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EEOC Prevails in Age Discrimination Case Against Darden Restaurants

November 11, 2015

The case is EEOC v. Darden, decided on November 9, 2015 by Judge Joan A. Lenard of the Southern District of Florida [2015 U.S. Dist. Lexis 1498970]. The defense issued a motion to dismiss, which Judge Lenard denied. Judge Lenard also ordered Darden...

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Workplace Advancement Act – Redundant to the Equal Pay Act?

November 09, 2015

On October 22, 2015, Senior Senator Deb Fischer (R-Nebraska) introduced S.2200, the Workplace Advancement Act, in the United States Senate. The stated purpose of the bill is to amend the Fair Labor Standards Act of 1938 to strengthen equal pay...

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Female Fails to Prove Wage Discrimination Based on Prior Salary

November 05, 2015

The case is Muriel v. SCI Arizona Funeral Services decided October 30, 2014 by District Court Judge Douglas L. Rayes of the District Court of Arizona (2015 U.S. Lexis 147510). The case is not important so much for the outcome, which was summary...

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Governor Jerry Brown Signs the California Fair Pay Act (CFPA) Into Law

November 03, 2015

The CFPA was signed into law on October 6, 2015 and may be read in its entirety here. It is a relatively short statute and an easy read. The CFPA is an amendment to a prior statute written in 1949 and has many of the key features of the Federal...

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Dissecting the CFPA

November 02, 2015

In another blog, Art Gutman provides an overview of the California Fair Pay Act (CFPA). The CFPA prohibits California employers from paying employees differently due to sex. This is not new, given existing law; however, some of the specifics...

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California Fair Pay Act – Validating Factors Used in Compensation

November 02, 2015

The new California Fair Pay Act (CFPA) is summarized in depth in a previous blog in this series. The CFPA includes strict stipulations for employing “[a] bona fide factor other than sex, such as education, training, or experience” to explain wage...

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The California Fair Pay Act: Does $0 Really Mean $0?

November 02, 2015

Prior to the recently enacted California Fair Pay Act (CFPA), federal and state laws and regulations allowed employers to justify sex differences in salaries by using statistical methodologies to control for legitimate pay factors such as education,...

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California Fair Pay Act: A Letter of Clarification?

November 02, 2015

As discussed in this blog series, the California Fair Pay Act (CFPA) was recently signed into law and provides for bona fide factors other than sex to explain wage differentials.  Separate from the final law, it should be noted that a letter from...

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OFCCP Releases Final “Discrimination on the Basis of Sex” Regulations to OMB for Review and Approval

October 30, 2015

On October 29th, 2015 OFCCP sent its final Discrimination on the Basis of Sex regulations to OMB’s Office Information and Regulatory Affairs (OIRA) for review and approval.  (Note: This does not mean that they are final. All this means is that OFCCP...

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OFCCP Expands Definition of “Protected Veteran”

October 19, 2015

In 2013, when the VEVRAA implementing regulations were revised, many contractors were confused by the “active duty wartime or campaign badge” category. The regulations define an “active duty wartime or campaign badge veteran” as a veteran who served...

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Minuscule Shortfalls: When Statistical Significance Alone Falls Short

October 13, 2015

We have written several blogs (e.g., regarding the recent Apsley v. Boeing case) discussing the influence of sample size on the likelihood of observing statistically significant indicators in adverse impact analyses. As covered in those blogs, the...

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Fiscal Year End OFCCP Trends

October 12, 2015

In previous years, DCI has noted that the end of the Federal government’s fiscal year tends to also be a busy time for OFCCP settlements. In our 2014 blog, we identified six settlements with press releases in the month of September alone. It is...

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