One of the top employer priorities this year is expanding behavioral healthcare for employees. As the country recovers from the COVID-19 pandemic, mental-health-friendly workplaces are more important than ever. Studies show that about 1 in 5 working-age Americans has a mental health issue and less than half of adults sought treatment in 2020.

Employers can provide benefits such as Employee Assistance programs, offering on-line resources, training managers on recognizing behavioral health issues and reducing stress in the workplace. Since mental health conditions are covered under the American Disabilities Act, employers may need to make  reasonable accommodations.

The Department of Labor just launched an educational campaign, “Mental Health at Work: What Can I Do?,” that promotes healthy workplaces.  To get more information, go to:

Fostering a Mentally Healthy Workplace (dol.gov)
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…and how does it affect employers? The Lilly Ledbetter Act increased employee protections against pay discrimination and defines unlawful practices when;

• A discriminatory compensation decision or other practice is adopted
• An individual becomes subject to the decision or practice
• An individual is affected by application of the decision or practice, including each time there is a payment of compensation

A key feature of the Act is that with the issuing of each new paycheck or post-retirement check, the filing deadline of pay discrimination charges is extended for an employee to file an unlawful employment charge. Consequently, each check potentially serves as an unlawful employment practice, even if the alleged pay discrimination occurred years before.

Because of this moving target, employers should review their employment record retention policies, as well as conduct periodic audits of pay decisions. With that in mind, it is important for employers to review record retention policies and pay practices.

​More information can be found at: 
Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009 | U.S. Equal Employment Opportunity Commission (eeoc.gov)

If recruiting in states other than Texas, employers need to be aware of the increasing number of states requiring inclusion of pay ranges in their job postings or at a certain point in the interview process. Currently, Colorado has a requirement, followed by New York on November 1st. Other states are considering pay range disclosure laws, so it is best to check when posting positions.