Page 135 - An Indispensible Resource for Being a Credible Activist

an “unlawful employment practice.” According to the legislation, unlawful conduct
occurs when: “(1) a discriminatory compensation decision or other practice is adopted;
(2) an individual becomes subject to the decision or practice; or (3) an individual is
affected by application of the decision or practice, including each time compensation is
paid.” The law further states that individuals may receive back pay as compensation for
discrimination that occurred up to two years preceding the filing of a charge. The Fair
Pay Act also allows an employee to recover back pay for up to two years preceding the
filing of a discrimination claim. The Fair Pay Act significantly extends the window of
time during which an employee may file a wage discrimination claim. The changes of
the Fair Pay Act also apply to claims filed under the Americans with Disabilities Act
of 1990 (ADA) and the Rehabilitation Act of 1973. 1

Being a member of SHRM will keep you updated on similar employment law changes
via e-mail. (HR professionals will want to ask their leadership and legal colleagues if they
would like them to forward these so all executives with legal and ethical compliance respon-
sibilities remain sufficiently educated and informed.) The Obama administration and the
current congress are expected to push through many new pieces of labor legislation, and in
order to stay current on what might happen, SHRM is among the best resources to join.

HIRING VETERANS

Hiring veterans requires of an HR professional a greater vigilance of FMLA, disability, and
EEO laws. There has been a large influx of disabled veterans into the workforce since the early
1990s, and this is expected to continue for several years. Adherence to FMLA laws is also
required for any employee who is a caregiver for a veteran or disabled veteran. There are often
recruitment efforts that focus primarily on assisting veterans in finding employment, and
many corporations find this to be a meaningful and excellent source of good talent.
The unemployment rate for all veterans of the U.S. Armed Forces was 4.6 percent in
2008, according to the Bureau of Labor Statistics (BLS). The jobless rate for those who have
served in the U.S. Armed Forces since September 2001 was 7.3 percent. In 2008, 22.4 million
men and women in the civilian noninstitutional population, ages 18 and over, were veterans.
Approximately 30 percent of employed male veterans of Gulf War era II (defined by the
BLS as September 2001 to the present) worked in management, professional, and related
occupations, compared with approximately 34 percent of male nonveterans. Sales and office
occupations; natural resources, construction, and maintenance occupations; and produc-
tion, transportation, and material moving occupations each accounted for approximately
18 percent of employed male veterans and nonveterans. Among female veterans of Gulf War
era II, 43 percent were employed in management, professional, and related occupations, and
32 percent held sales and office jobs.
Approximately 88 percent of Gulf War era I (defined as 1990 to August 2001) veterans
were in the labor force in 2008, about the same as the rate for Gulf War era II veterans. The
unemployment rate for Gulf War era I veterans (4 percent) was lower than the rate for Gulf

118 The H R Toolkit