Developments In Equal Pay Litigation - 2022 Update

TABLE OF CONTENTS	iv
Equal Pay Legislation	1
A. The Federal Equal Pay Act And Title VII	1
B. State Equal Pay Legislation	1
C. Other State And Local Pay Equity Initiatives	2
Case Law Developments In 2021 And early 2022	5
A. Proving The Prima Facie Case	5
1. Establishing A Wage Disparity	5
2. Showing That Work Is “Equal” Or “Substantially Similar”	12
B. Significant Class And Collective Action Decisions	20
1. Recent Cases Involving Collective Action Certification	20
2. Recent Cases Involving Class Action Certification	26
C. Disproving Discrimination: Employers’ Affirmative Defenses	29
1. Proving A Factor Other Than Sex	29
2. Additional State Law Requirements To Establish The Factor Other Than Sex Defense	33
3. Potentially Discriminatory Factors Other Than Sex: Salary History And Beyond	34
4. Other Affirmative Defenses	40
5. Pretext	42
D. Other Important Substantive Decisions Impacting Equal Pay Litigation	46
1. Retaliation Claims	46
2. Arbitration Agreements	49
3. Proving An “Establishment”	53
4. Who Is An “Employer” Under The EPA?	55
5. Statute Of Limitations And Willfulness Issues	58
Developments In EEOC Enforcement Of Equal Pay Act Claims	59

Made with FlippingBook

RkJQdWJsaXNoZXIy OTkwMTQ4