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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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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