Gender Pay & Pay Equity

Last month, we were honored to have Paul Polman, Chair of the International Chamber of Commerce, The B Team and Vice-Chair of the U.N. Global Compact and Former CEO of Unilever, speak at our Global Employer Forum 2019 in New York.

Paul makes the very strong point that we need to create an economic system

Once again, Baker McKenzie attorneys, industry thought leaders and key clients from around the world convened (this time in New York) to answer this essential question: What is the future of work? 

One consistent theme that permeated many of our discussions can be summed up as: Inclusion or Bust.

What does this mean?

It means that as global employers, we’re moving beyond a singular focus on diversity. As guest speaker Vernā Myers says,

Diversity is being invited to the party. Inclusion is being asked to dance.”

To truly reap the rich rewards of a diverse workplace, companies must invest generously and continuously in inclusion. Many senior business leaders predict that companies that don’t will be left behind and may actually cease to exist entirely in the not too distant future.


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On April 10, the EEOC released its charge filing statistics for Fiscal Year 2018, which ran from October 1, 2017 to September 30, 2018. These annually disclosed statistics reveal continued trends in the employment litigation space and provide an opportunity for employers to ensure their policies and practices address issues arising in the ever-changing modern workplace.

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Less than two weeks ago we reported that all employers with 100 or more workers in the US would have until September 30 to provide the EEOC with pay data (read more here).

Then, just days later, on May 3rd, the Justice Department appealed the two rulings resurrecting the Obama-era mandate. Ironically, the appeal

All employers with 100 or more workers in the US have until September 30 to provide the EEOC with pay data as part of the annual workforce data report known as the EEO-1.

On April 25, US District Judge Tanya Chutkan accepted the EEOC’s proposal (more here) to make employers submit their 2018 pay data this fall. She also ordered the EEOC to collect a second year of pay data, giving it a choice between collecting employers’ 2017 data or making it collect 2019 data down the road. Her ruling is expected to impact more than 60,000 employers.


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Last month, we reported that a federal court in Washington D.C. lifted the government’s stay of the revised EEO-1 form that requires companies to submit summary wage data by race/ethnicity and gender. Following the court’s order, uncertainty loomed concerning whether employers would need to include the additional data by the current EEO-1 Report deadline

Today is Equal Pay Day in the US. It marks the date women need to work into 2019 to earn what men were paid in the previous year. (And, in fact, this particular date does not take into account that women of color are often paid less than white women.)

Collecting, sharing, maintaining (and possibly publishing) diversity data (of any type but including gender pay) remains a significant undertaking for employers. And the complexity compounds for multinationals.

While we are still waiting to see if the EEOC will begin collecting aggregate pay data by gender (READ MORE HERE), many countries outside the US already do (e.g. the UK and Australia).

The global trend towards requiring transparency is not slowing. Just recently, France, Spain and soon Ireland have jumped aboard.


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Employers may be required to disclose aggregate pay data in their annual EEO-1 filings as early as May 31, 2019.

On March 4, 2019, a federal court in Washington D.C. lifted the Office of Management and Budget’s (OMB) stay of the revised EEO-1 form that requires companies to submit summary wage data by race/ethnicity and gender. While we expect there may be further challenges and/or delays to the implementation of the revised EEO-1 form, taking a conservative approach means that companies should plan as though they need to report pay data by the current May 31, 2019 deadline.


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Today is International Women’s Day. The day marks a call to action for accelerating gender parity.

In our global gender pay gap thought leadership series, we’ve highlighted the numerous ways governments around the world are taking actions aimed at closing the gap. In the US, the movement to prohibit the practice of inquiring about an applicant’s salary history continues to gain steam. Cities and states across the country have enacted legislation making it unlawful to inquire about prospective employees’ salary history. Proponents of salary history bans argue that using past compensation in future employment decisions perpetuates existing pay disparities among women and minorities.


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