By Pamela Q. Devata and Jennifer L. Mora
Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multi-million settlement with a national employer, which resolved litigation that claimed the employer’s use of criminal history had a disparate impact on minority job applicants. The announcement
Seyfarth Synopsis: As we look ahead to the end of the year, and Seyfarth Shaw’s annual analysis of trends and developments in EEOC litigation (see here for last year’s publication), we can begin to see how the EEOC has shaped equal pay litigation in the federal courts in 2019. For years
Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug test was the result of his use of an over-the-counter sinus medicine. While a favorable decision
By Christine Hendrickson, Annette 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
By Erin Dougherty Foley and Grace Nickels
Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be forfeited if a defendant waits too long to raise the objection.
On June 3, 2019,
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
By Michael Jacobsen, Christopher DeGroff, and Gerald L. Maatman, Jr.
Seyfarth Synopsis: On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018. The release arrived a few months later than usual – likely due to the recent government shutdown – but still packed a punch in several
By Christine Hendrickson and Annette Tyman
Synopsis: Seyfarth’s Pay Equity Group is pleased to release two reference guides: the 2019 Developments in Pay Equity Litigation Report and the 3rd Annual 50-State Pay Equity Desktop Reference.
Today, April 2, 2019, is Equal Pay Day. As we reflect on the developments in equal pay laws
By Annette Tyman, Randel K. Johnson, and Michael L. Childers
Seyfarth Synopsis: The U.S. District Court for the District of Columbia vacates the Office of Management and Budget’s (OMB) prior order staying the implementation of the revised EEO-1 Report which required employers to report W-2 wage information and total hours worked.
On
By Gerald L. Maatman, Jr., Michael L. DeMarino, and Rebecca S. Bjork
Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In EEOC v. Baltimore County., No. 16-2216, 2018