29 U.S.C. § 206(d)

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In Durand et al v. Excelsior Care Group LLC et al, 2020 WL 7246437 (E.D.N.Y. Dec. 9, 2020), the court, inter alia, dismissed plaintiffs’ claims under the Equal Pay Act, 29 U.S.C. § 206(d). From the decision: After reviewing the SAC [Second Amended Complaint], the court concludes that plaintiffs failed to state an Equal Pay…

Read More Equal Pay Act Claim Dismissed; Mere Recitation of Statutory Language and Job Titles Insufficient
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In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged her disparate-pay discrimination claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and the New York State and City Human Rights Laws. After…

Read More Pay Discrimination Claims Sufficiently Alleged Against Charter Communications d/b/a Spectrum
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In Xanthakos v. City University of New York et al, 17-cv-9829, 2020 WL 5026930 (S.D.N.Y. August 24, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based pay discrimination claims under the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and the New York State…

Read More Gender-Based Pay Discrimination Claims Continue Against CUNY – Part One (Equal Pay Act)
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In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s federal Equal Pay Act (29 U.S.C. § 206(d)) and New York State Equal Pay Act (N.Y. Labor Law § 194) claims. The court explained: As a threshold matter, the parties’ submissions reveal fact…

Read More Federal and NY State Equal Pay Act Claims Survive Summary Judgment; Jury to Decide Equivalence of Work Functions
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In Miller v. City of New York, 18-1607-cv (2d Cir. May 28, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiffs’ class action lawsuit alleging violations of the Equal Pay Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiffs, who are predominantly female school crossing guards…

Read More 2d Circuit Affirms Dismissal of Sex Discrimination Case, Citing Differences of Jobs Held By Alleged Male Comparators
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In a recently-filed lawsuit, captioned Kelly Cahill et al v. Nike, Inc. (U.S. District Court for the District of Oregon, Index No. 18-cv-01477, filed August 9, 2018), the plaintiffs (individually and on behalf of others similarly situated) allege gender discrimination under the federal Equal Pay Act, 29 U.S.C. § 206(d) and related state laws (the…

Read More Just Sue It: Gender Discrimination Lawsuit Against Nike
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In Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018) (en banc), an en banc (i.e., full) panel of the U.S. Court of Appeals for the Ninth Circuit held that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the “catchall” exception of the…

Read More Ninth Circuit Holds that Salary History May Not Justify Gender Pay Differential Under the Equal Pay Act [Rizo v. Yovino]
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In MICHELLE TULINO, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants., 2018 WL 1568970, at *3 (S.D.N.Y., 2018), the court held that neither party was entitled to summary judgment on her Equal Pay Act (federal and New York State) claims. The court explained the elements of such claims: [A] plaintiff must demonstrate that…

Read More Equal Pay Act Claims Continue; Summary Judgment Inappropriate for Plaintiff and Defendant
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In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President…

Read More Gender Discrimination Lawsuit Against Point72 Asset Management, Steven Cohen
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In Eng v. City of New York, 17-1308, 2017 WL 5438877 (2d Cir. Nov. 14, 2017) (Summary Order), the court affirmed the dismissal of, inter alia,[1]The court also affirmed the dismissal of plaintiff’s claims under the Equal Pay Act and the New York City Human Rights Law. plaintiff’s employment discrimination claims under the New York State…

Read More NYS Human Rights Law Claims Fail Under Federal Pleading Standard
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