By Matthew J. Gagnon

Seyfarth Synopsis: Government agencies and private plaintiffs’ counsel alike send a clear message: employers must take pay equity seriously. One way employers can address this message is by considering periodic audits of their pay practices and/or investigations of any unexplainable pay gaps or irregularities. Employers are often concerned about how those audits and investigations could be

Continue Reading Key Developments In Equal Pay Litigation: Maintaining Privilege Over Pay Equity Audits And Investigations

Seyfarth Synopsis: Seyfarth Published its 50 State Equal Pay Reference Guide – 2024 Q1 Edition (seyfarth.com) for organizations that operate in multiple states, tracking the ever-changing requirements related to equal pay issues can pose daunting challenges and the growing “ripple effect” of such requirements is being felt across industries and sectors. To simplify the process, we are pleased to provide

Continue Reading Seyfarth Publishes its 50 State Equal Pay Reference Guide – 2024 Q1 Edition

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