Bill that would ban companies from paying minority employees less than white workers for ‘substantially similar’ work is first of its kind in US
By Anita Chabria, The Guardian
A California lawmaker has introduced a bill to end wage discrimination based on race or ethnicity, building on a recent law that expanded rights for gender pay equity in the state.
Read the story here.
Showing posts with label wage discrimination. Show all posts
Showing posts with label wage discrimination. Show all posts
Monday, February 22, 2016
Monday, May 16, 2011
Hyundai Ideal Electric Company to Pay $188,000 to Settle EEOC Sex Bias and Retaliation Suit
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
5-12-11
Female Drafter Paid Less Than Male, Then Fired for Complaining, Federal Agency Charged
CLEVELAND — Hyundai Ideal Electric Company (HIEC), located in Mansfield, Ohio, will pay $188,000 to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that Tabatha Wagner, an experienced female drafter, was hired for a job preparing drawings and sketches for batteries and engines, but at a lower salary than that of a similarly situated male who was hired only months later. Upon learning of the disparity in wages, Ms. Wagner complained to HIEC’s then human resources manager, and was subsequently fired as retaliation, the EEOC said.
Wage discrimination and retaliation for complaining about it violate the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. The EEOC filed suit, No. 1:10-cv-1882, in U.S. District Court for the Northern District of Ohio, Eastern Division, after first attempting to reach a pre-litigation settlement.
In addition to the monetary relief, the two-year consent decree settling the suit provides for training for all human resources personnel and employees at its Mansfield, Ohio, facility and posting an anti-discrimination notice to all employees. The training will focus on complying with federal anti-discrimination laws, including but not limited to Title VII and the EPA, and preventing discrimination in pay and terms and conditions of employment as well as retaliation.
“The EEOC will not tolerate discriminatory pay practices,” said Debra Lawrence, regional attorney for the EEOC’s Philadelphia District. “To help build public awareness of this continuing problem, EEOC offices are holding Fair Pay Day events throughout the country.”
According to its web site (www.hyundaiideal.com), Hyundai Ideal Electric Co. is the market leader in medium power generators for gas, steam and hydro turbines, and diesel engines. The Mansfield facility is the company’s home office.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/5-12-11.cfm
PRESS RELEASE
5-12-11
Female Drafter Paid Less Than Male, Then Fired for Complaining, Federal Agency Charged
CLEVELAND — Hyundai Ideal Electric Company (HIEC), located in Mansfield, Ohio, will pay $188,000 to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that Tabatha Wagner, an experienced female drafter, was hired for a job preparing drawings and sketches for batteries and engines, but at a lower salary than that of a similarly situated male who was hired only months later. Upon learning of the disparity in wages, Ms. Wagner complained to HIEC’s then human resources manager, and was subsequently fired as retaliation, the EEOC said.
Wage discrimination and retaliation for complaining about it violate the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. The EEOC filed suit, No. 1:10-cv-1882, in U.S. District Court for the Northern District of Ohio, Eastern Division, after first attempting to reach a pre-litigation settlement.
In addition to the monetary relief, the two-year consent decree settling the suit provides for training for all human resources personnel and employees at its Mansfield, Ohio, facility and posting an anti-discrimination notice to all employees. The training will focus on complying with federal anti-discrimination laws, including but not limited to Title VII and the EPA, and preventing discrimination in pay and terms and conditions of employment as well as retaliation.
“The EEOC will not tolerate discriminatory pay practices,” said Debra Lawrence, regional attorney for the EEOC’s Philadelphia District. “To help build public awareness of this continuing problem, EEOC offices are holding Fair Pay Day events throughout the country.”
According to its web site (www.hyundaiideal.com), Hyundai Ideal Electric Co. is the market leader in medium power generators for gas, steam and hydro turbines, and diesel engines. The Mansfield facility is the company’s home office.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/5-12-11.cfm
Tuesday, April 19, 2011
Supreme Court hears oral arguments in largest sex discrimination case in US history
Lexology.com
Edwards Angell Palmer & Dodge
Windy Rosebush Catino and Barbara A. Lee
USA
March 30 2011
Wal-Mart, the largest retailer in the world (with 3,400 stores globally), has been accused of sex discrimination in its promotion and compensation policies by a group of female employees. The case, Dukes v. Wal-Mart Stores, was filed in 2001, and no ruling on the merits of the case have yet occurred. The litigation so far has centered on whether the courts will allow the plaintiffs to pursue the case as a class action. Should the Supreme Court side with the plaintiffs’ class action request, the case will involve between one and 1.5 million plaintiffs, the largest discrimination class action in US history.
Under the Federal Rules of Civil Procedure, plaintiffs who seek class action certification must satisfy four requirements: 1) a sizable number of plaintiffs (not a problem in this case); 2) common questions of law or fact; 3) similar or common claims or defenses by the class representatives; and 4) a representative plaintiff who will adequately protect the interests of all members of the class. The primary issue before the Court is the second prong of the test: whether Wal-Mart’s promotion and compensation policies are sufficiently similar or common across the company to meet the test of “commonality” under the Federal Rule. In order to satisfy this portion of the test, the plaintiffs must identify one or more corporate policies that result in pay and promotion decisions that, in this case, are less favorable to women than to men.
Full Story: http://www.lexology.com/library/detail.aspx?g=b6b5b024-26bc-4617-84f7-1580a4c7ee04&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-11&utm_term=
Edwards Angell Palmer & Dodge
Windy Rosebush Catino and Barbara A. Lee
USA
March 30 2011
Wal-Mart, the largest retailer in the world (with 3,400 stores globally), has been accused of sex discrimination in its promotion and compensation policies by a group of female employees. The case, Dukes v. Wal-Mart Stores, was filed in 2001, and no ruling on the merits of the case have yet occurred. The litigation so far has centered on whether the courts will allow the plaintiffs to pursue the case as a class action. Should the Supreme Court side with the plaintiffs’ class action request, the case will involve between one and 1.5 million plaintiffs, the largest discrimination class action in US history.
Under the Federal Rules of Civil Procedure, plaintiffs who seek class action certification must satisfy four requirements: 1) a sizable number of plaintiffs (not a problem in this case); 2) common questions of law or fact; 3) similar or common claims or defenses by the class representatives; and 4) a representative plaintiff who will adequately protect the interests of all members of the class. The primary issue before the Court is the second prong of the test: whether Wal-Mart’s promotion and compensation policies are sufficiently similar or common across the company to meet the test of “commonality” under the Federal Rule. In order to satisfy this portion of the test, the plaintiffs must identify one or more corporate policies that result in pay and promotion decisions that, in this case, are less favorable to women than to men.
Full Story: http://www.lexology.com/library/detail.aspx?g=b6b5b024-26bc-4617-84f7-1580a4c7ee04&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-11&utm_term=
Monday, October 20, 2008
GAO Issues Report On EEOC and OFCCP Pay Discrimination Enforcement
On August 11, 2008, the Government Accountability Office (GAO) issued a report critical of the enforcement of pay discrimination laws by the Equal Employment Opportunity Commission (EEOC) and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). The report entitled, "Women's Earnings: Federal Agencies Should Better Monitor Their Performance in Enforcing Anti-Discrimination Laws," analyzed the equal employment opportunity laws enforced by the EEOC and OFCCP that are intended to prohibit discrimination on the basis of compensation, among other prohibited bases. Noting that in 2000, the gender wage gap was 80 percent, and that a portion of that gap was due to discrimination, GAO examined "(1) how EEOC enforces laws addressing gender pay disparities among private sector employers and provides outreach and what is known about its performance, and (2) how Labor enforces laws addressing gender pay disparities among federal contractors and provides outreach and what is known about its performance." http://www.gao.gov/products/GAO-08-799
As for EEOC, GAO concluded: "EEOC does not monitor gender pay enforcement efforts under another statute that covers multiple discrimination topics and under which more than half of gender pay charges are filed. As a result, EEOC does not make complete use of available information to help identify trends related to gender pay cases, set agency priorities, or understand how its gender pay enforcement efforts are contributing to overall performance goals relative to other efforts." Similarly, regarding OFCCP, the GAO made the following observations, among others: "[R]egulations require contractors to conduct a self-evaluation of their compensation systems to identify and address gender pay disparities. However, OFCCP's guidance on this is found in different source documents that are not cross-referenced, and its data system lacks a unique code to help the agency easily determine the extent to which contractors are complying with the self-evaluation requirement."
The GAO's recommendations are as follows:
Recommendations for Executive Action
Recommendation: To gauge how well EEOC is carrying out its responsibilities regarding gender pay discrimination, the Chair of the EEOC should devise a cost-effective method to improve its ability to monitor the performance of its gender pay enforcement efforts relative to other areas, using information already captured in its databases and supplementing information already reported.Agency Affected: Equal Employment Opportunity Commission Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to evaluate the Westat mathematical model and incorporate lessons learned from the prior model to ensure contractors are appropriately being selected for compliance evaluations and to maximize limited enforcement resources.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to improve oversight of compliance evaluations for contractors by establishing linkages between relevant and current guidance on conducting compensation self-evaluations and devising a unique violation code to document any non-compliance with the compensation self evaluation requirement.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to ensure the planned new data system incorporates standardized data entry instructions and adequate internal controls to screen for erroneous, inconsistent, or missing data, and ensures violation codes are correctly entered.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to develop a cost-effective means for monitoring performance of gender pay enforcement efforts relative to other areas, using information generally already captured in existing databases, once determined reliable.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to devise a method for systematically collecting feedback from recipients of outreach and technical assistance and using this information to measure and monitor outreach performance.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
To read the entire report, go to: http://www.gao.gov/new.items/d08799.pdf
As for EEOC, GAO concluded: "EEOC does not monitor gender pay enforcement efforts under another statute that covers multiple discrimination topics and under which more than half of gender pay charges are filed. As a result, EEOC does not make complete use of available information to help identify trends related to gender pay cases, set agency priorities, or understand how its gender pay enforcement efforts are contributing to overall performance goals relative to other efforts." Similarly, regarding OFCCP, the GAO made the following observations, among others: "[R]egulations require contractors to conduct a self-evaluation of their compensation systems to identify and address gender pay disparities. However, OFCCP's guidance on this is found in different source documents that are not cross-referenced, and its data system lacks a unique code to help the agency easily determine the extent to which contractors are complying with the self-evaluation requirement."
The GAO's recommendations are as follows:
Recommendations for Executive Action
Recommendation: To gauge how well EEOC is carrying out its responsibilities regarding gender pay discrimination, the Chair of the EEOC should devise a cost-effective method to improve its ability to monitor the performance of its gender pay enforcement efforts relative to other areas, using information already captured in its databases and supplementing information already reported.Agency Affected: Equal Employment Opportunity Commission Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to evaluate the Westat mathematical model and incorporate lessons learned from the prior model to ensure contractors are appropriately being selected for compliance evaluations and to maximize limited enforcement resources.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to improve oversight of compliance evaluations for contractors by establishing linkages between relevant and current guidance on conducting compensation self-evaluations and devising a unique violation code to document any non-compliance with the compensation self evaluation requirement.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to ensure the planned new data system incorporates standardized data entry instructions and adequate internal controls to screen for erroneous, inconsistent, or missing data, and ensures violation codes are correctly entered.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to develop a cost-effective means for monitoring performance of gender pay enforcement efforts relative to other areas, using information generally already captured in existing databases, once determined reliable.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To strengthen OFCCP's enforcement and outreach efforts and gauge the performance of those efforts, the Secretary of Labor should direct the Director of OFCCP to devise a method for systematically collecting feedback from recipients of outreach and technical assistance and using this information to measure and monitor outreach performance.Agency Affected: Department of Labor Status: In process Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
To read the entire report, go to: http://www.gao.gov/new.items/d08799.pdf
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