News & Analysis as of

Gender-Based Pay Discrimination Burden of Proof

Morgan Lewis

What’s New on Pay Transparency - Legal Insights Germany

Morgan Lewis on

In its judgment of 23 October 2025 (case reference: 8 AZR 300/24), the German Federal Labour Court (BAG) confirmed the “pair comparison” and thereby significantly facilitated equal pay lawsuits. The higher salary of a single...more

Littler

Further Clarity on the German Pay Transparency Act: Top Earners as Suitable Comparators

Littler on

The EU Pay Transparency Directive stipulates that member states must transpose their provisions into national law by June 7, 2026. Germany is eagerly awaiting the presentation of the corresponding draft law, after the...more

Jones Day

EU Pay Transparency: What Employers Need to Know

Jones Day on

The EU Pay Transparency Directive (2023/970), adopted in May 2023, aims to close the gender pay gap and strengthen enforcement of the principle of equal pay for equal work. It introduces binding obligations for employers to...more

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

Venable LLP on

The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Snell & Wilmer

Judge Red Cards U.S. Women's Soccer Team's Equal Pay Claim

Snell & Wilmer on

The U.S. Women’s National Soccer Team’s (“WNT”) battle to increase pay in line with that afforded to the U.S. Men’s National Soccer Team (“MNT”) was dealt a blow last Friday as a judge dismissed their Equal Pay Act ("EPA")...more

Payne & Fears

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

Payne & Fears on

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

FordHarrison

NYS Eases Burden of Proof for Discriminatory Harassment

FordHarrison on

On August 12, 2019, New York State (NYS) amended its Human Rights Law to make it easier to prove discriminatory harassment for members of all protected classes, including age, race, creed, color, national origin, sex, sexual...more

Schwabe, Williamson & Wyatt PC

Wage Gap and #MeToo Movement Legislation: Impact on Washington Employers

Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more

Burr & Forman

Equal Pay Act case gets new life

Burr & Forman on

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Raises Bar for Early Dismissal of Equal Pay Claims

Under the federal Equal Pay Act, once a plaintiff has made a prima facie case of pay discrimination based on gender, the burden of proof shifts to the employer to demonstrate legitimate business reasons for the disparity....more

McManis Faulkner

California’s New Fair Pay Act: Practical Recommendations for Employers

McManis Faulkner on

As of January 1, 2016, employers need to adapt to California’s new Fair Pay Act (SB 358). Previously, the law prohibited employers from paying lower wages to employees of opposite gender when they performed equal work that...more

Zelle  LLP

The California Fair Pay Act

Zelle LLP on

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

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