How Serious are OFCCP Equal Pay Penalties? Very.

The Office of Federal Contractor Compliance Programs (OFCCP) just won a significant equal pay victory against WMS Solutions, LLC, a staffing company focusing on asbestos abatement. A News Release dated June 22, 2020, described the order, which requires WMS Solutions, LLC to pay $960,905 in back wages, damages, and interest based on discrimination and harassment…

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No Pay Data, No Pay Gap Benchmarks. Conduct a Pay Equity Audit Now

Under the stewardship of Trump-appointee Janet Dhillon, the EEOC is rolling back federal pay reporting requirements. This returns the United States to the back of class of developed countries in terms of pay reporting. This rollback also contradicts the Commissions earlier finding that these data are “necessary” to the Commission’s ability to efficiently address pay…

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Salary History Ruled Not a Defense in Equal Pay Case

A recent federal court ruling solidifies the prohibition on employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington from using salary history as an affirmative defense to an equal pay claim. On February 27, 2020, the Ninth Circuit Court of Appeals decided Rizo v. Yovino, a decision prompted by the case of…

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New Jersey State Agency Encourages Pay Equity Audits

Last month, the New Jersey Division on Civil Rights released its guidance on enforcement of the Diane B. Allen Equal Pay Act (the “Allen Act”). The Allen Act represents a high watermark for state equal pay legislation. It contains numerous provisions designed to promote pay equity, including expanded remedies for victims of pay discrimination, limiting…

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Jackson National Life Insurance Settles EEOC Case at $20.5 Million

The U.S. Equal Employment Opportunity Commission (EEOC) has been actively cracking down on employers that discriminate against individuals in the workplace, a recent lawsuit against Jackson National Life Insurance demonstrates. The EEOC first filed the lawsuit in September 2016 when the agency charged Jackson for “tolerating a working environment hostile to female and African American…

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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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