The Difficulty in Identifying Comparators for Equal Pay Claims

Pay equity litigation is proceeding apace despite the COVID-19 pandemic, and claimants are raising critical issues pertaining to the Equal Pay Act of 1963 (“EPA”). The EPA requires that an employee claiming gender-based wage discrimination first demonstrate that employees of the opposite sex were paid different wages for substantially equal work. To show that the…

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Despite Dismissal at Court, USWNT Continues Pay Equity Claim

It was a stunning defeat for a team that has seemed at times invincible—but it was not on the soccer pitch. On Friday May 1, 2020, a federal district court judge dismissed the U.S. Women’s National Soccer Team’s (USWNT) claim of unequal pay against the United States Soccer Federation (USSF). Undaunted, the USWNT has appealed…

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