By Helen M. McFarland and Jacob J. Roes
Seyfarth Synopsis: On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay transparency claim under the Equal Pay and Opportunities Act (EPOA).
Continue Reading Much Needed Clarity May Finally Be Coming on Who Qualifies as a Job Applicant Under the Washington Equal Pay and Opportunities Act
Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of
Continue Reading Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision
Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal Equal Pay Act (“EPA”) never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs
Continue Reading Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related
By Annette Tyman and Matthew J. Gagnon
On Tuesday, March 14th, Seyfarth attorneys Annette Tyman and Matthew J. Gagnon, will present a webinar entitled Equal Pay Day 2023: A Look Ahead into Trends in the Equal Pay Landscape.
Time of the event:
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m.
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 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