Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall within this protection. And, section 8
sex discrimination
Employer Feedback Wanted: New York To Update its Sexual Harassment Prevention Policy
The State of New York is looking to strengthen its existing laws concerning the prevention of sexual harassment in the workplace. To do so, the Department of Labor (DOL) is calling on New Yorkers to submit their feedback, which may be provided online before September 20, 2022.
Currently, employers in New York are required to…
Australian Human Rights Commission – Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces
The Australian Human Rights Commission (AHRC) has recently released its ‘Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces’ report (Report) in response to the decision in June 2018 by the Sex Discrimination Commissioner, Kate Jenkins, and the then Minister for Women, the Hon Kelly O’Dwyer, to launch the independent national inquiry into sexual harassment in Australian workplaces (Inquiry).
Gender pay gap: a new measuring tool
Since 1972, there have been numerous laws on professional equality between men and women but the gender pay gap remains a crucial issue which has not been resolved yet.
The parliament voted a new law on 5th September 2018 creating an index to be used to measure the gender pay gap in companies.
Since 1st…
Court holds that it’s not discriminatory to enhance pay during maternity leave, but to pay only statutory shared parental pay during shared parental leave.
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave.
Whilst many employers do not pay enhanced…
French employment law : Key developments expected for 2019
The French authorities have been very prolific in the area of effecting reforms to employment law, and 2019 will not be an exception to this general rule (although perhaps less so than was the case in 2017 and 2018).
First, in 2019, a certain number of reforms promulgated in 2017 and 2018 will either come…
Religious discrimination claim – whose religion?
The Employment Appeal Tribunal (EAT) has held that where an employer (or individuals on behalf of the employer) acts because of their own religion or belief, this may not lead to an employee bringing a successful claim for direct discrimination on grounds of religion or belief. The EAT upheld the employer’s appeal, overturning the Employment…
Claim by track cyclist Jess Varnish to be heard in the employment tribunal next week
Track cyclist Jess Varnish brought a claim of sex discrimination against British Cycling and UK Sport last year, following her removal from the Great Britain Olympic team just months before the 2016 Rio Games.
In the UK, protection from discrimination in the workplace is governed by the Equality Act 2010 (the Act). However, in order…
“High heels and workplace dress codes” – the UK Government Equalities Office publishes guidance
In December 2015, an agency worker arrived to work as a receptionist and was sent home without pay for failure to wear high heels in accordance with the agency’s dress code. The story attracted widespread media attention, and led to an enquiry by a House of Commons Committee whose report was published in January 2017.…
EAT holds that paying enhanced maternity pay, but only statutory shared parental pay, is capable of amounting to indirect sex discrimination
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave.
Whilst many employers do not pay enhanced…