Wide-Ranging Decision from the Grave Scrapped by SCOTUS

By John Alan Doran This morning the Supreme Court sent a blockbuster case back to the Ninth Circuit to be reconsidered because the judge who actually wrote the Ninth Circuit’s majority decision had passed away before it issued. The plaintiff brought an Equal Pay Act (“EPA”) claim against the School District when she learned that […]

Pay History Won’t Satisfy Equal Pay Act

By Brooke A. Colaizzi The Ninth Circuit overturned its own precedent today and ruled that employers cannot justify a pay disparity between men and women by relying on employees’ past salaries.  Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018). The Equal Pay Act requires that men and women receive equal pay for equal […]

Equal Pay in a #MeToo World

By Elizabeth Chilcoat A recent case illustrates the perils of paying women less than men – even when there appears to be a good reason to do so.  In Bowen v. Manheim Remarketing, Inc., the company promoted the plaintiff, a woman, to replace a more experienced male employee.  The plaintiff was paid less than the […]

Trump Win=Ivankas Social Policy?

By Bill Wright When DJ Trump’s daughter introduced him at the party convention, she announced (to more than a few gasps) that DJ would “work for equal pay for equal work,” and that she would “fight for this too, right along side of him.”  Of course, VP-elect Pence wasn’t on stage at the time, but […]

Retaliation Encyclopedia

By Andy Volin The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic.  This is the first time since 1998 that the EEOC has updated its guidance on this topic, and the EEOC is soliciting public comment until February 24, 2016. […]