News & Analysis as of

Employer Liability Issues Gender-Based Pay Discrimination Equal Pay Act

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Perkins Coie

Washington Expands Equal Pay Law To Cover All Protected Classes

Perkins Coie on

Washington Governor Jay Inslee signed into law Substitute House Bill 1905 on March 28, 2024, broadening the scope of Washington’s Equal Pay and Opportunities Act (EPOA)....more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Poyner Spruill LLP on

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

Trusaic

Opportunity Equity: The New Organizational Imperative

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Striving for pay equity is a modern-day imperative for organizations. However, leading employers are looking more broadly at workplace equity. Building an equitable workplace involves a holistic approach to providing equal...more

Poyner Spruill LLP

Fourth Circuit Rejects Plaintiff’s “Market Rate” Theory in Pay Discrimination Case

Poyner Spruill LLP on

The Equal Pay Act (EPA) and Title VII of the Civil Rights Act generally prohibit covered employers from discriminating against employees on the basis of sex with regard to compensation.  The EPA requires men and women to...more

Littler

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

Littler on

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

Seyfarth Shaw LLP on

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

Trusaic

Korty v Indiana: The Impact on Pay Equity & Reverse Discrimination

Trusaic on

The recent pay discrimination case of Korty v Indiana University Health offers an alternative perspective on pay equity and highlights why employers must ensure salary ranges are set without regard to sex or gender. In...more

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

Manatt, Phelps & Phillips, LLP

California Court Reverses Dismissal of EPA Claim

A California appellate panel reversed dismissal of a female employee’s Equal Pay Act (EPA) claim, finding her evidence that a single male comparator was paid more than she was to be sufficient to survive summary judgment....more

Fisher Phillips

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

Fisher Phillips on

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

Littler

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen (UPDATED)

Littler on

I. Introduction - The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Bradley Arant Boult Cummings LLP

All on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on Gender

For the past three years, Mississippi remained the only state in the country that did not have a bill prohibiting pay discrimination based on gender. This all changed on April 20, 2022, when Mississippi Gov. Tate Reeves...more

Robinson+Cole Manufacturing Law Blog

Recognizing the Critical Importance of Pay Equity in Manufacturing

National Equal Pay Day, a presidentially-proclaimed day intended to draw attention to gender-based pay disparities in the United States and beyond, was celebrated across the country on March 15, 2022. In recent years, this...more

Epstein Becker & Green

Illinois Equal Pay Act: New Registration Certificate Requirements

Epstein Becker & Green on

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

Fisher Phillips on

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”

Littler on

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

Littler on

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

Fisher Phillips

A Pay Audit is the Perfect Way for Schools to Ring in the New Year

Fisher Phillips on

The end of the year is always a good time to assess what measures you can take to ensure compliance with employment laws and strive for a positive work environment at your school. A pay equity audit is one such measure that...more

Faegre Drinker Biddle & Reath LLP

Equal Pay Compliance Statements – Yet Another Amendment to the Illinois Equal Pay Act

Earlier in the year, we reported here about recent amendments to the Illinois Equal Pay Act (“EPA”) that would require employers with more than 100 employees in the State of Illinois to obtain an equal pay registration...more

Bowditch & Dewey

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

Bowditch & Dewey on

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

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Payment and Prayer

This week, the Ninth Circuit issued two decisions addressing interesting employment-discrimination issues.  In the first, a divided panel held that a university’s policy of raising the salaries of professors who threaten to...more

Perkins Coie

What Employers Don’t Know Can Hurt Them: Assessing EPOA Risk

Perkins Coie on

Since July 2018, Washington businesses have been operating under Washington’s Equal Pay and Opportunities Act (EPOA). The EPOA, which significantly expanded the state’s 1943 Equal Pay Act, is one of the most stringent equal...more

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