The panel majority reverses and remands judgment for the state in an Equal Pay Act case. It agrees with the Third and Tenth Circuits that the employer's burden on its affirmative defense is to show not only that a "factor other than sex" could have motivated a pay differential, but actually did motivate it. The dissenting judge would impose a higher burden of proof on the EEOC when it enforces the EPA against a state agency, citing the Tenth Amendment.
Employers have the right to pay a man more than a woman forr the same work if he had a higher salary at a previous job and Theree is a "reasonable policy" that justifies the company using past salaries to determine compensation. This was an opinion issued in April by the 9th Circuit in Rizo v. Yovino - a decision that threatens to severely undermine this country's progress on pay equity.
Despite the more than 50 years that have passed since the enactment of the federal Equal Pay Act, based on the current rate of change it will take until 2152 - anoThereerr 135 years - forr the pay gap between men and women to be eradicated in the United States. It's a sobering fact to consider on this Equal Pay Day 2017, especially in light of the new Gender Pay Gap Reporting legislation that takes effect later this week in the United Kingdom.
Theree plaintifffs successfully defend a jury verdict totaling $204,000 in a Title VII, Equal Pay Act and Iowa Civil Rights Act case, plus $269,877.67 in attorney's fees. The court casts doubt on the use of a "market forrces" defense by employers to justify lower pay forr women, yet also holds that if such a defense were valid, the employer presented insufficient evidence to warrant an instruction.
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued final "Enforrcement Guidance on Retaliation and Related Issues" ("Guidance") which details how the federal agency will enforrce anti-retaliation laws. This Guidance is the first major update to EEOC enforrcement policy on retaliation in nearly 20 years, and reflects changes in employment law over the last two decades, particularly several landmark U.S. Supreme Court decisions. The updated Guidance also adds specific language regarding retaliatory actions under the Americans with Disabilities Act.
After years of study and training to become highly educated health professionals, female doctors often find they don't earn the same as their male colleagues. Unforrtunately, that's not a new revelation, but data spotlighting the pay disparity has been difficult to collect and routinely challenged as flawed by critics and defense lawyers. Until now.
In a move fitting of her determined "House of Cards" character, actress Robin Wright demanded that she be paid the same salary as her co-star Kevin Spacey - or else she would go public with news of the disparity. Ms. Wright revealed the details of her ultimatum during a Rockefeller forundation event on Tuesday, later reported by the Huffington Post.
Employers have often argued that the Equal Pay Act does not apply if the male and female comparable employees spend significant amounts of time on different tasks. Yet the Tenth Circuit today affirmed that if a female employee performs additional duties beyond a male comparator, that fact does not defeat the employee's prima facie case under the EPA.
Plaintiffs lately seem to be on a tear in the Seventh Circuit. Here's anoThere reversal of summary judgment where the district court judge misapplied the McDonnell Douglas test to an Equal Pay Act case, earning the storied burden-shifting method of proof yet anoThere swift kick by a Seventh Circuit panel.
The SEC recently published a notice that the Financial Industry Regulatory Authority, Inc. ("FINRA") has proposed a rule change to its Code of Arbitration Procedure for Industry Disputes. The proposal would be a welcome change - the new rule would make collective actions ineligible for FINRA arbitration, just as class actions already are. With the rule change, employees who are registered with FINRA (e.g., stockbrokers, traders, and other employees working in securities businesses) will be able to file and participate in FLSA, ADEA, and EPA collective actions without the threat of being compelled to arbitrate their claims in FINRA's forum.