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Gender-Based Pay Discrimination Employment Litigation Pay Equity Laws

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

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

Fisher Phillips on

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 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

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

Seward & Kissel LLP

Employment Litigation Roundup: February 2024

Seward & Kissel LLP on

Former HR Executive Sues Financial Services Company for Equal Pay Violations in New Jersey Federal Court - A former head of human resources sued a financial services company for allegedly underpaying her relative to her...more

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

First Circuit Says Maine Equal Pay Law Does Not Require Discriminatory Intent

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Comparator Evidence in Equal Pay Claim

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

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

A&O Shearman

Time to go back in the box, Barbie

A&O Shearman on

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

Fisher Phillips

U.S. Women’s Soccer Gets Court Approval on Historic Equal Pay Settlement: 3 Steps for Employers to Strengthen Their Pay Policies

Fisher Phillips on

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 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

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

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

Parker Poe Adams & Bernstein LLP

Old Comment on Need for Higher Starting Salary Revives Pay Discrimination Lawsuit

The Lilly Ledbetter Fair Pay Act allows plaintiffs to pursue equal pay claims based on prior actions that continue to have a negative effect on their salaries. Last month, the Seventh Circuit Court of Appeals reversed a grant...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

Fisher Phillips

JPMorgan Settles Gender Pay Bias Suit For $9.8 Million

Fisher Phillips on

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

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on California

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

Parker Poe Adams & Bernstein LLP

Salaries Set Based on Past Pay History Can Violate Equal Pay Laws

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

Littler

Annual Report on EEOC Developments – Fiscal Year 2019

Littler on

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

Payne & Fears

Ninth Circuit Confirms (Again): Employers Cannot Rely on Prior Pay to Justify Gender Pay Disparities

Payne & Fears on

In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018)...more

Proskauer - California Employment Law

9th Circuit Holds that Prior Salary is Not a Defense to An Equal Pay Act Claim

Yesterday, the full Ninth Circuit held that an employer cannot rely on an individual’s prior salary to justify a wage disparity between a male and female employee. In Rizo v. Yovino, a female math teacher brought a claim...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2020: Pay Equity

Corporate Pay Equity - When competing for top talent, equal pay matters. Boards of directors are increasingly demanding proactive measures to ensure equal pay, and many Fortune 500 companies are publishing the results of...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

Cozen O'Connor on

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

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