News & Analysis as of

Title VII Pay Gap Gender-Based Pay Discrimination

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
DCI Consulting

Why Total Comp Isn’t Enough: Avoiding Blind Spots in Pay Equity Analyses

DCI Consulting on

BLOG OVERVIEW: Conducting a pay equity analysis on total compensation alone is often legally and practically risky. To avoid blind spots in pay analyses, employers should consider conducting pay equity analyses on each...more

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

Ballard Spahr LLP

Back to Basics: A Primer on EEO-1 Reporting

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October 31, 2023 opens the reporting period for private sector employers and federal contractors who are required to report workplace demographic data on an annual basis to the U.S. Equal Employment Opportunity Commission...more

Polsinelli

2022 EEO-1 Reporting – Hang Tight For Now

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Under Title VII of the Civil Rights Act, private sector employers with 100 or more employees and certain federal contractors with 50 or more employees are required to provide demographic information of their...more

Bowditch & Dewey

Case Closed – University and Professor Reach Settlement After Four Years of Litigation

Bowditch & Dewey on

In what might finally be the last chapter of a University of Oregon professor’s pay equity battle, the University and the now-retired professor, Jennifer Freyd, have settled Freyd’s case, with the University set to make a...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

Orrick - Equal Pay Pulse

EEOC To Analyze EEO-1 Component 2 Pay Data with Independent Assessment

On July 16, the EEOC announced plans to fund an independent study to evaluate pay data submitted by employers for fiscal years 2017 and 2018 through Component 2 of the EEO-1 form, both to inform potential next steps for the...more

Orrick - Equal Pay Pulse

Ninth Circuit Hears Pay Case Challenging University Pay Decisions

On Tuesday, May 12, 2020, the Ninth Circuit heard oral argument in Freyd v. University of Oregon. Jennifer Freyd, a professor of Psychology at the University of Oregon, filed a class action lawsuit in March 2017 alleging...more

Orrick - Equal Pay Pulse

California District Court Kicks Out U.S. Women’s National Team’s Equal Pay Claims

A California district court dealt a blow to the U.S. Women’s National Team’s (WNT) equal pay case on May 1, granting partial summary judgment to the United States Soccer Federation (USSF) in the headline-grabbing case filed...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

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

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

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

Seyfarth Shaw LLP

Pay Equity Litigation Update: The Second Circuit Clarifies A Key Difference Between Title VII And Equal Pay Act Wage...

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Seyfarth Synopsis: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal...more

FordHarrison

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

FordHarrison on

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

Orrick - Equal Pay Pulse

Pick Your Procedure: EEOC Launches Parallel Gender Discrimination Pay Suits Under Different Statutes

The EEOC has been no stranger to headlines in recent months, particularly on the issue of equal pay. As we recently reported, the EEOC’s long-dormant pay data collection rule, revived by the D.C. District Court in March, has...more

Littler

Court Orders EEOC to Collect Compensation Data by September 30, 2019

Littler on

On April 25, 2019, the U.S. District Court for the District of Columbia ordered the U.S. Equal Employment Opportunity Commission (EEOC) to collect detailed data on employee compensation and hours worked from covered employers...more

Polsinelli

EEO-1 Update: Judge Orders Pay Data Component To Be Filed By September 30

Polsinelli on

On April 25, 2019, the U.S. District Court for the District of Columbia gave an oral ruling from the bench reportedly accepting the EEOC’s proposal to make employers submit their 2018 pay data by September 30, 2019....more

FordHarrison

U.S. Women’s Soccer Team Proceeds with Equal Pay Fight

FordHarrison on

On March 8, 2019, all 28 players on the women’s national team initiated a proposed class and collective action in federal court against the U.S. Soccer Federation. Their action alleged discrimination based on sex in violation...more

Polsinelli

EEO-1 Reporting Opening Soon

Polsinelli on

The Equal Employment Opportunity Commission (“EEOC”) recently announced that EEO-1 Reporting will open in early March 2019, and covered employers must submit their EEO-1 reports on or before May 31, 2019. ...more

Ballard Spahr LLP

Employment Discrimination Class Action Filed Against CFPB

Ballard Spahr LLP on

The CFPB and its Acting Director are facing a proposed class action lawsuit alleging discrimination against minority and female workers based on allegations of lesser pay and fewer promotions than their white male...more

Fisher Phillips

Mind The Gap: Pay Equity Issues In Healthcare

Fisher Phillips on

Women deserve the same compensation for doing the same work as men. The concept is simple and fair: equal pay for equal work. It is also the law. Nevertheless, pay disparities persist across industries and geographies,...more

Maynard Nexsen

Pay Bias Litigation Results in Costly Settlement

Maynard Nexsen on

Pay bias litigation made the news recently when a North Carolina federal judge approved a $45 million settlement of class action claims brought by former and current female managers who alleged that Family Dollar paid them...more

Orrick, Herrington & Sutcliffe LLP

California Legislation And Regulation To Watch In 2018

Orrick’s Andrew Livingston recently spoke with Law360 about California legislation and regulation that will be top of mind in 2018. Andrew noted that California’s new salary history rule introduces a host of potential...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

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The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

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