Has your employer told you not to discuss or compare your salary with co-workers? Your employer is wrong. You may freely discuss your salary and benefits in Washington, D.C., Maryland and Virginia. Your employer cannot lawfully stop you. State and federal law protect an employee’s ability to discuss their pay freely and openly without fear of retaliation or termination. Washington, D.C. Employees In the District of Columbia, the D.C. Wage Transparency Act restricts employers from
Read More... →
The District of Columbia recently updated it human rights laws to include a revised definition of sex discrimination in employment. The updated law defines sex as “the state of being biologically male, female, or intersex, including associated medical conditions and reproductive health decisions.” The revision expands the prohibition on sex-based discrimination to include adverse actions based on reproductive health decisions. The revised law prohibits employers from engaging in retaliatory, coercive, or interfering behavior due to
Read More... →
The National Labor Relations Board has ruled that severance agreements cannot prevent terminated employees from making disparaging statements about their former employer or disclosing the agreement’s terms. In its ruling, the board overturned two decisions made during the Trump administration. The NLRB found that the previous decisions had departed from precedent and violated workers’ rights of the National Labor Relations Act’s Section 7, which allows workers to communicate when self-organizing. The board stated that offering
Read More... →
A new bill introduced in the U.S. Senate aims to prohibit enforcement of most noncompete agreements in employment. In February, Senators Chris Murphy and Todd Young introduced the Workforce Mobility Act of 2023. The bill is similar to previous versions introduced in 2019 and 2021 and has also been sponsored by Representatives Scott Peters, Mike Gallagher, and Anna G. Eshoo, as well as Senators Tim Kaine and Kevin Cramer. If passed, the bill would generally ban
Read More... →
The District of Columbia has reintroduced legislation to prevent discrimination by algorithms in employment decisions. The Stop Discrimination by Algorithms Act of 2023 would prohibit algorithmic discrimination by employers and require service providers to ensure that their AI tools are compliant with the law. The bill includes regulations for employers and prohibits algorithmic discrimination in other areas, such as consumer credit decisions, education and housing. The new bill would force employers to contractually require that their AI
Read More... →
At a recent hearing, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of artificial intelligence (AI) and automated systems on employment decisions. The goal of the hearing was to identify potential concerns of employer use of artificial intelligence in all areas of employment decision making. The EEOC is concerned about the use of AI in employment decisions, as many companies use AI technologies for hiring, promotion, and other similar processes. Such tools include
Read More... →If you are an employee with a hearing condition covered under the ADA, such as deafness or difficulty of hearing, your employer or potential employer may have specific obligations to you. These protections have changed and expanded over time, and they may affect your rights both in your current workplace and during your next job interview. New EEOC Guidance Recently, the U.S. Equal Employment Opportunity Commission (EEOC), the agency tasked with enforcing the Americans with
Read More... →
A new federal law expands the rights of pregnant employees in obtaining accommodations. Under the new law, employers must grant reasonable accommodations to pregnant employees, even if the employee is not disabled as defined by the Americans with Disabilities Act. Employers will be required to provide reasonable accommodations to pregnant employees and applicants with temporary physical or mental limitations due to pregnancy, childbirth or related concerns, according to the Pregnant Worker Fairness Act that goes
Read More... →
Victims of workplace sexual harassment and assault may no longer be bound by non-disclosure and non-disparagement agreements, which are referred to as NDAs. Employees who have signed NDAs as a general condition of employment may no longer be silenced by their agreements, according to the “Speak Out Act,” recently signed into law. You must still be careful and understand how the law applies before speaking out. The law prohibits enforcement of NDAs if the agreement
Read More... →
The first thing a tech worker should do when you receive a severance agreement is to call an employment lawyer. Every employee has the right to speak with an attorney who specializes in severance agreement reviews, negotiations and enforcing employee rights. You might have claims that are worth more than the employer is offering you for giving up your rights. Only an experienced lawyer can fully assess your situation. Remember, there is no “standard” agreement that you
Read More... →