By: Matthew J. Gagnon

Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those changes garnered plenty of press and speculation from commentators, the courts themselves have been rather slow to

Continue Reading Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay Statutes

By: Yoon-Woo Nam, Alexandra R. Hassell, and Christopher DeGroff

Seyfarth Synopsis: The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially more potential claimants and filed a great number of merits lawsuits in 2023. It also

Continue Reading EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

By: Matthew J. Gagnon

We are pleased to announce the publication of the latest edition of Developments in Equal Pay Litigation, available as an eBook here. This report contains our annual analysis of trends and developments in the relentlessly dynamic body of law that is the equal pay litigation and legislation landscape. It was released along with Seyfarth’s

Continue Reading Now Available: 2024 Edition of Developments In Equal Pay Litigation

Author: Seyfarth Shaw LLP

Each year, our team at Seyfarth analyzes every EEOC case filing—as well as EEOC-related legal decisions from around the country—to compile the definitive A-Z desk reference for “everything EEOC.” As we turn the page into 2024, we are pleased to announce the publication of Seyfarth Shaw’s 2024 Edition of its EEOC-Initiated Litigation Report.

This year’s

Continue Reading Seyfarth’s 2024 EEOC-Initiated Litigation Report Explains the Driving Forces Behind the Surge in EEOC Filings

By: Christine M. CostantinoTaylor Iaculla, and Andrew Scroggins

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in

Continue Reading Justices Mull Fundamental Change To Proving Claims Of Discrimination During Oral Argument On Muldrow v. City of St. Louis

By: Matthew J. Gagnon

Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs and commentators. This was

Continue Reading Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

By: Rachel V. See and Andrew L. Scroggins

Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by directing and advocating for EEOC’s litigators, both internally and externally. An accomplished disability-rights litigator, Gilbride

Continue Reading Senate Confirms New EEOC General Counsel As New Case Filings Climb

By: Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its

Continue Reading Behind the EEOC Curtain:  EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By: Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins

Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies

Continue Reading EEOC and DOL Join Forces – What the Alliance Means for Employers

By: Christopher DeGroff, James Nasiri, and Rachel See

Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives over the coming years, and also sets forth various performance metrics under which its activities will be measured. Particularly

Continue Reading EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes