Showing 13 posts in Equal Pay Act.

Eighth Circuit: Business – Judgment Jury Instruction Is Inappropriate For Claim Under Equal Pay Act

June 7, 2012 by Hinshaw & Culbertson LLP

The Eighth Circuit has issued a decision which serves as a clear reminder to employees that the federal Equal Pay Act is a strict liability statute. Basically, this means that an employer may not be able to avoid liability by simply articulating a non-discriminatory reason for its actions, as it could in a Title VII discrimination claim. Rather, when a female employee shows that she was paid less than a male employee for the same work, the employer can avoid liability under the Act only by affirmatively proving that it had a justification for the disparity in pay.  More ›

Female Manager may Proceed with pay Disparity-Gender Discrimination Claim

March 15, 2012 by Linda K. Horras

The concept of equal pay for equal work seems simple to understand and apply. If Jan and Joe have similar education, skills, and experience, and perform similar work, it is reasonable to assume that their pay is also the same. Unfortunately, this is not always the case, even though the Equal Pay Act has been on the books for nearly 50 years. The Seventh Circuit recently dealt with this issue in King v. Acosta Sales & Marketing, Inc.. (11-3617, Mar. 13, 2012). Plaintiff, a sales manager, performed the same duties and responsibilities as her male peers and was highly successful—in fact, more successful than many of them, yet, her salary, both when she started and when she ended her job, was substantially lower than that of her male co-workers. The numbers were shocking disproportional, with the highest paid male sales managers often earning two to three times more than she made. More ›

Help us, Help you: EEOC asks for Input on Regulation Reforms

May 19, 2011 by Hinshaw & Culbertson LLP

In a piece of beauracractic master craftsmanship, the EEOC has asked for input on possible regulatory reform by soliciting "Public Comment on Plan for Retrospective Analysis of Significant Regulations." From what we can discern from the press release, the agency is taking a serious look at stream-lining and improving the regulations covering the enforcement of six employment nondiscrimination laws: More ›

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