So, as you may or may not know, I periodically review the Equal Employment Opportunity Commission’s quarterly Digest of Equal Employment Opportunity Law for fun. (I know, I need a better hobby). Among the summaries of recent EEOC decisions and federal court opinions related to the federal workplace, a digest might also contain an in-depth article on a particularly hot area of interest to the EEOC. Although the articles are targeted towards federal agencies, as I’ve previously noted, they offer private employers a roadmap as to the EEOC’s thinking. And the most recent article is just chock full of interesting tidbits about pay discrimination – a topic of particular focus for the Biden administration. In fact, the article is so jam-packed, I’m going to break it up into a few different blog posts, starting off with this one, which covers the EEOC’s discussion of the  Equal Pay Act v. Title VII. I’ve boiled down the EEOC’s discussion into a more direct comparison of the differences.

Continue Reading The EEOC Speaks: Pay Discrimination – the EPA v. Title VII

And with that elegantly pointed statement, the U.S. Supreme Court vacated an opinion on the Equal Pay Act that had been issued by the en banc U.S. Court of Appeals for the Ninth Circuit (i.e. the entire group of judges on the Ninth Circuit bench). The opinion had been authored by Judge Stephen Reinhardt, who unexpectedly passed away on March 29, 2018. The opinion was not issued until April 9, 2018 – 11 days after his death.
Continue Reading “…federal judges are appointed for life, not for eternity.”

In the era of the #MeToo movement, it may be easy to overlook that equal pay is also having a moment. A huge moment. The federal Equal Pay Act (“EPA”) of 1963 requires “equal pay” for “equal work.” If the plaintiff shows a difference in pay for such work, the employer must prove the wage difference is due to a legitimate reason, which includes:
Continue Reading Is Equal Pay becoming the new #MeToo?