some courts, including the Eleventh Circuit, have interpreted Title VII to prohibit such discrimination. See E.E.O.C. v. R.G. & G.R. Harris Funeral Homes, Inc. 884 F.3d 560 (6th Cir. 2018); […]

The Importance of Environmental Scans: Ensuring Compliance with Compensation Laws

Environmental scans can help you ensure that your company’s pay structure complies with federal and state compensation laws. Key federal compensation laws include the Fair Labor Standards Act (“FLSA”) and the Equal Pay Act (“EPA”). The FLSA is a broad compensation statute establishing minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and […]

California Takes Steps to Push Gender Equality in the Board Room

Beginning on December 31, 2019, companies with principal executive offices (based on the corporation’s SEC 10-K filing) located in California will be required to have at least one (1) female on their board of directors. See S.B. 826 (Ca. 2018). California is the first state to enact such a measure, although, other countries, such as […]

Nursing Mothers in the Workplace

Eight years ago, ELS Partner, Chandra C. Davis became a mother to a beautiful daughter. She, like many women, decided to breastfeed; but Davis also worked full time as an attorney. One morning, Davis had a deposition to attend and arranged to have two rooms reserved: one for the deposition and the other to use […]

Consider Modeling Your Company’s Sexual Harassment Policy after New York State’s Model Sexual Harassment Policy

Last week, New York issued its model sexual harassment policy and trainings aimed at curbing sexual harassment in the workplace.[1] Employers with business operations in New York should be aware of the new rules under New York law and update their sexual harassment policies as needed.  Even companies that do not conduct business operations in […]

State Equal Pay Laws

Most states have laws prohibiting wage discrimination based on sex. Most state equal pay acts grant exceptions for pay based on wage differentials other than gender, such as seniority or merit. Below is a chart of each state’s equal pay law. State Provisions Alabama None. Alaska Employers cannot pay females less than males for comparable work […]

Sexual Harassment: Best Practices for Employers

Over the past several months there have been countless stories of sexual harassment scandals, but what isn’t the news telling us? The news has left many companies wondering how these allegations against their favorite celebrities arose and if their company is next. Read more ..

Missed our Sexual Harassment Workshop? Get the Materials Here!

On March 6, 2018, ELS presented Sexual Harassment: What the Media is NOT Telling You. The workshop discussed “unpopular” issues in sexual harassment law. Topics included sexual harassment basics and less discussed issues in sexual harassment  law, including same-sex harassment, female harassers, false claims, and consensual office romance that becomes harassment. ELS can equip your organization the tools needed to […]

Read ELS’ Practical Guidance on Discovery in Employment Litigation

ELS Partners, Jamala McFadden and Chandra Davis, and ELS attorney, Raquel Crump, had the pleasure of authoring a Lexis Practice Advisor Practice Note concerning Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from Plaintiffs. The practice note provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits. […]

Watch our Sexual Harassment Workshop Live Tomorrow!

Can’t attend our workshop tomorrow? Watch it live on Facebook or YouTube. We’ll be starting at 11:30 am!