Different Equal Pay Standards Apply in Title VII Lawsuit

Pay equity took a major step forward last month as the result of a case that ruled unequal pay for equal work was not required for proving pay discrimination under Title VII under the Civil Rights Act. The case, Lenzi V. Systemax, Inc. involves female employee Danielle Markour and her former employer, Systemax, Inc. In…

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California Bill AB 5 Could Impact Equal Pay Efforts

The pay equity landscape in California will get more complicated for employers on account of Assembly Bill 5 (“AB 5”). AB 5 embeds the California Supreme Court ruling in Dynamex Operations West, Inc. v. Superior Court into statutory law. What Does AB 5 Do? Starting in January 2020, AB 5 will require employers to treat…

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Organizations Need to Take These Steps to Address Equal Pay

Organizations Need to Take These Steps to Address Equal Pay

The possible consequences for failing to comply with theEqual Pay Act and related state and local legislation are becoming more and more costly. If you are like most employers, you are behind in the effort to achieve pay equity within your organization. Many employers are starting to recognize that the movement to obtain equal pay…

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South Carolina Pay Equity Bill Under Consideration

South Carolina Pay Equity Bill Under Consideration

South Carolina state legislators are considering a bill that, if passed, would be the first to bolster all of the protections of the federal Equal Pay Act. The proposed bill, “An Act to Establish Pay Equity,” asserts that South Carolina has one of the largest pay gaps in the nation. A 2017 study from the…

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Clean Data Essential for Reliable Data Analysis

How much confidence can you place in the conclusions of your data analysis? For regulatory compliance actions, the cost of errors can involve fines, lawsuits, and damage to the brand. When being wrong involves significant costs, it is important to consider ways in which errors in the underlying data could be undermining your results. Many…

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EEOC Enforcements Efforts Focus on Sexual Harassment [Update]

EEOC Enforcements Efforts Focus on Sexual Harassment

Fiscal year 2018 saw the most enforcement litigation activity by the Equal Employment Opportunity Commission (EEOC) than any year in the agency’s history since it was formed as part of the Civil Rights Act of 1964. Those organizations that thought the level of EEOC enforcement activity would be slowing down under a Trump Administration may…

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New York State Issues Final Guidance on Sexual Harassment Prevention

New York State Issues Final Guidance on Sexual Harassment Prevention

The New York State Department of Labor and State Division of Human Rights have issued final guidance for the state’s employer policies for workplace harassment that require every employer in the New York State to adopt a sexual harassment prevention policy. As part of the state’s budget bill, which was signed into law in April,…

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EEOC Enforcement Is Alive and Well in 2018

EEOC Enforcement Is Alive and Well in 2018

The Equal Employment Opportunity Commission (EEOC) has had a productive year with the filing of several employee discrimination lawsuits across the U.S., such as the disability discrimination case between lifestyle clothing retailer Pacific Sunwear of California (PacSun) and an 18-year-old student surfaced in Jacksonville, Florida. The EEOC’s lawsuit states that the 18-year-old student, John Sumner,…

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Are You Sure Your Organization Provides Equal Pay?

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An unfortunate truth is that many employers are unaware of just how severe the divergence in pay can be between employees. Unequal pay is the silent killer of organizations because it eats away at employee morale. It makes some employees feel less valued because they are doing the same job as their peers, but are…

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