Encouraging Broader Use Of Equal Pay Act At 4th Circ.

By Michael Abcarian (February 7, 2018, 11:18 AM EST) -- Recently, the Fourth Circuit resurrected the claims of three female employees who worked for a public employer. It did so by reversing the trial court's grant of summary judgment to the employer, and requiring the company to resume defending itself in a lawsuit involving claims of gender-based pay discrimination. U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration (4th Cir., Jan. 5, 2018) In doing so, the appeals court sharpened its interpretation of the federal Equal Pay Act (EPA), and limited the manner in which an employer can escape EPA liability. When viewed against the backdrop of the #MeToo and Time's Up initiatives, this might ultimately signal an important point of decision in the law. So, what happened, where might this be headed and why? To answer these questions, let's set the stage with some brief history concerning federal prohibitions against gender-based pay discrimination in the workplace....

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