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Sex Discrimination - Equal Pay

Articles Discussing Equal Pay In The Workplace.

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Jury Finds Against Female Physician’s Unequal Pay Claims

Jackson Lewis P.C.·

A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa

Survey Says Employers are ‘Taking Action on Pay Equity Management’

Jackson Lewis P.C.·

A majority of employers (60%) are not only conducting analyses to identify and address pay equity issues, but are conducting analyses with the objective of “resolving the root causes” of identified pay inequities, according to “Pay Equity Practices – Survey of C-Suite and Reward Leaders” from Worlda

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

Jackson Lewis P.C.·

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 phy

The Future of Federal Pay Equity Law, According to Democratic Presidential Candidates

Jackson Lewis P.C.·

State pay equity laws, in large part, has been a response to a perception that the federal government is not acting effectively or quickly enough to address gender and race pay gaps. Not surprisingly, several democratic presidential candidates have staked out platforms on how they will address pay i

Keeping Compliant with Expanding State and Local Equal Pay Laws

Littler·

Since 2016, hundreds of bills and dozens of new laws aimed at closing the pay gap have been introduced and enacted at both the state and local levels. These laws include jurisdiction-specific pay equity laws, salary history inquiry bans, and wage transparency protections. Each of these types of laws

Minding the Pay Gap: What Employers Need to Know as Pay Equity Protections Widen

Littler·

The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has increasingly been in the media spotlight. Politicians have also taken note. While there have been pay discrimination laws on the books at the federal level and in most state

New York Governor Kicks Off U.S. Women’s Soccer Team’s Ticker-Tape Parade with Equal Pay Legislation

Jackson Lewis P.C.·

On the heels of the U.S. Women’s Soccer Team’s World Cup win, Governor Andrew Cuomo on July 10, 2019, signed into law two bills that expand New York’s existing equal pay laws.

Equal Pay Day & The US Pay Equity Landscape

CDF Labor Law LLP·

Equal Pay Day symbolizes how far into the current year women must work, on average, to reach the same level of compensation that male workers earned in the prior year in the United States. Falling on April 2, this year, 17 days earlier than in 2005, Equal Pay Day 2019 shows movement toward pay equit

House of Representatives Passes Paycheck Fairness Act, But its Future is Uncertain

Littler·

On March 27, 2019, the U.S. House of Representatives passed H.R. 7, the Paycheck Fairness Act. The bill would amend the Equal Pay Act of 1963 (EPA) to expand potential damage awards for equal pay claims, limit an employer’s ability to raise the “any factor other than sex” affirmative defense in wage

Rethinking Pay Equity: Being Transparent — Should Employers Publish Information About Pay?

Jackson Lewis P.C.·

This is the final article in our four-part series titled “Rethinking Pay Equity,” designed to provide practical guidance to help employers understand and address the many new rules, regulations, and best practices around pay equity in preparation for Equal Pay Day 2019. This article focuses on the i

Rethinking Pay Equity: Common Explanations for Pay Differences

Jackson Lewis P.C.·

This is the third article in our four-part series titled “Rethinking Pay Equity,” designed to provide practical guidance to help employers understand and address the many new rules, regulations, and best practices around pay equity in preparation for Equal Pay Day 2019.

Rethinking Pay Equity: Who is ‘Comparable’ for Pay Equity Purposes?

Jackson Lewis P.C.·

This is the second article in our four-part series titled “Rethinking Pay Equity,” designed to provide practical guidance to help employers understand and address the many new rules, regulations, and best practices around pay equity in preparation for Equal Pay Day 2019.

Equal Pay Day is April 2, 2019. Are You Ready?

Jackson Lewis P.C.·

The Jackson Lewis Pay Equity Resource Group is pleased to announce a special series to help employers prepare for Equal Pay Day. “Rethinking Pay Equity” will take a look at several of the biggest questions facing employers in the ever-evolving #equalpay landscape, including: How can prior salary inf

Rethinking Pay Equity: Overcoming the Impact of Prior Salary Information

Jackson Lewis P.C.·

This is the first in our four-part series titled “Rethinking Pay Equity,” a special series of legal alerts aimed at providing practical guidance to help employers address the many new rules, regulations, and best practices around equal pay in preparation for Equal Pay Day 2019. The series will culmi

U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case

Littler·

On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino,1 in which it held an employer cannot justify a wage differential between men and women by relying on prior salary. The Supreme Court determined that the Ninth Circuit’s publicat

On Technicality, U.S. Supreme Court Vacates Ninth Circuit Ruling Barring Reliance on Prior Salaries As Defense In Pay Discrimination Dispute

Jackson Lewis P.C.·

Because the judge who authored the ruling died before the decision was issued, the Ninth Circuit erred in counting him as a member of the majority, the U.S. Supreme Court ruled in Yovino v. Rizo, No. 18-272 (Feb. 25, 2019). On this technicality, the Supreme Court vacated the Ninth Circuit ruling tha

US Supreme Court Reverses Controversial Ninth Circuit Equal Pay Act Ruling

CDF Labor Law LLP·

US Supreme Court reverses controversial Ninth Circuit Equal Pay Act ruling.

The Incredible Shrinking Woman’s Earnings: The Gap is Bigger Than We Thought!

Littler·

A newly-released study by the Institute for Women’s Policy Research (IWPR) states that the gender wage gap is more dismal than we thought. For every dollar earned by a man in a 15-year period, the study says, the average woman only makes 49 cents – and not 80 cents.

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler·

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. On November 30, 2018, the U.S. District Court for the Southern District of New York issued an opinion in Kassman v. KPMG LLP decidedly in favor of the employer

Federal Circuit Urged to Reconsider Prima Facie Showing Required for Equal Pay Act Claim

Jackson Lewis P.C.·

As previously reported here, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held in September that Equal Pay Act (EPA) plaintiffs must show not only that they are receiving less pay than similarly situated male colleagues, but that the pay differential is “historically or p