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Pay Equity Laws: The Top Four Recent Trends

Women, broadly speaking, make $.80 cents for every dollar that a man makes, and the gap is even wider for women of color. However, in recent years, states across the country have begun to take action to address pay inequity and pay discrimination lawsuits have garnered national attention. Not sure what the latest news is? We’ve compiled a list of recent updates for you right here:

1. Federal Judge Reinstates EEOC Rule Requiring Greater Disclosure of Private Workforce Pay.

U.S. District Judge Tanya Chutkan of the District of Columbia recently ruled that the Trump Administration must comply with an EEOC rule requiring disclosure of pay information based on gender, race, and ethnicity. Employers with over 100 employees must comply with the new reporting requirement by May 31st. The Administration has not yet announced whether it will appeal the ruling.

2. In the Last Year, Workers Have Filed Pay Discrimination Suits Against Several High-Profile Companies.

Female workers have filed pay discrimination suits against many of the largest corporate players in the country – law firms included. Firms such as Jones Day, Chadbourne & Parke, Morrison & Foerster, and Proskauer Rose have been hit with recent lawsuits based on a variety of gender-based claims. This proliferation of lawsuits is a reminder that employers of all sizes and industries must take care to ensure compliance with pay equity legislation.

3. Several States Are Considering New Pay Equity Legislation.

In the last year, several state legislatures have proposed new pay equity legislation. Canada and the UK have also announced new legislative efforts. Check out our full blog article for a list of helpful resources.

4. The Supreme Court Weighs In (kind of…).

In February 2019, the Supreme Court declined to answer the question of whether employers can use salary history to justify unequal pay. The case, Yovino v. Rizo, challenges the scope of the Equal Pay Act and could have a major impact on employers nationwide, although it is currently back at the circuit court on a procedural issue. Regardless of how the Ninth Circuit ultimately rules, there is already a circuit split on the issue of salary history questions.

So what’s next for pay equity? For a peek into the latest legal developments, be sure to check out Pay Equity Laws in the Northeast: New York, New Jersey, and Massachusetts.

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