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First introduced in Congress in 1997, and several times since, the Paycheck Fairness Act is again under consideration by Congress (S. 270/H.R. 7). If enacted, the bill would attempt to close the gender pay gap by: Implementing a wage history ban With limited exceptions, employers would be prohibited from requesting or relying on the wage history of a prospective employee. Limiting employers’ defenses against a claim of unequal pay To defend a claim, an employer…
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 presently based on sex.” This holding departed from the decisions of other federal courts of appeals and prompted a request for en banc review by…
The Sixth Circuit recently held, in Doe v. Baum, that a public university violated the Due Process Clause and Title IX when it did not allow a student accused of sexual misconduct to conduct a cross-examination of the claimant during university-run proceedings. The Court ruled that since the public university had to “choose between competing narratives to resolve the case,” the accused was entitled to conduct a cross examination. The case began after Jane Roe…
Illinois is not yet on the salary history ban wagon. For the second time since 2017, Illinois Governor Bruce Rauner vetoed a law that would prohibit employers from seeking salary history information from prospective employees, among other fair pay provisions. House Bill 4163 closely resembles the bill the Governor vetoed in 2017, House Bill 2462. The bill would amend Illinois’ Equal Pay Act to: Prohibit discrimination in wages among employees performing substantially similar work…
When we think about the “pay gap,” often only the disparity between genders comes to mind – the disparity in pay between all males and all females. It is not the only gap employers should be mindful of. For example, Black Women’s Equal Pay Day, which this year fell on August 7, shines a spotlight on wage inequities based on race and gender.  Black Women’s Equal Pay Day marks how long a black woman has…
Like New Jersey’s Diane B. Allen Equal Pay Act, the Massachusetts Equal Pay Act (MEPA) amendments went into effect on July 1, 2018. Regarded as one of the first comprehensive fair pay laws to be passed at the state level, MEPA has served as not only as a catalyst, but a model, for the patchwork of fair pay laws being enacted across the nation. Outlined below are some of the law’s main components and…
Under the theory of “disparate impact,” even facially neutral policies can result in claims of discrimination when a “protected group” suffers a statistical disadvantage vis a vis another group (i.e., the rule of thumb is a twenty-percent disadvantage).  For example, in Andreana v. Virginia Beach City of Public Schools, the United States District Court of the Eastern District of Virginia denied a motion to dismiss and ruled that Plaintiff could proceed with a claim of…
The fight for equal pay transcends country borders. International consensus on closing the pay gap took a significant step when, in late-2017, during a United Nations General Assembly meeting, the International Labor Organization (ILO), United Nations Women, and the Organization of Economic Cooperation and Development (OECD) launched a global partnership focused solely on pay equity – the Equal Pay International Coalition (EPIC). Charged with closing the gender pay gap by 2030, EPIC presents a new…
Picture this scenario: Employee A brings a sexual harassment claim against Company. Employee B, who is friendly with Employee A believes the Company has taken adverse actions against her because of her friendship with Employee A, such as transferring her to a different location where she was denied her own office for six months and was directed to perform tasks she was not required to do.  For these and other reasons, Employee B asserts that…
Just when it appeared settled that EEO-1 Pay Data reporting was no longer on the table, advocacy groups have filed a lawsuit to reinstate the rule.  In November, the National Women’s Law Center (NWLC) and the Labor Council for Latin American Advancement filed suit against the Office of Management and Budget (OMB), the Equal Employment Opportunity Commission, and other government entities to reestablish the requirement that certain employers submit aggregate pay data and hours worked…