News & Analysis as of

Equal Pay Act Employer Liability Issues Sex Discrimination

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

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The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Woods Rogers

Pay Equity Audits: It’s Time to Put Your Money Where Your Mouth Is

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Despite a growing patchwork of pay transparency laws, the gender pay gap in the United States remains mostly stagnant. The Equal Pay Act of 1963 (EPA), enacted as an amendment to the Fair Labor Standards Act, prohibits...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

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

Husch Blackwell LLP

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...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

Frantz Ward LLP

EEOC Revises Mandatory Workplace Poster

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On October 21, 2022, the Equal Employment Opportunity Commission (“EEOC”) published an updated version of its “EEO is the Law” workplace poster with a new poster entitled “Know Your Rights:  Workplace Discrimination is...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

TNG Consulting

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

TNG Consulting on

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

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Littler

California Federal Court Grants USSF’s Summary Judgment Motion in Women’s Soccer Equal Pay Act Case

Littler on

Earlier this month, the U.S. District Court for the Central District of California granted the defendant U.S. Soccer Federation’s motion for summary judgment with respect to the plaintiffs’ Equal Pay Act (EPA) claims....more

Hogan Lovells

Equal Pay: In Ninth Circuit, Prior Salary Is No Defense

Hogan Lovells on

The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more

Jackson Lewis P.C.

Prior Pay No Defense To Pay Difference Under Equal Pay Act, Ninth Circuit Reaffirms

Jackson Lewis P.C. on

Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

ArentFox Schiff

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

ArentFox Schiff on

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Orrick - Equal Pay Pulse

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

Orrick - Equal Pay Pulse on

The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

Parker Poe Adams & Bernstein LLP

Second Circuit Allows Title VII Pay Discrimination Claim Without Evidence of Higher Paid Comparator

The Equal Pay Act allows employees to bring claims of pay discrimination based on gender by alleging that they were paid less than employees of a different gender who perform the same or similar work. This comparator...more

Lewitt Hackman

Employers, In Case You Were Wondering: Sexual Harassment and Discrimination Do Not Pay Off

Lewitt Hackman on

Just ask Riot Games, which recently agreed to pay $10,000,000 to settle a class action lawsuit for alleged violations of the California Equal Pay Act, and gender discrimination, retaliation, and harassment. The settlement...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Kansas City Nursing Home for Paying a Female Nurse Less than Male Nurses

Edgewood Manor in Raytown Violated Equal Pay Act, Federal Agency Charges - LOUIS - By paying a female nurse less than two male nurses performing the same job, Edgewood Manor Center for Rehab and Healthcare, in Raytown,...more

Jackson Walker

Equal Pay and the Wage Gap: Where Are We Now?

Jackson Walker on

The Equal Pay Act of 1963 (EPA) has recently been in the press due to a lawsuit filed by 28 players from the U.S. National Women’s Soccer Team against the U.S. Soccer Federation. According to the lawsuit, filed on March 8,...more

Fisher Phillips

Alabama’s New Equal Pay Act Set To Soon Take Effect

Fisher Phillips on

The State of Alabama passed an Equal Pay Act in the 2019 legislative session that is set to take effect on September 1, 2019. Employers must begin their preparations to comply with the law now because there are new...more

Carlton Fields

Equal Pay and Class Action Implications

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After winning the World Cup on Sunday with a thrilling 2-0 victory over the Netherlands, the U.S. women’s national soccer team laid claim to being the best women’s soccer team in history. They celebrated their victory at the...more

FordHarrison

U.S. Women’s Soccer Team’s Equal Pay Fight Continues As They Defend Their Title As World Champions

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On March 8, 2019, all 28 players on the women’s national team, initiated a proposed class and collective action in the United States District Court for the Central District of California against the United States Soccer...more

Burr & Forman

Burr Alert: Alabama Equal Pay Act

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On June 11, 2019 Governor Kay Ivey signed the Clarke-Figures Equal Pay Act into law. The new law makes Alabama the 49th state to enact a state law against wage inequality. HB225 was sponsored by Representative Adline Clarke...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Davis & Davis Enterprise / All Secure Security for Pay Discrimination

Baltimore Security Company Paid Female Employees Less Than Male Coworkers, Federal Agency Charged - BALTIMORE - Davis & Davis Enterprise, Inc., also known as All Secure Security Company, a Baltimore-based security guard...more

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