M.O.C.H.A. Society, Inc., v. City of Buffalo, No. 10-cv-2168 (2d Cir. July 30, 2012): The Second Circuit Court of Appeals considered whether an employer can show that examinations having a disparate impact are job related and supported by business necessity when the job analysis did not rely on data specific to the employer. The plaintiffs, Men of Color Helping All, Inc. (M.O.C.H.A.), appealed two judgments dismissing their Title VII allegations that the defendants instituted and used discriminatory examinations resulting in disparate treatment of and a disparate impact on black firefighters. The plaintiffs challenged the testing criterion established by the defendants and questioned whether the examination was job related and supported by business necessity when the statistics, data, and information used to create the test did not come from the defendant or the City of Buffalo itself, and instead was produced from data collected from a statewide job analysis and nationwide fire lieutenant test plans. The Second Circuit rejected the plaintiffs’ arguments and held that the defendant met its burden of showing job-relatedness because the test applied a statewide job analysis and it was reasonable to infer that the same tasks and skills applicable to firefighters across the state were applicable to firefighters within the City of Buffalo. The court explained that the examination was “both content related and representative.” This case suggests that data, statistics, or information that is employer-specific is not necessarily required for an employer to demonstrate job-relatedness and business necessity.
Employers Must Provide Written Notice to New Hires of Terms and Conditions of Employment and Receive Written Employee Acknowledgment
Under New York Labor Law (Section 195), employers are required to advise employees of their rate of pay and regular pay day. This law recently has been amended, effective October 26, 2009, to require written notice be provided to newly hired employees setting forth their rate of pay, their regular pay day, and for employees
The California Division of Occupational Safety and Health (Cal/OSHA) is seeking to expand its workplace violence regulations, which currently regulate healthcare facilities, to a general industry standard, which would affect employers in all industries.
On July 2, 2015, Governor Dannel P. Malloy signed into law Public Act No. 15-196, entitled An Act Concerning Pay Equity and Fairness (the Act). The Act is effective as of July 1, 2015 and limits an employer’s ability to discourage employees from having open discussions about their wages.