News & Analysis as of

Equal Pay Act Employment Litigation

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

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Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Seyfarth Shaw LLP

Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

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Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Seyfarth Shaw LLP

Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay...

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It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those...more

Poyner Spruill LLP

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

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The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Parker Poe Adams & Bernstein LLP

Basing Salary on Prior Pay Risks Discrimination Claim

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

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In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

Seyfarth Shaw LLP

Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

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Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a...more

Hinshaw & Culbertson LLP

[Event] 27th Annual Labor & Employment Seminar - October 19th, Hoffman Estates, IL

Hinshaw invites you to the 27th Annual Labor & Employment Seminar, tailored exclusively for attorneys and human resources professionals. Whether you're a legal expert or an HR specialist, this one-day seminar will provide you...more

Conn Kavanaugh

Gazing Into the Employment Law Crystal Ball: Artificial Intelligence, Pay Transparency, and Overtime Rule Changes

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The employment law landscape can shift quickly to keep up with our rapidly evolving world of work.  You can be better prepared by anticipating changes that could impact your business.  Below are three areas in which legal...more

Tucker Arensberg, P.C.

Inconsistent Practice of Salary Schedule Placement for New Employees Can Lead to Equal Pay Claim

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Rebecca Cartee-Haring v. Central Bucks School District, Civil Action No. 20-1995 (E.D. Pa. 8/24/22) (A federal court grants certification of a collective action by female teachers pursuing an Equal Pay Act claim for...more

Fisher Phillips

Court Permits Unequal Pay Collective Action to Proceed: What Schools Can Do to Proactively Avoid Wage Bias Litigation

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A group of female teachers in Pennsylvania were recently given the green light by a federal court judge to proceed with their wage bias lawsuit as a collective action, which should provide schools across the country incentive...more

Bowditch & Dewey

UT Austin Reconsiders Tenure Bid After $3M Pregnancy Discrimination Jury Verdict

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Following a $3,000,000 jury verdict against it earlier this year, The University of Texas at Austin (“UT Austin”), recently reconsidered the tenure bid of Dr. Evdokia Nikolova (“Dr. Nikolova”). In July 2020, Dr. Nikolova...more

Seyfarth Shaw LLP

Equal Pay Litigation Trends Update: One Comparator, Two Comparators, Three Comparators, More? Courts Revisit The One-Comparator...

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Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are...more

Seyfarth Shaw LLP

Equal Pay Litigation Trends Update: Recent Attempts To Clarify Burden-Shifting Framework Applied To Equal Pay Act Litigation

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Seyfarth Synopsis: The recent increase in equal pay lawsuits has meant an increase in legal decisions interpreting the provisions of the federal Equal Pay Act and its state-level analogues. That increased scrutiny has brought...more

Epstein Becker & Green

Illinois Equal Pay Act: New Registration Certificate Requirements

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To comply with the latest iteration of the Illinois Equal Pay Act (IEPA), employers with at least 100 employees in the state of Illinois are required to submit an application to obtain an equal pay registration certificate...more

Fisher Phillips

Leveling the Playing Field: Lessons Employers Can Learn from U.S. Women’s Soccer $24 Million Settlement of Equal Pay Dispute

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In what is being portrayed as a significant victory for women in sports, the United States women’s national soccer team (USWNT) announced a $24 million-dollar settlement of a class action equal pay action against the U.S....more

Littler

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

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A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Littler

Fourth Circuit Requires Parity in Each Component of Compensation, Not Only in Total Compensation, Under Federal Equal Pay Act

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On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit rejected the notion that under the federal Equal Pay Act (EPA), equality should be assessed based on total compensation, holding instead that equality must...more

Bowditch & Dewey

To the Jury? A Professor’s Pay Equity Battle Soldiers On

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In 2019, the United States District Court for the District of Oregon dismissed a lawsuit brought by Jennifer Freyd, professor of psychology at the University of Oregon, against the University and two University officials. In...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data

Agency Secures $439.2 Million in Monetary Benefits for Victims - WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

On January 5, 2021, the U.S. Court of Appeals for the Seventh Circuit issued a decision in Kellogg v. Ball State University that expanded the scope of potential evidence plaintiffs may rely on to support their Equal Pay Act...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

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Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Fisher Phillips

Baltimore Public Library Found Liable In $190K Gender Pay Bias Claim

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A federal court in Maryland recently found that Baltimore City’s Enoch Pratt Free Library, the City’s public library system, violated federal pay equity law and is thus liable for more than $190,000 in backpay and liquidated...more

Fisher Phillips

EEOC Sues Dell for Allegedly Violating Equal Pay Laws

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The EEOC recently sued Dell, Inc. for alleged violations of the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964, both of which prohibit discrimination in compensation on the basis of sex. According to the...more

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