Philadelphia Salary History Ban: Judge Rules that Employers Can Ask About – But Not Use – Prior Salary History

On April 30, 2018, a federal district court issued a long-anticipated ruling on Philadelphia’s salary history ban. The ban, scheduled to take effect May 23, 2017, has two parts: (1) the “Inquiry Provision,” precluding employers from inquiring about a prospective hire’s wage history; and (2) the “Reliance Provision,” prohibiting employers from relying on the wage history of a new employee in determining the employee’s pay, unless the employee “knowingly and willingly disclosed his or her wage history to the employer.”

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Big Law Hit With A Gender, Pregnancy, And Maternity Discrimination Class Action

This week, three female associates at Morrison & Foerster (“MoFo”) filed a nine-count gender, pregnancy, and maternity (“sex-plus”) discrimination class and collective action against their employer in the Northern District of California. The putative class includes all female attorneys at MoFo and other national and California subclasses of female attorneys who have been or will be employed by MoFo and who have been or will be pregnant, have children, and/or take maternity leave.

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New Jersey Enacts Comprehensive Equal Pay Law – What Employers Need to Know

Governor Phil Murphy recently made good on his campaign promise to make equal pay a top priority in New Jersey. On April 24, 2018, Governor Murphy signed into law the Diane B. Allen Equal Pay Act (the “Act”), which amends the New Jersey Law Against Discrimination (“NJLAD”). The Act was passed by the New Jersey Legislature on March 27, 2018, and takes effect on July 1, 2018.

The Act is being heralded as one of the most expansive equal pay laws in the country, and impacts hiring practices, compensation practices, employee arbitration agreements and how HR must respond to employee demands for information regarding their co-workers’ compensation.
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Reliance on Salary History No Defense to Pay Disparity Under Equal Pay Act

Just in time for Equal Pay Day (April 10), in its en banc opinion in Rizo v. Yovino, Fresno County Superintendent of Schools, the Ninth Circuit held earlier this week that prior salary alone, or in combination with other factors, cannot justify a wage differential between male and female employees under the Equal Pay Act (“EPA”). In reaching this holding, the Ninth Circuit affirmed the district court’s denial of summary judgment to Fresno County and overruled a prior Ninth Circuit decision, Kouba v. Allstate Insurance Co., 691 F. 2d 873 (9th Cir. 1982). The court in Rizo also took a view of available EPA affirmative defenses which conflicts with the views held by other circuits and the EEOC.

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A New York Federal Court Takes A Novel Approach To Discretionary Employment Decisions In Partially Certifying A Financial Industry Gender Discrimination Class Action

On March 30, 2018, Judge Analisa Torres of the U.S. District Court for the Southern District of New York partially certified a class in Chen-Oster v. Goldman, Sachs & Co., a gender discrimination class action against Goldman, Sachs & Co. (“Goldman Sachs”). In so doing, Judge Torres not only departed from the Report and Recommendation of Magistrate Judge James C. Francis, but also extended beyond the U.S. Supreme Court’s reasoning in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011).

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Fair Pay Class Action Against Google Inc. Moves Ahead

Last week, a California state court in San Francisco ruled that a California Equal Pay Act class action against Google Inc. has survived the pleading stage. The California Equal Pay Act currently requires equal pay for employees who perform “substantially similar work” when viewed as a composite of skill, effort and responsibility. The 2016 amendment to the Equal Pay Act also prohibits employers from relying on the employee’s prior salary to justify a sex-based difference in salary. Plaintiffs allege in their amended complaint that Google relies on gender stereotypes and has a company-wide policy of relying on former salary history in setting pay and assigning jobs. These allegations were critical to the court’s decision to allow the case to proceed as a class action.

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