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Adapting To Equal Pay Laws In Flux

Law360, New York (October 12, 2017, 11:26 AM EDT) -- Social awareness and shifts in the job market have resulted in aggressive attempts by lawmakers to close the pay gap between men and women. While the federal Equal Pay Act was enacted in 1963, recent legislative efforts are more far reaching and potentially disruptive.

New legislation may undo business practices that, even if benevolently motivated, result in disparate pay. They do so, in part, by shifting the focus from identifying discriminatory actors (disparate treatment) to undoing sex-neutral practices that create pay disparities (disparate impact). Despite this...
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