News & Analysis as of August 3, 2025

Employment Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Cleveland Employers Must Prepare for City’s New Pay Equity and Transparency Rules: Your Top Questions Answered + 5 Steps to Take...

Fisher Phillips on 5/7/2025

Cleveland employers will soon need to include salary ranges in job postings and refrain from asking job applicants questions related to their salary history, thanks to a new ordinance adopted by the City Council last week....more

Employer FAQs on the New and Expansive Anti-Discrimination Rules in Pennsylvania’s Lehigh County

Fisher Phillips on 7/16/2024

Employers with operations in Lehigh County, Pennsylvania, must comply with a new and expansive anti-discrimination ordinance that took effect June 1. Our FP attorneys developed this series of FAQs to address all employment...more

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 7/15/2024

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

Basing Salary on Prior Pay Risks Discrimination Claim

Parker Poe Adams & Bernstein LLP on 4/5/2024

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

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

Poyner Spruill LLP on 11/1/2023

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

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

Constangy, Brooks, Smith & Prophete, LLP on 9/29/2023

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

Recruiting Under the Equal Pay Act: Top 5 Mistakes Made During the Hiring Process

Nilan Johnson Lewis PA on 9/20/2022

Most recruiters and hiring managers are familiar with the concept of “prohibited questions” during the hiring process—topics the employer should avoid affirmatively raising during the interview to steer clear of potential...more

Asking Employees About Salary Expectations Could Lead to Discrimination Claims

Parker Poe Adams & Bernstein LLP on 6/24/2022

In recent years, a number of states have passed laws prohibiting prospective employers from asking applicants about their salaries in their current jobs or overall salary history. However, these laws may not restrict...more

Hiring? Recent Amendments to Equal Pay for Equal Work Act Impose New Limits on Employers

PilieroMazza PLLC on 12/8/2020

Almost thirty years ago, Maryland’s General Assembly passed the Equal Pay for Equal Work Act (Act), imposing an obligation on Maryland employers to pay employees equal amounts for the same work, regardless of the employee’s...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

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 month...more

Equal Pay Day 2020: Seyfarth’s Release of Equal Pay Resources

Seyfarth Shaw LLP on 3/31/2020

Seyfarth Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report. ...more

Employers Can’t Use Pay History To Escape Equal Pay Claims, Says 9th Circuit

Fisher Phillips on 2/28/2020

Employers are not permitted to justify disparity in pay based on prior pay history, the 9th Circuit Court of Appeals just ruled, eliminating a defense to pay equity claims for businesses across the west coast. Although the...more

Pay Equity Litigation Update: Third Circuit Upholds Philadelphia Ordinance Banning Inquiries Into Job Applicants’ Pay History

Seyfarth Shaw LLP on 2/19/2020

Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

Littler on 2/12/2020

On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Third Circuit Upholds Philadelphia's Salary History Ban

Troutman Pepper Locke on 2/11/2020

The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance

Littler on 2/10/2020

Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices. At the time of enactment, the...more

Mark Your Calendars, New York Employers: A Look at the 2020 Effective Dates for Employment-Related Legislation

Herbert Smith Freehills Kramer on 1/15/2020

2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New...more

Developments in New York State Labor and Employment Law – What You Need to Know in 2020

Harris Beach Murtha PLLC on 1/9/2020

Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more

New Jersey Salary History Ban Goes into Effect on January 1, 2020

Hogan Lovells on 12/5/2019

Employers beware: New Jersey’s salary history ban, signed this past summer, takes effect on January 1, 2020. On that date, New Jersey will join several other states (including New York and California) by prohibiting private...more

New York City Expands Protections Under the New York City Human Rights Law to Independent Contractors and Freelancers

Herbert Smith Freehills Kramer on 11/12/2019

On Sept. 12, 2019, the New York City Council passed a law, Int. 0136-A, that expands the scope of the New York City Human Rights Law (NYCHRL) to provide protections for freelancers and independent contractors....more

Columbia, South Carolina Limits Inquiries About Applicants’ Criminal and Salary Histories

Littler on 10/4/2019

Columbia, South Carolina passed an ordinance effective August 6, 2019, limiting employers’ use of criminal background checks and banning employers from inquiring about salary history on job applications. ...more

State & Local Employment Law Developments: Q3 2019

Faegre Drinker Biddle & Reath LLP on 10/3/2019

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

New York Employers – New Pay Equity Laws and Hair Bias Ban May Require You to Update Your Policies

Saul Ewing LLP on 8/21/2019

The New York State Legislature and Governor Cuomo have been busy in 2019 enacting laws that will have a lasting impact on employers and workers in the Empire State for years to come. Among these are bans on inquiring about...more

New York Enacts Various New Employment Laws

Akin Gump Strauss Hauer & Feld LLP on 8/20/2019

• The New York State Equal Pay Act (EPA) now will apply to all protected categories (including race, national origin, religion, etc.) rather than just gender, dramatically expanding the reach of the statute. • New York...more

Salary History Off-Limits Under New Illinois Equal Pay Law

Sheppard Mullin Richter & Hampton LLP on 8/5/2019

On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history. The law amends the Equal Pay Act of 2003, which made it...more

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