To help highlight the breadth of consideration Equal Pay issues ought to receive, by plaintiffs and defendants, I found an article by Allen Smith, J.D. which I believe encapsulates the gravamen of Equal Pay litigation. “Tougher State Laws Increase Scrutiny on Pay Equity“:
- dissects Federal vs. State claim considerations,
- points out potential damage exposure by a lack of diversity and inclusion,
- illuminates what those factors, sometimes subtly, convey in terms of evidence, and personnel attraction and retention, and
- a variety of employment practice areas that ought to be part of the analysis
Consider some of the insight the author/article shares:
- “Don’t look at pay equity in isolation…. [A] pay equity study should look at applications, hires, promotions and terminations….”
- “An employer may have equitable recruiting and hiring, but also have high turnover and not be a good place to work at as a woman, for example.”
- “The central question that is being litigated more often these days is whether an employer has done a study on whether such [pay disparity] factors truly are job-related and consistent with business necessity.”
Another matter to think about is how to address the inequity. A challenge to pay parity could be harmful to one financially and professionally. It may bring scrutiny to someone or a business that exceeds expectations and could lead to unintended consequences.
I can help. By engaging in an organizational mediation (or mediation within the workplace), parties can prudently address their concerns as quickly, confidentially and creatively as possible. The sooner the better. Having mediated many hundreds of workplace conflicts in their early stages, I can say that time is not on either party’s side. Left alone, the issues can:
- permeate the workforce,
- affect morale and relationships,
- give rise to other claims, or
- at the very least, draw on limited reserves in the course of confronting, analyzing and/or correcting possible liabilities.
Remedies that may only be available early on can also be lost.
If you have any matters pending now, developing, or with potential for dispute, please call or write me. I may be available on short notice. I am available to consult and mediate, as well as present, in-house, publicly and on professional associations panels. Recommendations to colleagues are also most welcome. I am confident our time will be productive.
I look forward to hearing from you.