A source of insights, news and strategy on pay equity matters
First introduced in Congress in 1997, and several times since, the Paycheck Fairness Act is again under consideration by Congress (S. 270/H.R. 7).
If enacted, the bill would attempt to close the gender pay gap by:
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On January 17, 2019, Colorado Senate Democrats introduced the “Equal Pay for Equal Work Act” (SB 19-085) to prohibit a wage differential based on an employee’s sex. The bill also contains a salary history ban and pay transparency requirements. If passed, this would be among the most aggressive equal pay laws in the…
One week after taking office, Michigan Governor Gretchen Whitmer signed a directive that prohibits state departments and agencies from asking about current or previous salaries until after extending a conditional offer of employment with proposed salary. Executive Directive No. 2019-10, intended to ensure equal pay for equal work among state employees, went into effect…
A free service to help provide legal advice to female low-income earners on pay equity matters is now available in the United Kingdom. The Equal Pay Advice Service, or “EPAS,” went into operation on November 9, 2018, in time for the UK’s Equal Pay Day (the day in the year when women in the UK …
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…
Fair pay initiatives continue to sweep the globe. Canada is the latest to consider legislation.
On October 29, 2018, the Government of Canada announced the introduction of an “Act to Establish a Proactive Pay Equity Regime within the Federal Public and Private Sectors (Pay Equity Act).” The Act would address a number of legislative findings…
The courts are making it increasingly difficult for employers to prevail on equal pay discrimination claims based on the “factor other than sex” affirmative defense. One recent example is the decision in EEOC v. Maryland Ins. Admin., 879 F.3d 114 (4th Cir. 2018), from the U.S. Court of Appeals for the Fourth Circuit. There…
The Commercial Real Estate Women (CREW) Network recently evaluated the pay gap by gender in the commercial real estate industry and published a white paper entitled “Achieving Pay Parity in Commercial Real Estate” (Linked here). The white paper reports that the gender pay gap “persists and is strongest for [women] earning less than…
Departing from other federal appeals courts, the U.S. Court of Appeals for the Federal Circuit has held that Equal Pay Act plaintiffs must establish that the pay differential between similarly situated employees is “historically or presently based on sex” to make out a prima facie case.
In Gordon v. U.S., No. 17-1845 (Fed. Cir.
With the #MeToo and #TimesUp movements re-energizing the focus on #EqualPay, employers increasingly may find themselves facing questions about how they are paying employees and what they are doing to help close the pay gap. A growing number of companies are adjusting their compensation programs to address pay equity concerns. In recent months, several large…
