Equal Pay Laws: What to Expect

Agenda

What's Happening

• DOL and Census Data Show Substantial Pay Gap Between Male and Female Earnings; Women Reportedly Earn 79 Cents for Every Male Dollar; EEOC Data Analysis of Bay Area Tech Companies Shows Gaps Based on Gender, Race and Ethnicity
• The Equal Pay Act Was Enacted in 1963, but Current Legislative and Regulatory Actions in California, New York, Illinois, Maryland and Massachusetts and Elsewhere Here Provide Expanding Remedies
• New State Laws Apply to Large and Small Employers and Expand the Range of Covered Jobs (Work No Longer Has to Be Equal, Can Be Similar or Comparable) and Cutting Back Defenses
• Existing Restrictions on Pay Transparency Are Being Expanded and Government Agencies Are Demanding Information to Assess Pay Disparities
• Government Contractors Are Subject to Substantial Reporting Obligations That May Lead to Investigation and Litigation

Why You Should Care

• Acting EEOC Chair Victoria Lipnic Has Affirmed EEOC Commitment to Pay Equity
• CA, NY, MD, IL, MA and Others Have Implemented Their Own Pay Equity Laws and Texas, Connecticut, Indiana, Mississippi, Missouri, and the District of Columbia Are Considering Similar Legislative Action
• The California Fair Pay Act Was Extended Beyond Gender to Cover Race and National Origin, Effective 1/1/2017
• The Combination of NLRA Protections on Employee Rights to Discuss Compensation, the OFCCP Transparency Initiative, State Law Protections and the Power of Social Media Are Making It Harder to Maintain Confidentiality
• Several States Have Enacted Restrictions on Use of Salary History in Setting New Offers, With More to Come
• Status of EEOC Proposed Rule Requiring EEO-1 Reporting of W-2 Earning and Hours Worked by Gender, Race and Ethnicity

Credits

Faculty

Margaret Keane

DLA Piper LLP (US)

• Employment law partner at DLA Piper LLP
• Experienced litigator and counselor, defended and advised employers on discrimination issues for more than twenty years
• Represented employers in class actions alleging systemic gender, national origin and race discrimination in hiring, training, promotion, compensation and discharge
• Defended employers against EEOC charges of pattern and practice discrimination in hiring, promotion and compensation
• Advised and represented federal contractors in OFCCP audits investigating claims of systemic discrimination in hiring and promotion practices
• Worked with employers to implement remedial measures including development of new tests and selection procedures
• Defended employers against discrimination claims at trial and in arbitration
• Extensive track record of using mediation to successfully resolve discrimination claims and achieve client objectives
• Advises employers on compliance with California Fair Pay Act, Title VII and addresses pay equity issues
• J.D. degree, University of Pennsylvania Law School; B.A. degree, Boston University