Pay Equity Under Heightened EEOC and OFCCP Scrutiny

Minimizing Exposure to Government Enforcement and Employee Lawsuits for Wage Discrimination

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, June 18, 2013

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for employers' counsel on avoiding being targeted for pay equity violation investigations by the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The panel will also discuss current legal trends and steps employers should take to minimize private wage discrimination lawsuits.

Description

The EEOC and the OFCCP are actively pursuing gender-based pay equity as a top enforcement priority. Private suits alleging wage discrimination under the Equal Pay Act (EPA) are also on the rise.

The EPA contains a number of ambiguous terms, raising several questions and legal grey areas for employment attorneys. Central to most EPA cases is whether employees are performing equal work and what it means for employees' work to be considered substantially equal.

In light of the heightened scrutiny in this area, employers and their counsel should immediately audit their compensation policies and practices to determine whether disparities exist that may be discriminatory and make any necessary corrections.

Listen as our authoritative panel of employment attorneys examines the current legal landscape related to pay equity enforcement and recommends steps for employers' counsel to guide clients and companies in avoiding liability for past and future compensation decisions.

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Outline

  1. Recent legal developments
    1. EEOC enforcement
    2. OFCCP enforcement
    3. Case law developments
  2. Best practices to minimize liability
    1. Audit compensation systems and practices for disparities in pay
    2. Ensure that all future compensation analyses with counsel are privileged
    3. Eliminate systems that have discriminatory effect
    4. Document bases for past decisions and develop objective criteria for future decisions
    5. Revise record retention policies and practices
    6. Train supervisors and managers

Benefits

The panel will review these and other key questions:

  • How are the EEOC and OFCCP addressing growing concerns regarding pay disparity?
  • What actions should employers and their counsel take immediately to reduce exposure to enforcement actions and litigation?
  • How are courts addressing what it means to be substantially equal under the EPA?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Alison B. Marshall
Alison B. Marshall
Partner
Jones Day

Ms. Marshall is an active litigator who has extensive experience handling complex employment litigation matters...  |  Read More

Dr. Donald R. Deere
Dr. Donald R. Deere
Senior Economist
Welch Consulting

His work has included statistics and economic analysis in cases involving claims of discrimination in employment,...  |  Read More

Katharine Kores
Katharine Kores
District Director
Equal Employment Opportunity Commission

She is in charge of enforcement of the major laws against employment discrimination in the states of Tennessee,...  |  Read More

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