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That gave rise to a significant uptick in anti-DEI lawsuits brought by activist organizations and other discrimination plaintiffs challenging the legality of workplace DEI programs and trying to leverage the reasoning from the Supreme Court decision.The election of President Trump poured fuel on the fire because of all the executive orders, agency appointments and other activities occurring so far.

NLRB’s Acting General Counsel Issues Memo on ‘Salting’ Cases In a July 24 memo, William Cowen, acting general counsel of the National Labor Relations Board (NLRB), ordered prosecutors to pursue investigations into the employment intentions of “union salts.”

In April 2021, the networking and professional development platform gave its employees a paid week off in order for them to unplug and recharge.

“If you are a manufacturer and you only collect data on hourly production jobs just from other manufacturers in order to define your labor market,” she said, “then you are missing a lot, because workers can now take their pick from a million different hourly jobs.”

“In order to best effectuate the statute’s intended purpose of eradicating pay-based discrimination, it follows that the term ‘job applicant’ should be more broadly defined,” wrote Justice Barbara Madsen in the 39-page opinion document .

Analysis to Address the Gap Due to Grade or Band Differences Where the pay gap is driven by grade or band differences, an assessment of diversity across levels of the hierarchy and how that diversity is evolving over time is in order (see Figure 4).

Additionally, since Jan. 11, 2016, Executive Order 11246 has prohibited federal contractors and subcontractors from retaliating or discriminating against employees and applicants for inquiring about, discussing or disclosing their own compensation, or the compensation of any other employee or applicant. 

Except as provided in Section 5.3, termination of any such action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendre or its equivalent, shall not of itself create either a presumption that such person did not act in good faith and in a manner that such person reasonably believed to be in the best interests of the Corporation or, with respect to any criminal action or proceeding, a presumption that such person had reasonable cause to believe that such person's conduct was unlawful.

RUDOLPH: When managing through a highly volatile and unpredictable macroeconomic environment, such as what we experienced during the pandemic, it became evident that a lot of companies could not reliably see a year into the future in order to set effective incentive goals.

“People are much more multifaceted, he said, “and it’s more of a statistics probability problem than ‘I’m ordering 20,000 pens at 10 cents each.’ ” TR leaders also have seen the field attract experienced finance and accounting professionals who want a sense of purpose in their work or want to address a social cause.