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.

Continue Reading Salary History Bans Sweep The US, While Most Global Efforts To Close The Gap Target Transparency

Until death do you rule, and not a single day after.

In Rizo v. Yovino, the U.S. Supreme Court vacated a ruling interpreting the Equal Pay Act by the U.S. Ninth Circuit Court of Appeals because the Ninth Circuit improperly counted the vote of Judge Stephen Reinhardt, who died 11 days before the ruling was announced.

Continue Reading From Here (But Not) To Eternity – Supreme Court Vacates Ninth Circuit Equal Pay Decision Issued By Deceased Judge

The recent attention to the gender pay gap has exposed the extent to which women are underrepresented in senior and highly paid roles, but there is similar cause for concern in many parts of the globe in relation to underrepresentation of certain ethnic groups. While this issue is more complex in many regards, there is a clear business case for action.

Click here to read the article which discusses the complexity of the ethnicity pay gap and spotlights two jurisdictions: South Africa and the United Kingdom.

Many thanks to Johan BotesMonica Kurnatowska and Gemma Taylor for this article.

With thanks to Barbara Klementz for authoring this post.

Gender pay gap and pay equity are big discussion topics for companies around the world as more and more countries enact laws intended to close the gender pay gap and as case law develops involving discrimination claims related to pay equity. Beyond strictly legal obligations, many companies also face shareholder and employee pressure for increased transparency around diversity and gender pay.

Continue Reading Role Of Share-Based Compensation For Gender Pay Gap/Pay Equity

California just became the first state to require companies to put female directors on their boards.

“Given all the special privileges that corporations have enjoyed for so long, it’s high time corporate boards include the people who constitute more than half the ‘persons’ in America,” Governor Jerry Brown wrote in signing Senate Bill 826 into law on September 30. The legislation appears sparked by recent debates around sexual harassment, workplace culture and gender equality, and it comes less than one year after Brown signed the state’s salary history ban.

Continue Reading California Becomes First State To Mandate Female Board Of Directors

Since January 1, 2018, California law has prohibited employers from asking applicants about their salary history. Earlier this month, Governor Jerry Brown signed AB 2282 into law to clarify several aspects of the salary history ban.

Continue Reading California Clarifies Its Salary History Ban, Making It Easier For Employers To Comply

Originally published by Bloomberg Law.

Pay equity is a hot button issue for employers in the United States for a number of reasons—reputational concerns are triggered with increasing shareholder demands for transparency; activist investor groups are pushing companies, particularly in the financial services and technology industries, to disclose gender pay data; and, in the wake of pay equity in the news, employees are asking more questions about the issue.

Compounding the pressure, the gender pay gap also can impact talent acquisition. A recent Glassdoor survey found that 67% of US employees say they would not apply for jobs at employers where they believe a gender pay gap exists. The impact is magnified when looking at millennials. Approximately 80% of millennials, as noted in the Glassdoor survey, say they would not even apply for a job if they believed the company had a gender pay gap, which drives home the point that focusing on equality is, among other things, essential for a positive employer brand in the US market.

Click here to read on.

On June 20, our partners Bill Dugan and Meredith Kaufman presented to the New York City chapter of the ACC on Minding the (Gender Pay) Gap. Along with two in-house counsel panelists, Meredith and Bill discussed strategies for complying with equal pay protections under state and local laws and narrowing the pay gap.

One clear theme of the panel discussion was that pay equity cannot be viewed in a vacuum. As Meredith explained:

With equal pay protections expanding, it’s a critical time for clients to identify and rectify unjustified pay disparities between men and women. An effective remediation plan may include salary increases, but employers also need to address systemic bias and harassment to root out pay inequality.

Another takeaway was the importance of maintaining the attorney-client privilege when conducting pay audits. Bill noted:

We regularly undertake pay audits, including an in-house analysis of data, for our clients.  Conducting these audits under privilege allows us to identify potential exposure and advise on strategies to reduce legal risk, while protecting the analysis from disclosure as much as possible.

For more on how Baker McKenzie is assisting clients with their gender pay and pay equity compliance, please visit our Gender Pay Gap webpage.

Two recent events in the US vividly illustrate the growing centrality of gender pay equity issues. On one side of the ledger, in early April 2018, the US Court of Appeals for the Ninth Circuit, in Rizo v. Fresno County Office of Education, held that an employee’s prior salary—either alone or in a combination of factors—cannot be used to justify paying women less than men in comparable jobs. On the other side of the ledger, the US Department of Labor’s Office of Federal Contract Compliance Programs, on April 20, 2018, announced that it is upending standards implemented during President Obama’s administration designed to promote gender pay equity among federal contractors. Under this new policy, employers will be able to decide for themselves how their employees should be categorized and analyzed for purposes of fair pay investigations by the government.

These two US events are merely the latest examples of increased activity around the globe with regard to the issue of pay equity.  Click here to read more.

(Many thanks to George Avraam and Susan MacMillan for sharing this insight with us.)

Despite the longstanding nature of equal pay and pay equity legislation in Canada, on average, women still earn less than men. The Ontario Government and the Federal Government recently took steps aimed at improving women’s equality in the workforce and addressing the gender pay gap in these jurisdictions.

Click  here to download the full report, which includes helpful information on how employers can prepare for Ontario’s upcoming Pay Transparency Act.