Monday morning musings for workplace watchers.
EEOC Ramping Up|'Power to Pump’
Riddhi Setty: Equal pay, harassment guidance, artificial intelligence bias, and protections for pregnant workers are among EEOC Chair Charlotte Burrows’ top issues to tackle as the commission kicks into gear with a long-awaited Democratic majority following the confirmation of Kalpana Kotagal.
The Equal Employment Opportunity Commission chair has made few public appearances in the weeks since Kotagal was confirmed by the Senate July 13, breaking a persistent partisan deadlock on the panel that had limited its ability to issue regulations and finalize its strategic plans.
But at the National Industry Liaison Group Conference in Phoenix last week, Burrows spoke at length about the new to-do list for the commission, including strategies to continue its efforts to collect and analyze pay data.
Burrows said she’s cognizant of some states’ efforts—such as California and Illinois—on pay data collection and believes that this “patchwork approach” isn’t the easiest way to go and may lead to inconsistency.
She also pointed to a rise in charges filed at the EEOC in the last year over pay gaps, saying the agency is taking this increase seriously, particularly considering that the number of people who report a disparity in pay is generally low due to lack of salary transparency.
Burrows also said the agency expects to release draft regulations on the Pregnant Workers Fairness Act very soon. The White House’s Office of Management and Budget recently cleared the EEOC’s proposed rule and it’s expected to appear in the Federal Register shortly.
“It’s exciting, but a little bit confusing to have a new civil rights law on the books coming forward,” Burrows said.
The EEOC started accepting complaints based on the PWFA when the law went into effect June 27, six months after it was signed into law by President
Burrows also reinforced the EEOC’s recent focus on AI as a “new civil rights frontier” that could lead to unintentional hiring discrimination.
Though Burrows said she’s “very much a futurist” when it comes to AI, she emphasized the need to avoid letting new tools “erode basic values and principles.”
Read More:
EEOC Clarifies AI Role in Hiring Bias Against Visually Impaired
Democrats’ New EEOC Majority Will Spur Action on Priorities
Pregnancy Bias Law Now Enforceable Despite Lack of EEOC Guidance
EEOC Releases New Guidance on Artificial Intelligence and Hiring
EEOC to Train Staff on AI-Based Bias as Enforcement Efforts Grow
Diego Areas Munhoz: August is National Breastfeeding Month, and the Department of Labor is reminding moms they have new rights in the workplace.
Last week the DOL launched its “Power to Pump” campaign to raise awareness about the new protections Congress passed late last year for workers who need to express breast milk at work.
The PUMP Act amended the Fair Labor Standards Act to expand requirements for break times and private lactation spaces to workers who weren’t previously guaranteed those protections, such as teachers and registered nurses.
The DOL’s Wage and Hour Division—which enforces the new law—held events Aug. 1 at all of its 54 district offices across the country. The agency handed out “do not disturb” door signs and “know your rights” materials in both English and Spanish to workers and employers to educate them about the changes. They also engaged in a series of activities in partnership with local community-based organizations.
The campaign will go beyond the month of August. Webinars are scheduled for agricultural workers in September, retail and restaurant workers in October, care workers in November, teachers in December, and for transportation workers in January.
“The more we talk about it, the less stigma there is around this idea that women need to pump breast milk at work,” WHD Principal Deputy Administrator Jessica Looman said during a press call. Looman said she expects the campaign to reach “several hundred” employers.
Unlike the Pregnant Workers Fairness Act, which also cleared Congress in December, the PUMP Act was effective immediately after enactment.
“One of the things that we’re very proud of is that we’ve been making sure that nursing employees have access to pump right away,” Looman said. “If you call our office and your employer is not providing you that protection, and you give us your permission, we will call your employer right away and explain to your employer that they have this obligation and responsibility to provide you time and space to pump.”
But the PUMP Act doesn’t apply to everyone: air crew members of commercial airlines were completely left out.
Lawmakers are attempting to remedy that omission in the Federal Aviation Administration reauthorization bill currently making its way through Congress. The measure includes a provision requiring the FAA Administrator to issue guidance for those workers who need to express breast milk during non-critical phases of flight, consistent with their duties on the aircraft.
The language falls short of imposing a mandate on airlines, but both lawmakers and the flight attendants’ union, the Association of Flight Attendants-Communications Workers of America, are praising it as a victory.
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