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The Incredible Shrinking Woman’s Earnings: The Gap is Bigger Than We Thought!

A newly-released study by the Institute for Women’s Policy Research (IWPR) states that the gender wage gap is more dismal than we thought. For every dollar earned by a man in a 15-year period, the study says, the average woman only makes 49 cents – and not 80 cents.

eLABORate: Proactively Preparing for Pay Equity

he Phelps Labor and Employment team presents a 2018 recap and guide to “Proactively Preparing for Pay Equity.” In this piece, readers will receive a brief history of pay equity, particularly gender pay gap concerns, recent litigation and government activity in the area, the representation of women in the workforce, as well a call to take action to evaluate pay equity and best practices. Click here or the image below to review the full piece.

NY Federal Court Significantly Limits Scope of Equal Pay Case

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. On November 30, 2018, the U.S. District Court for the Southern District of New York issued an opinion in Kassman v. KPMG LLP decidedly in favor of the employer, and laid out a structure for analyzing commonality in putative class actions involving manager discretion over pay and promotions.

Fired For Having An Abortion: Is That Sex Discrimination?

Early last month, a federal district court in Florida held employment discrimination based on having or not having an abortion might lead to a recognizable claim of sex discrimination under Title VII. While the law is certainly not settled on this issue, we can see a certain trend emerging.

The Department Of Justice Claims Transgender Workers Are Not Protected By Civil Rights Laws

The Department of Justice (“DOJ”) recently filed a brief in a case which may soon make its way to the Supreme Court of the United States, claiming Title VII of the Civil Rights Act of 1964 does not protect transgender people. The case is EEOC v. R&G and G&R Harris Funeral Homes, Inc.

Federal Circuit Urged to Reconsider Prima Facie Showing Required for Equal Pay Act Claim

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 full court to overturn the panel decision. The American Civil Liberties Union (ACLU) and dozens of other advocacy groups have filed friend-of-the-court briefs supporting the plaintiffs’ request.

U.S. Department of Education Issues Proposed Rules on Title IX

On November 16, 2018, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published proposed rules, which “clarify and modify Title IX regulatory requirements” for colleges and universities that receive federal funding. This alert, written by HRW's Higher Education Team, describes the key terms and requirements of the proposed rules.

Sex Discrimination Claim Arising from No Severance

A severance package is pay and/or benefits employers pay employees following a termination or layoff. Often, the employee’s acceptance of the severance will include a release of any potential claims against the employer. Of course, severance packages are not required. In a recent decision, a court considered what happens when every departing employee is not offered a severance package.

Making Workplaces More Colorful: 8 Ways to Support LGBT Workers

The 2018 midterm election was historic for individuals identifying as lesbian, gay, bisexual or transgender (LGBT). With significant victories on the state and local level, LGBT individuals are making inroads as shown by Colorado electing Jared Polis as the nation’s first openly gay governor and Kyrsten Sinema making history not only as Arizona’s first female senator, but the first-ever bisexual member of the US Senate.

Department of Education Unveils Proposed Title IX Regulations

On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct.