NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. the District Court for the District of Columbia denied an employer’s motion to dismiss even though the complaint at issue did not explicitly allege how the positions at issue were equal with respect to skill, effort, and responsibility. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – announced that a manufacturer of diesel engines, Cummins, Inc., will pay $77,500 to settle an EEOC equal pay discrimination lawsuit for allegedly paying … Rizo worked for the Fresno County Office of Education. The exact date differs from year to year. The latest news, delivered straight to your inbox. In 2012, Rizo learned men in the district were making as much as $10,000 more working in comparable positions. Major Equal Pay Act Case Vacated by Supreme Court. Finally, the agency pulled in another $3.8 million in sex discrimination claims, including a $3.6 million settlement on behalf of a class of female job applicants who were denied jobs at warehouses operated by Sherwood Food Distributors LLC. The Court first conferenced on the county’s petition in December, but has yet to decide whether or not to take it. This post will describe the legal developments in FY 2019 within the EEOC’s equal pay priority. Fresno County said prior salary is not a sex-based factor. The position paid far more than plaintiff’s position. Our mission is two-fold: to provide critical, real-time updates on employment law matters to in-house counsel and HR executives, and to keep our audience apprised of new trends and developments on the horizon. Given these facts, combined with the inherent discretion within the MAPS policy, genuine factual questions exist about how defendants arrived at [the comparator’s] salary.” Id. The EEOC reports – and our yearly analysis has consistently confirmed – that the six priorities identified in the SEP are lightning rods for increased EEOC litigation, and are more often the subject of the agency’s conscious, directed development of the law. Pay disparities are especially severe for women and girls of color. Since the latest wage figures are not available until late August or September, the NCPE decided to select a Tuesday in April as Equal Pay Day. EEOC Litigation Developments In 2019 Equal Pay Act cases are often highly fact-driven and therefore notoriously difficult for employers to scuttle with pretrial motions. “Salaries speak louder than words,” the opinion states. The biggest economic challenge of our time is that Americans are in jobs that do not pay them enough to live on. The Supreme Court faulted the 9th Circuit’s decision to allow Reinhardt to participate in the ruling. This law provides more clarity as to what is considered unlawful wage discrimination and adds protections to ensure greater fairness and equity in the workplace. 50th Anniversary of Equal Pay Act This year marks the 50th anniversary of President John F. Kennedy's signing of the Equal Pay Act of 1963. The agency also settled 16 disability discrimination claims in the aggregate amount of $4.3 million. These pay disparities exist in both the private and governmental sectors. Employers should be mindful of this Circuit’s litigation as a trend for things to come across the country. In particular, the District Court held that the evidence showed that employees within the charging party’s position, library supervisors, perform a wide variety of job duties across various library branches: “Overall, the branches generally have varying responsibilities in light of their different physical plants, different clientele, and different community resources. Circuit Court of Appeals, The Supreme Court Case That Could Bring Down the Wall of Separation Between Church and State (Updated), How the Supreme Court Could Kill Your Ability to Sue for Medicaid Benefits—and Gut Planned Parenthood Funding in the Process (Updated), California Court Says Starbucks Must Pay for Off-the-Clock Work. 24/7 coverage of breaking news and live events. Reporting by Lawrence Hurley; Editing by Will Dunham. Several recent decisions arising out of EEOC-initiated litigation are illustrative of this trend. And, it ensures employers are not reliant on wage history when they hire an employee.". by Benjamin Sachs | Feb 25, 2019 ... U nfortunately, over fifty years after the passage of the Equal Pay Act, the wage gap between men and women is not some inert historical relic of bygone assumptions and sex-based oppression. The California legislature in 2016 changed state law so that prior salary cannot be used as a defense to justify gender pay disparities. at *7. Posted on: May 26 2019 By: The Equal Employment Opportunity Commission (EEOC) has filed fewer lawsuits at the midpoint of its fiscal year, compared to the same period in FY 2018. Posted in: Discrimination, Sexual Harassment, 420 Lexington Avenue Suite 1830 New York, NY 10170-1830, 420 Lexington Avenue, Suite 1830, New York, NY 10170-1830 |, Number of EEOC Lawsuits Decline While Settlements Increase in 2019, Age Discrimination in Employment Act (ADEA), Worker Adjustment and Retraining Notification Act, Understanding New York’s Statutes of Limitations, consult an experienced employment law attorney. The goal of equal pay laws is to base compensation on the work performed and not rely on previous pay that may reflect gender discrimination,” explained Attorney Lester Rosen, the founder and Chief Executive Officer (CEO) of  Employment Screening Resources® (ESR) and the author of ‘The Safe Hiring Manual.’. Thus, it said, it was not a “sex-based” wage determination in violation of the EPA. The District Court held that the complaint “straightforwardly pleads that [plaintiff] was paid less as Executive Assistant than [comparator] was paid as a Special Assistant for substantially the same job responsibilities.” Id. According to IWPR, when averaged out over 15 years women make 49 cents for every dollar men make—with women of color, especially Black women, paid the least of all. As these cases demonstrate, employers face considerable hurdles when trying to dispense with an equal pay claim early in the litigation. Pay disparities are especially severe for women and girls of color. NSC Publishes Benchmarking Report on COVID-19 Safety Practices Implemented in Business and Industry, California Peculiarities Employment Law Blog, ERISA & Employee Benefits Litigation Blog, Workplace Safety and Environmental Law Alert Blog. Employers can justify wage differentials if those differentials are based on things like seniority, merit, or “any other factor other than sex.” In this case, the county argued the formula used to set salaries was applied consistently among employees regardless of gender. A decision by the Roberts Court to side with salary formulas like the one at issue in Rizo could throw those prohibitions into question while solidifying the gendered wage gap findings reported by groups like IWPR and others. House Democrats stressed that while there has been progress towards pay equality, women still earn just 80 cents to the dollar a man makes for the same work. The fact-dependent nature of those claims often block an easy win at the motion to dismiss or summary judgment stage. at *1. If you believe you have been the victim of employment discrimination or sexual harassment in the workplace, you should consult an experienced employment law attorney.

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