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Home > Federal Law Articles > Sex and Gender Discrimination > Equal Pay

Articles Discussing Equal Pay In The Workplace.

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

December 10, 2021 | Littler Filed Under: Equal Pay

Littler

A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar work for $125,000. Has the employer violated the federal Equal Pay Act?

Fourth Circuit Requires Parity in Each Component of Compensation, Not Only in Total Compensation, Under Federal Equal Pay Act

December 8, 2021 | Littler Filed Under: Equal Pay

Littler

On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit rejected the notion that under the federal Equal Pay Act (EPA), equality should be assessed based on total compensation, holding instead that equality must be satisfied regarding each component of compensation.  Sempowich v. Tactile Sys. Tech.,


‘Equal Pay for Team USA’ Act Reintroduced Ahead of Tokyo Olympics

July 21, 2021 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

Legislation recently reintroduced by Senators Maria Cantwell (D-Wash.) and Shelly Moore Capito (R-W.Va.) joins a growing number of federal bills on pay equity for female athletes.

The “Equal Pay for Team USA” Act of 2021, first introduced in 2019, would require equal pay for all athletes representing the United


Paycheck Fairness Act Fails to Advance in Senate

June 15, 2021 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

On June 11, 2021 the U.S. Senate failed to approve advancement of the latest iteration of the Paycheck Fairness Act. In a procedural cloture vote that fell along party lines the Act fell short of receiving the required 60 votes needed to move forward. As a reminder, the version of


Making Every Day Equal Pay Day (Podcast)

April 27, 2021 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

National Equal Pay Day was created in 1996 to raise public awareness and illustrate the disparity between men’s and women’s wages for the same work. Twenty-five years later, more remains to be done to close the gap, and employers continue to grapple with policies and processes to ensure women and minorities are paid equitably. 

Seventh Circuit Decision May Portend Increase in Equal Pay Act Claims for Illinois, Indiana, and Wisconsin Employers

February 3, 2021 | Ogletree Deakins Filed Under: Equal Pay

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 (EPA) claims. The decision serves as a warning to Illinois, Indiana,

High Court Declines to Resolve Circuit Split on Whether Prior Salary is “A Factor Other Than Sex” that Can Justify a Pay Disparity Under the Federal Equal Pay Act

July 10, 2020 | Littler Filed Under: Equal Pay

Littler

On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino.1 The federal Equal Pay Act (EPA)2 requires “equal pay for equal work regardless of sex,” subject to four exceptions.  The question presented on the request to review the decision was whether prior

The Impact of COVID-19 on Gender Pay Equality in the UK Workplace

June 16, 2020 | Ogletree Deakins Filed Under: Equal Pay

In May 2020, the United Kingdom welcomed the 50th anniversary of the Equal Pay Act 1970, which was enacted to ensure the equal treatment of men and women in terms of pay and the conditions of employment. However, in recent months, research has revealed that women have suffered a larger

Women’s National Team Misses Goal in Equal Pay Act Claims

May 5, 2020 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

A federal judge has dismissed the Equal Pay Act (EPA) claims filed by 28 members of the U.S. Senior Women’s National Soccer Team (WNT) against the United States Soccer Federation (USSF),

finding the WNT players were actually paid more than their males counterparts on the Men’s National Team (MNT)

Prior Pay No Defense to Pay Difference Under Equal Pay Act, Ninth Circuit Reaffirms

April 1, 2020 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of Appeals for the Ninth Circuit has held again.

Worried About a Pay Gap in Your Organization? Taking Action May be Less Daunting Than you Think.

March 30, 2020 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

Pay equity between men and women – and among different races – has long been a concern for employers who want to ensure they are paying people according to job-related reasons, in compliance with anti-discrimination laws, and in a way that aligns with the organization’s practices and philosophies. In the

Jury Finds Against Female Physician’s Unequal Pay Claims

December 2, 2019 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa Nov. 13, 2019).

Survey Says Employers are ‘Taking Action on Pay Equity Management’

October 24, 2019 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

A majority of employers (60%) are not only conducting analyses to identify and address pay equity issues, but are conducting analyses with the objective of “resolving the root causes” of identified pay inequities, according to “Pay Equity Practices – Survey of C-Suite and Reward Leaders” from WorldatWork and Korn Ferry.

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

September 26, 2019 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities.

The Future of Federal Pay Equity Law, According to Democratic Presidential Candidates

September 11, 2019 | Jackson Lewis Filed Under: Equal Pay

Jackson Lewis

State pay equity laws, in large part, has been a response to a perception that the federal government is not acting effectively or quickly enough to address gender and race pay gaps. Not surprisingly, several democratic presidential candidates have staked out platforms on how they will address pay inequities at the federal level – some more specific than others.

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