News & Analysis as of

Equal Pay Disparate Impact

Proskauer - Law and the Workplace

DEI in the Spotlight:  Wage and Hour Implications

With the nation’s heightened focus on DEI programs and policies, U.S. employers should carefully evaluate the legal risks associated with their DEI-related wage and hour practices....more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Littler on

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...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

Epstein Becker & Green

U.S. Supreme Court Lets Stand Ninth Circuit Ban on ‘Salary History’ Defense to an Equal Pay Act Claim

Epstein Becker & Green on

In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Littler

Ninth Circuit Reaffirms Only Job-Related Factors Will Excuse Pay Disparity Under Federal EPA, Prior Salary Not Job-Related

Littler on

On February 27, 2020, the Ninth Circuit issued a long-anticipated decision in Rizo v. Yovino. Consistent with the Ninth Circuit’s original opinion issued in 2018, which was vacated on procedural grounds by the United States...more

Proskauer - Law and the Workplace

New York State Poised to Expand Protections Against Discriminatory Pay Practices

Currently, the New York Equal Pay Act provides that no employee shall be paid at a lesser wage rate than an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, effort and...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Orrick - Employment Law and Litigation

Say It Again: No Common Question Binds a Class Subject to Thousands of Individualized Pay Decisions

Echoing an increasingly familiar refrain, another district court has declined to certify a class of women bringing pay equity claims on the basis that they did not present a common question capable of producing a common...more

Shook, Hardy & Bacon L.L.P.

New York Pay Equity Laws

New York State - As part of a broad agenda to protect and advance women’s equality, New York Governor Andrew Cuomo signed the Achieve Pay Equity Law (S.1/A.6075), which expands and changes New York’s equal pay act, N.Y....more

Mintz - Employment, Labor & Benefits...

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

Carlton Fields

New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

Carlton Fields on

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more

Eversheds Sutherland (US) LLP

A Glimpse Into the Future: The EEOC’s New Strategic Enforcement Plan

Stating that now is an “opportune moment for transformative change” that will require a strategic focus of resources and a rigorous commitment to reducing discriminatory practices in the workplace, the Equal Employment...more

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