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Pay Equity Matters: Mind the Gap

Posts from May 2019.

An Oregon federal court judge just denied Nike’s motion to dismiss a class action on behalf of 500 or more of its current and former female employees alleging sex discrimination in pay. 

If a prominent candidate for the 2020 Democratic nomination for president has her way, federal pay equity law would be strengthened to add some real teeth—and the spoils of the increased financial penalties would fund a national leave policy. Senator Kamala Harris (D-CA) unveiled a plan on Monday that would require employers to receive affirmative certification from the EEOC that they are in compliance with federal pay equity law, or risk facing a fine equal to 1 percent of their profits for every 1 percent of the wage gap that exists between genders. The fines collected would then be invested in building universal paid family and medical leave. This is the boldest proposal taken to date by any presidential candidate vying for a shot at the White House in 2020, and may spur the current slate of candidates to begin a substantive conversation about pay equity on the national stage.

In light of the federal court’s recent decision in National Women's Law Center, et al., v. Office of Management and Budget, et al., the new due date for EEO-1 filers to submit pay/hours worked data (now known as “Component 2” data) for calendar years 2017 and 2018 is September 30, 2019. The details were discussed in our May 3 Legal Alert. This post is a part of a two-part series, covering when the EEO-1 is due, who is subject to the EEO-1 reporting requirements, and what happens if the EEO-1 report is not filed. A following post will get into the details of compiling and submitting pay data and best practices.

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