By Erin Dougherty Foley and James Nasiri*

Seyfarth Synopsis: On April 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination claims filed by an Indiana University lecturer. In rejecting the lecturer’s claims of unequal pay and failure to promote, the Court shed light on how
Continue Reading Seventh Circuit Rejects University Lecturer’s Title VII Failure to Promote, Unequal Pay Claims

By Jeremy CorapiChristine Hendrickson, and Shardé Skahan

Seyfarth Synopsis: On July 7, 2021, Canada’s Minister of Labour announced an August 31, 2021, effective date for Canada’s Pay Equity Act.  The Act and its implementing regulations contain detailed and strict requirements for employer pay equity plans, so employers should begin thinking about the process for developing their pay
Continue Reading The Final Countdown: Canada’s Revised Pay Equity Act Effective August 31, 2021

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?

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 Christine Hendrickson and Annette Tyman

Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report.

Equal Pay Day is always a day of deep reflection and connection for our Pay Equity Group. The day is filled
Continue Reading Equal Pay Day 2020: Seyfarth’s Release of Equal Pay Resources

By Christine Hendrickson and Nolan R.Theurer

Seyfarth Synopsis: The Ninth Circuit, in an en banc decision following remand from the Supreme Court, held that employers cannot justify pay disparities under the federal Equal Pay Act by showing that those disparities are based on employees’ past earnings. We hope you will join Seyfarth’s Pay Equity Group for an Equal Pay
Continue Reading What Is Past Is Prologue: The Ninth Circuit Again Rules That Prior Salary Cannot Justify Pay Differences

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 Christine HendricksonAnnette Tyman, and Rhandi Childress Anderson

Seyfarth Synopsis: On July 31, 2019, the Illinois Governor J.B. Pritzker signed HB0834 into law, amending the state’s Equal Pay Act.  The amendments toughen the state’s pay equity protections and includes a salary history ban, among other provisions.  This adds Illinois to the growing list of states barring
Continue Reading Illinois – the Newest State to Toughen its Equal Pay Laws with a Robust Salary History Ban

By David J. Rowland, Jennifer A. Riley, Uma Chandrasekaran, and Michael D. Jacobsen

Seyfarth Synopsis:  Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull legal effect of diversity and inclusion programs, pay equity reviews, and other well-intended
Continue Reading Google: Demonstrating The Hazards Of Employment Discrimination From Every Angle

By Barry J. Miller and Hillary J. Massey

Seyfarth Synopsis:  Employers cannot ignore the recent amendments to state and local pay equity laws and increased attention on equal pay issues. Pay equity claims raise unique challenges, including the prevalence of statistical evidence and multi-jurisdictional compliance. This article addresses the advantages of conducting a pay audit and how the analysis, particularly
Continue Reading How Employers Can Use Regression Analyses In Their Favor In Pay Equity Cases