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Ninth Circuit En Banc Ruling Deepens Rift Over Gender-Based Pay Gaps

The Ninth Circuit's recent en banc ruling that employers can't excuse sex-based pay gaps by pointing to workers' past salaries deepened a circuit split over the federal Equal Pay Act, a development that could push the issue up to the US Supreme Court. The majority's opinion puts the Ninth Circuit directly at odds with the Seventh Circuit amid a growing debate between workers' and employers' advocates over whether the common practice of basing salary offers on workers' past salaries perpetuates illegal pay disparities between men and women. Access the full article.

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Federal Appellate Court Finds That Title VII Bans Sexual Orientation Discrimination

On February 26, 2018, the US Court of Appeals for the Second Circuit (covering Connecticut, New York and Vermont) ruled that workplace discrimination on the basis sexual orientation violates Title VII of the Civil Rights Act of 1964 (Title VII). The language of Title VII does not expressly prohibit discrimination on the basis of sexual orientation. However, in 2015, the US Equal Employment Opportunity Commission (EEOC) took the position that Title VII prohibits sexual orientation discrimination under the purview of prohibited sex discrimination. In 2016, the EEOC began filing sexual orientation discrimination lawsuits enforcing that position. Circuit courts are divided on the question of whether claims of sexual orientation discrimination are viable under Title VII. In March of 2017, the Eleventh Circuit held that sexual orientation discrimination does not violate Title VII. The Seventh Circuit held the opposite the following month, and the Supreme Court...

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Seventh Circuit Continues to Apply Federal Successor Liability Doctrine to Multiemployer Pension Plan Withdrawal Liability

The U.S. Court of Appeals for the Seventh Circuit recently addressed the notice requirement of the federal successor liability doctrine where withdrawal from a multiemployer pension plan occurred after a sale of assets. Read the full article.

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