SEC Merit Pay Statistically Biased: Arbitrator

Law360, New York (September 7, 2007, 12:00 AM EDT) -- The U.S. Securities and Exchange Commission's performance-based pay system has meant fewer and smaller raises for black and aging employees but hasn't entailed discrimination against union activists, according to an arbitrator.

In handing down his decision Tuesday, the arbitrator sided with pay increase statistics invoked by the National Treasury Employees Union, which brought the case back in 2004, just as it rejected the claim that the SEC had discriminated against its members and activists.

The disparity between white and black employees' salaries was most significant among...
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