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Employment Law Alert

Ninth Circuit Opens Divide in Equal Pay Cases

The Equal Pay Act bars employers from paying men and women differently for the same work. The Act places the burden on plaintiffs to show they’re paid less because of their sex, and also allows employers four affirmative defenses: that the disputed pay policy is based on seniority, that it’s based on merit, that it   Continue Reading »

Full Seventh Circuit Reverses Course on Sexual Orientation Claims Under Title VII

In the case under appeal, the plaintiff, an adjunct professor, claimed that because she’s a lesbian her employer declined to either promote her to full-time employment or renew her part-time employment contract. She sought redress on the basis of the provision of Title VII that forbids an employer “to fail or refuse to hire[,] or   Continue Reading »

10th Circuit Refuses to Enforce EEOC Pattern and Practice Administrative Subpoena

The debate over the scope and breadth of Equal Employment Opportunity Commission (EEOC) administrative subpoenas continues throughout the federal court system with the Supreme Court expected to jump into the fray in either its 2017 or 2018 term. In the past, courts were hesitant to question the valid scope or breadth of an EEOC administrative   Continue Reading »

Third Circuit Joins the Fray - Holds That Class Actions are Not Available Where the Arbitration Agreement is Silent on the Issue

On January 30, 2017, a panel of Third Circuit Court of Appeals joined the Fifth, Sixth, Seventh, Eighth and Ninth Circuits in declaring that class actions are not available where the arbitration agreement is silent in that regard.  However, this disposition is not an opinion of the full court and does not constitute binding precedent   Continue Reading »

Johnson and Bell

Johnson and Bell