Defense of wage discrimination claims for the present and beyond

January 20, 2013 0 COMMENTS

by Jason R. Mau

Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to gain support in the Senate and was reintroduced in both houses of Congress in the spring of 2011. In June 2012, the bill again failed to gain the necessary support in the Senate.

The reintroduced legislation included provisions that would have enhanced employers’ burden of proof when defending against EPA claims. Those provisions are in addition to proposed amendments to the Fair Labor Standards Act (FLSA) that would allow for enhanced penalties, protection from retaliation for initiating an investigation or discussion of employee wages, programs for negotiation skills training, collection of pay information for research, and establishment of a national award for pay equity in the workplace. read more…