A recent equal pay discrimination ruling by the Second Circuit U.S. Court of Appeals serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law.
Goldman Sachs and a class of nearly 3,000 plaintiffs have reached a settlement in a pay discrimination case that was originally filed back in 2010. The multimillion-dollar settlement amount is one of the highest we’ve ever seen.
The federal appeals court that deals with claims brought by federal employees has issued a ruling that brings the standard for establishing a prima face case in the federal sector in line with the standard applied in the private sector, a
Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.
According to enforcement statistics covering fiscal year 2021 released recently by the EEOC, both the number of discrimination charges filed and the number of charges resolved hit 30-year lows last year.
A recent Equal Pay Act ruling by a federal appeals court suggests that the Equal Employment Opportunity Commission wants it both ways when attempting to establish a pay discrimination claim.
The EEOC is proposing changes to the process it follows to informally settle discrimination charges which, if implemented, should bring more consistency and thus better results when conciliation occurs. CWC plans to file comments supporting the chang
The U.S. Senate last week finally voted to confirm President Trump’s three pending nominees to the Equal Employment Opportunity Commission, thus ensuring a Republican majority on the EEOC until at least 2022.
The Equal Employment Opportunity Commission voted earlier this week to issue a proposal to revise the agency’s regulations governing the process under which the EEOC attempts to resolve discrimination charges informally. Based on a summary of the pro
Employers looking for guidance from the Supreme Court on how or even whether salary history can be used as a factor in setting pay under the EPA will have to wait after the Court’s decision not to take up a case that might have resolved the issue.
The EEOC has rolled out two new nationwide pilot programs making adjustments in the agency’s conciliation process and mediation program, both containing features that are consistent with reforms for which CWC has long advocated.
President Trump’s nominees to fill open slots at the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Office of Disability Employment Policy have been approved as a package by a key Senate committee, setting their
There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m
Our brief to the High Court argues the Ninth Circuit got it very wrong in ruling that prior salary, either “alone or in combination with other factors,” can never justify a wage differential under the Equal Pay Act, regardless of whether it was appli
The most recent federal court statistics, covering the period October 1, 2018, through September 30, 2019, show that except for lawsuits filed under the Family and Medical Leave Act (FMLA), all employment-related categories showed a decrease in the n
Final enforcement data released by the EEOC covering the past fiscal year show fewer discrimination charges are being filed with the agency. Retaliation allegations continue to be the most common complaint.
Nearly 40 years ago, the U.S. Supreme Court ruled that a plaintiff attempting to prove pay discrimination under Title VII did not have to meet the exacting proof standards of the Equal Pay Act, as long as the evidence introduced supported a claim of
CWC’s written comments to the Labor Department on its proposed revisions to the regulations governing the “white collar” exemptions under the Fair Labor Standards Act point out that they are a vast improvement over the controversial 2016 changes that
House Democrats have advanced one of their priority bills by passing legislation that would amend the federal Equal Pay Act to make it much easier for a plaintiff to prove pay discrimination. Don’t look for any quick action on the bill by the U.S. Se
The latest data on annual federal court lawsuit filings show that employment-related lawsuits once again fall within a consistent range, although lawsuits filed under the Americans with Disabilities Act are an outlier as they continue to increase.
The Supreme Court declined to address the merits of a case that raises the issue of whether the Equal Pay Act allows an employer to take prior salary history into account in setting pay. Instead, the Court sent the case back because the judge who au
As we anticipated, the new Democratic majority in the House of Representatives is moving quickly to pass one of its domestic priority issues, a bill that would expand the Equal Pay Act to strengthen the law’s protection.
The Equal Employment Opportunity Commission is continuing its effort to completely digitize its charge processing system, with publication of a proposed rule that would allow charging parties to file discrimination charges online. CWC will be comment
Under a new federal law passed last year, federal agencies are now required to make annual inflation adjustments to the penalties that can be assessed for posting violations. Our updated memo lists the current fines, as well as other changes that ha
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