Equality Act Implementation Confirmed
The
As expected, the GEO has confirmed that most of the Act will come into force on 1 October 2010. However, there are some significant measures over which the Coalition Government is still deliberating. These include:
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The duty on public authorities to take into account 'socio-economic' inequality when making strategic decisions.
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The 'dual discrimination' provisions, which would introduce a right to bring discrimination claims combining two protected characteristics.
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The requirement for employers with 250 or more employees to publish information on their gender pay gap.
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The provisions allowing employers to take positive action, in recruitment and promotion, in favour of members of an under-represented group.
Recent Developments Regarding Mandatory Retirement Ages in the UK
Removal of Default Retirement Age for Employees
Age discrimination legislation in the UK currently permits employers to retire employees at the age of 65 or older (the default retirement age or "DRA"). The new UK government has announced that it is proposing to phase out the DRA from April 2011, with such retirements ceasing completely on 1 October 2011. After 1 October 2011, employers wanting to retain a retirement age will need to demonstrate that it is "objectively justified" - in other words that it is a proportionate means of achieving a legitimate aim or aims. The proposals are subject to a consultation that will run from 29 July 2010 until 21 October 2010.
Continue Reading...Ontario Court of Appeal Rules that Employees Cannot Sue Employers in Tort for Negligent Infliction of Mental Suffering
In Piresferreira v. Ayotte, the Ontario Court of Appeal held that employees cannot sue their employers for the negligent infliction of mental suffering in tort; rather, aggrieved employees must pursue contractual remedies.
In this case, an employee went off work on stress leave after a series of workplace conflicts that culminated in the employee allegedly being yelled at and pushed by her manager. The employee never returned from stress leave and sued her employer for wrongful dismissal. The employee also sued in tort for negligent infliction of mental suffering. The trial judge awarded the employee more than $
This decision is significant for employers because damages for mental suffering awarded under a contract will generally be smaller than tort awards. In addition, requiring employment relationships to end before a claim can be filed should create certainty in employee relations and reduce workplace conflict.
U.S. Supreme Court Decision Broadens Definition of a Timely Disparate Impact Claim
The U.S. Supreme Court recently held, in Lewis v. City of Chicago (pdf), that a disparate impact employment discrimination charge filed with the Equal Employment Opportunity Commission within 300 days of a discriminatory practice's application - not merely the announcement of its adoption - will be deemed timely. As a result, an employer implementing an employment practice allegedly having a disparate impact on a protected group remains exposed to disparate impact claims whenever it applies that employment practice in each subsequent employment decision, even if those subsequent decisions occur years after the adoption of the contested practice.
Continue Reading...The World Cup's Impact in the Workplace
On June 11, the world's largest sporting event - the World Cup - will begin its month-long series of games in South Africa. This football competition (soccer, to Americans), which takes place every four years, will no doubt dominate the attention and water cooler conversations of sports fans in every workplace. The games are scheduled to be broadcast in the United States between 7:30 a.m. and 5:00 p.m. ET, which is the entire work day for most industries. As a result, U.S. employers will face certain challenges in maintaining productivity, limiting absenteeism, and preserving civility in the workplace.
For example, employers should be prepared for the possibility of more frequent requests for days/time off, as well as unscheduled absences. It would behoove employers to review their absence and vacation/paid leave policies in anticipation of the World Cup, and to determine in advance how strictly these policies will be enforced during the event. Also, employees may spend a great deal of time watching the games via their computers, which not only impacts productivity, but also network bandwidth. Employers that monitor personal Internet use should remind employees of this practice.
Continue Reading...New UK Coalition Government - Prospects for Employment Law
The outcome of the UK's general election on May 6 was a Conservative/Liberal Democrat coalition government headed by the Conservative Party leader David Cameron (prime minister) and Liberal Democrat leader Nick Clegg (deputy prime minister).
Coalitions are unusual in the UK - the last one being during the Second World War - so there is a real sense of the country entering uncharted political waters. It is too soon to be certain what the new administration's priorities will be in terms of potential employment reforms. However, a few clues can be gleaned from the Coalition's programme for government, outlined below.
Continue Reading...Requirement to Have Degree Not Indirect Age Discrimination
The Court of Appeal has ruled, in Homer v Chief Constable of West Yorkshire Police, that an employer did not indirectly discriminate on grounds of age against an employee over 60 by making attainment of a higher pay grade dependent on having a law degree.
West Yorkshire Police introduced a requirement that to be graded at the top grade for legal adviser, and to receive the higher salary linked to that grade, an employee had to have a law degree. The claimant (H), who was 61, successfully argued before an employment tribunal that this amounted to indirect age discrimination because someone in his age group would not be able to finish the course and obtain a degree before reaching the employer's normal retirement age.
Continue Reading...Significant Changes to Victorian Equal Opportunity Act 2010
On 15 April 2010, the Victorian Government passed the Equal Opportunity Act 2010 (Act). The substantive provisions of the Act commence on 1 August 2011. The Act introduces new obligations that will impact employers with Victorian or Australia-wide operations, including a new duty to eliminate discrimination, sexual harassment and victimisation.
It also heralds a new era in complaint handling by the Victorian Equal Opportunity and Human Rights Commission by giving the powers to investigate discrimination, sexual harassment and victimisation even without a complaint and to issue compliance notices to employers.
These changes may foreshadow the future trend of legislative changes in other states and territories across Australia.
Read the full post here.
This entry was written by Kate Jenkins and Lisa Croxford.
Major Equal Pay Victory by Council Workers
An Employment Tribunal has upheld equal pay claims brought by more than 4,000 women against Birmingham City Council, the UK's largest local authority.
The claimants were employed in a variety of traditionally female-dominated jobs, including catering, cleaning, care and administrative work. They claimed they had been excluded from bonuses paid to male colleagues that were worth up to 160% of basic pay. The male comparator groups included refuse workers, gravediggers, road workers and gardeners.
Continue Reading...New Equality Act Becomes Law
The Equality Act 2010 successfully has completed its passage through Parliament and received Royal Assent. Most of its provisions are currently scheduled to come into force in October 2010.
The Act, which comprises 218 sections and 28 schedules, totally overhauls the architecture of UK anti-discrimination law. It will replace at least nine major pieces of legislation - including the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976 and the Age, Sexual Orientation and Religion or Belief Regulations.
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