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Appeals Gender-Based Pay Discrimination

Dechert LLP

Key Developments for Employers in the UK - Issue 06

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Government scales back the proposed revocation of EU law bill and announces changes to the Working Time Regulations, TUPE and non-compete clauses - In previous editions of the Edit we reported on the proposals in The...more

BCLP

UK HR Two Minute Monthly - March 2022

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Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Says Selective Retention Raises May Discriminate Against Female Employees

Employers concerned about losing valuable employees may take the initiative to provide salary increases intended to deter them from seeking alternative employment. A new decision from the Ninth Circuit Court of Appeals...more

Bowditch & Dewey

Permission to Retire: Can Active Litigation Prevent Admission to Life 2.0?

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Back in 2019, we told you about Jennifer Freyd, a professor at the University of Oregon who had sued the school and two University officials for gender discrimination, claiming that although her own department chair...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

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

DirectEmployers Association

Prior Pay History? Still a “Jump Ball”: Law Continues to Vary by Location and Protected Status

On Thursday, the Supreme Court of the United States (SCOTUS) ducked. The Court refused to hear the case of Yovino v. Rizo (Docket # 19-1176). This case raised the question of whether the Equal Pay Act (EPA) made it unlawful...more

Hinshaw & Culbertson - Employment Law...

Ninth Circuit Rules That Gender-Based Pay Disparity Cannot Be Justified With the Use of Past Earnings

Nearly 60 years after the passage of the Equal Pay Act of 1963, we find that the gender pay gap is not only alive and well, but also remains a subject of controversy. This was apparent in the Ninth Circuit's ruling in Aileen...more

Payne & Fears

Key California Employment Law Cases: February 2020

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Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...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

Hogan Lovells

Equal Pay: In Ninth Circuit, Prior Salary Is No Defense

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The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more

Payne & Fears

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

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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

Stinson - Government Contracting Matters

End to EEO-1 Component 2 Pay Data Reporting for Now…

On February 10, 2020, in National Women’s Law Center v. Office of Management and Budget, the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission’s (EEOC’s) collection of gender...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

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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

Faegre Drinker Biddle & Reath LLP

Third Circuit Upholds Philadelphia Ban on Salary History Inquiries

In early February 2020, the Third Circuit Court of Appeals decided that a Philadelphia ordinance passed years ago could go into effect and that Philadelphia employers will no longer be able to ask job applicants about their...more

Seyfarth Shaw LLP

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

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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

Littler

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

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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

Troutman Pepper

Third Circuit Upholds Philadelphia's Salary History Ban

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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

Foley & Lardner LLP

Lower Pay for Equal Work is Not Sole Path for Pay Discrimination Claim

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Consider this hypothetical: An employer operates a national business, and has two vice president of sales (VP) positions. The VPs have essentially the same tenure with the company and the same duties, except one oversees the...more

ArentFox Schiff

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

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The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Parker Poe Adams & Bernstein LLP

Second Circuit Allows Title VII Pay Discrimination Claim Without Evidence of Higher Paid Comparator

The Equal Pay Act allows employees to bring claims of pay discrimination based on gender by alleging that they were paid less than employees of a different gender who perform the same or similar work. This comparator...more

Fisher Phillips

Federal Appeals Court Lowers Bar To Advance Pay Equity Claims

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A federal appeals court just ruled that workers don’t need to clear a heightened legal standard in order to pursue pay equity claims, setting the stage for a possible increase in the number of lawsuits seeking recovery for...more

Miles & Stockbridge P.C.

Lessons Learned about Equal Pay in Higher Education

The #MeToo movement has brought public awareness to claims concerning pay disparity based on gender. As more and more women bring equal pay claims and enter into hefty settlements, the general public begins to internalize the...more

Perkins Coie

EEOC Posts Resources for Submission of EEO-1 Pay Data, Despite DOJ Appeal

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As discussed in our earlier update, the EEO-1 pay data reporting requirements that were previously stayed by the Trump administration have been revived, and the EEOC has advised employers that the deadline for filing will be...more

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