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A cautionary tale for employers. EDITOR’S NOTE: Our Affirmative Action Alert blog has been re-titled EEO Compliance Dispatch. Many companies proactively analyze employee compensation to ensure that any disparities...more
Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more
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
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
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
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
On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more
In order to prevail in an Equal Pay Act claim, the plaintiff must demonstrate that she was paid less than a comparable male employee. When the two employees have distinctly different job duties and responsibilities,...more
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
Wild horses couldn’t have dragged me to see the new Barbie film. But then I saw that a number of commentators from various quarters in the States were criticising the film for being “woke” and “feminist” and even burning...more
Join CDF partners Leigh Ann White and Sander van der Heide for a comprehensive, complimentary webinar on California’s Fair Pay Act and related laws, including planning and conducting a pay equity audit to help protect your...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
Pay equity and transparency have become a focal point for lawmakers, regulators, shareholders, employees, and the public. Employers are increasingly challenged with trying to navigate the growing patchwork of pay equity and...more
Interested in attending the 2022 Annual Workforce Management Briefing? Presenters at this full-day complimentary event include EEOC Commissioner Keith Sonderling, NLRB General Counsel Jennifer Abruzzo, and thought leaders...more
The U.S. women’s national soccer team (USWNT) is close to receiving a $24 million payout now that a federal judge has preliminarily approved the current and former team members’ settlement with the U.S. Soccer Federation...more
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
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
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
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
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
JPMorgan Chase recently signed a conciliation agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) agreeing to settle a long-running pay equity lawsuit alleging that it...more
Equal Pay Act Claims and “A Factor Other Than Sex” – Past Salary Information - The en banc Ninth Circuit Court of Appeals has held that a female employee’s Equal Pay Act claim against her county-employer should be revived....more
As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting...more
This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more