By Erin Hawthorne, Tessa Cranfield, and Daniel E. Waldman

Seyfarth Synopsis: For a variety of historical and social reasons, US law permits (and in some cases requires) employers to affirmatively track and provide opportunity to historically underrepresented groups in the workplace. Companies are permitted to (and in some cases must) gather data from candidates and employees regarding
Continue Reading American Companies Face Considerable Risks Implementing Their Diversity Plans Abroad

Seyfarth Synopsis: On Equal Pay Day 2021, Seyfarth’s Global Pay Equity Group is pleased to release three reference guides: the 2021 U.S. 50-State Pay Equity Desktop Reference, the 2021 Developments in Pay Litigation Report, and introducing the Global Pay Equity Desktop Reference.

It’s Equal Pay Day 2021.  What a year it has been.

Equal Pay Day 2020
Continue Reading Equal Pay Day 2021: What’s on the Horizon?

Seyfarth Synopsis: On Wednesday, March 24 at 12:00 p.m. Eastern, Seyfarth attorneys will present a webinar entitled Equal Pay Day 2021: US and Global Outlook and Trends.

Please join Seyfarth on Equal Pay Day for a presentation of Seyfarth’s Global Pay Equity Group, as we share our updated Annual 50-State Survey and Developments in Equal Pay Litigation reports,
Continue Reading Webinar: Equal Pay Day 2021: US and Global Outlook and Trends

By Matthew J. Gagnon and Benjamin I. Han

Seyfarth Synopsis: Pending federal bill H.R. 7, titled the Paycheck Fairness Act, could import into federal law some significant changes that have already been enacted in a few states around the country. If enacted, it could significantly alter (some would say eliminate) a key affirmative defense of the Equal Pay Act. Specifically,
Continue Reading Pondering The Future Of Equal Pay Litigation: What A “Business Necessity” Requirement Means For An Employer’s Defense Against Equal Pay Claims

By Matthew J. Gagnon and Benjamin I. Han

Seyfarth Synopsis: As the transition to a Biden administration draws near, what pay equity developments can employers expect under his presidency? An analysis comparing pending federal bill H.R. 7, titled the Paycheck Fairness Act, against state equal pay laws may offer some guidance, particularly in light of the uncertainty surrounding whether the
Continue Reading Equal Pay Litigation Update: Will Pay Equity Be Near The Top Of The Agenda For The New Biden Administration? Issues For Employers To Watch

By Matthew Gagnon and Alexandra Oxyer

Seyfarth Synopsis: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal work for unequal pay” to succeed on a pay discrimination claim. This case demonstrates that plaintiffs have
Continue Reading Pay Equity Litigation Update: The Second Circuit Clarifies A Key Difference Between Title VII And Equal Pay Act Wage Discrimination Claims

By John Ayers-Mann and Patrick J. Bannon

Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the proffered reasons to survive summary judgment.

A recent Eleventh Circuit decision illustrates that Plaintiffs in discrimination cases face a
Continue Reading How Narrow is a Discrimination Plaintiff’s Road to Trial in the Eleventh Circuit?

By John P. Phillips and Linda Schoonmaker

Seyfarth Synopsis:  In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the severance agreement should be rescinded and is bringing discrimination claims under Title VII or the Equal
Continue Reading Having Your Cake and Eating It Too: Sixth Circuit Rules that Employees Need Not Return Severance Pay Before Suing