Employment Law Alerts

The Change in the Equal Pay Landscape and its Impact on Employers

On December 6, 2019, the Second Circuit held that an employee does not have to show that she received less pay for equal work in order to prevail in an unequal pay claim. Instead, she only has to prove that the employer discriminated against her because of her gender. She does not have to prove that a member of the opposite sex held an equal but higher paying job. Essentially, employees do not ...

EEO-1 Component 2 Data Collection Reinstated, Again

In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOC’s self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of the District of Columbia.  The Court ordered that the EEOC continue to collect pay data. As a refresher, covered employers were required to provide pay data for 2017 and 2018 broken down by job ...

EEO-1 Report Update - Component 2 Data Filing Deadline Quickly Approaching

Earlier this year the EEOC announced it would reinstate the collection of EEO-1 Component 2 data, thus requiring employers to submit pay data broken own by job category, sex, race, and ethnicity. The deadline for employers to submit Component 2 data for 2017 and 2018 remains September 30, 2019. The Component 2 EEO-1 Pay Data online filing system is available on the EEOC's website along with a ...

Dramatic Changes to New York's Harassment Prevention Law

It is now much easier for employees in New York to assert claims of workplace harassment. In the past, in order to bring a claim of workplace harassment in New York, employees were required to demonstrate that the alleged harassment was either severe or pervasive. Employees no longer have to satisfy that burden. In addition, New York's new statute allows a prevailing plaintiff to recover punitive ...

Update on Requirement to Report EEO-1 Wage and Hour Data

As previously reported in our Alert published on March 7, 2019, a federal judge has ordered the EEOC to provide guidance regarding the collection of wage and hour data ("Component 2 data").  On April 4, the EEOC submitted a filing to the court saying it would have to engage a third-party contractor, at a cost of over $3 million, in order to process the Component 2 data. Even though the judge has ...

EEO-1 Pay Data Collection Requirement Reinstated - OMB's Stay Vacated

 In September 2016, the Equal Employment Opportunity Commission ("EEOC") expanded its collection efforts to include summary W-2 pay data and total hours worked by race, ethnicity, and gender from employers that already file the EEO-1 report (e.g., private employers with over 100 employees and federal contractors with more than 50 employees). This initiative was intended to help close the pay gap ...

New York State's New Employment Discrimination Law: GENDA

  On February 24, 2019, New York state's Gender Expression Non-Discrimination Act ("GENDA") went into effect.  GENDA prohibits all employers with four or more employees from discriminating against workers on the basis of their actual or perceived gender identity, gender expression, or their transgender status.   Gender identity or expression is defined as having gender identity, self image, ...