On July 10, 2019, the Governor of New York State signed into law a bill extending New York’s pay equity protections to pay differentials based not only on gender, but also those caused by discrimination on the basis of age, race, sexual orientation, disability, and domestic violence victim status. The bill lowers the burden of
Equal Pay
2019 EPLI Trends Report Published
By Jeffrey M. Schlossberg on
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension, …
Ensuring Enforceability of Separation and Release Agreements
By Heather C. Hili on
The Sixth Circuit recently allowed an Equal Pay Act and Title VII pregnancy discrimination suit to proceed despite the fact that plaintiff signed an agreement releasing all claims and, did not turn back the severance payment given in consideration for the release. In McClellan v. Midwest Machining, Inc., the Court relied upon the United…
Oregon Enacts Expansive Pay Equity Law
By Ana C. Shields on
Posted in Equal Pay
The Oregon Equal Pay Act of 2017 greatly extends pay equity protections to a variety of protected classes, prohibits employers from asking for applicants’ salary history, and expands existing remedies available to employees. Read more here.
Ninth Circuit Confirms Prior Salary Can Be a Legitimate Factor Other Than Sex Under Federal Law
By Kathryn J. Barry on
Relying on salary history to justify differences in employee pay can be a valid defense under the Equal Pay Act, according to a recent decision by the United States Court of Appeals for the Ninth Circuit. Rizo v. Yovino, 2017 U.S. App. LEXIS 7427 (9th Cit. Apr. 27, 2017).
According to the Ninth Circuit, …
Wage Discrimination Claim Dismissed Where Female Professor Failed to Show Higher Paid Male Professors Were Appropriate Comparators
By Jackson Lewis P.C. on
Posted in Equal Pay
In Spencer v. Virginia State University, et al., the United States District Court for the Eastern District of Virginia dismissed Equal Pay Act and Title VII pay discrimination claims brought by a female university professor against Virginia State University. Plaintiff alleged that male professors with fewer qualifications and less experience were paid substantially more…
Dismissal of Claims of Discrimination in Pay Highlights Importance of Conducting Proactive and Privileged Pay Equity Analyses
By Daniel V. Duff III on
In Catalina v. Moniz, the United States District Court for the District of New Mexico dismissed Equal Pay Act and Title VII pay discrimination claims brought against the U.S. Department of Energy (DOE). Although Plaintiff raised a question of fact regarding whether she performed “substantially equal work” as a male coworker, the employer presented…
EEOC Settles Sex-Based Pay Discrimination Lawsuit
By Jackson Lewis P.C. on
On September 22, 2016, the Equal Employment Opportunity Commission (EEOC) announced that it settled a federal sex-based pay discrimination lawsuit with oil company Santmyer Oil operating as SOCI Petroleum, Inc. (“SOCI”) for $50,000. The EEOC had filed the lawsuit in September 2015 on behalf of Lori Bowersock alleging that the company violated the Equal Pay…