Opus Group LLC

On January 30, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (“Ledbetter Act”). The new law amends the following statutes already on the books: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (“ADEA”) the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973. It is an unusual piece of legislation because the Ledbetter Act applies retroactively to claims pending on or after May 28, 2007 and it also overturns the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., in which the justices held that an unlawful employment act occurs only when the discriminatory compensation decision is made and not each time (more…)

Reduced Risk for Employers when Employee Fails to Follow Complaint Procedure

Under certain circumstances employers can avoid vicarious liability or even certain damages for a supervisor’s sexual harassment of a subordinate worker. This happens when (1) the employer had a meaningful anti-harassment policy, (2) it exercised reasonable care to prevent and promptly correct any sexually harassing behavior, and (3) the victim unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer or avoid harm.

When an employer adopts an anti-harassment policy with complaint procedures and disseminates it to employees, the workers are on notice that the company will respond by conducting a prompt, thorough and unbiased investigation of the complaint, impose appropriate discipline if a violation is found, and provide a meaningful remedy for the victim.

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Human Resource Laws and brief summary of policy (listed in chronological order)

1935 Social Security Act: Payroll taxes withheld from workers’ paychecks to fund retirement benefits, disability and unemployment insurance.

1935 Wagner Act: Legalized labor unions and established the National Labor Relations Board

1938 Fair Labor Standards Act: Established minimum wage and overtime pay and child labor rules

1947 Taft-Hartley Act: Provided some protections fro employers and limited union power; permitted states to enact right-to-work laws (more…)