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Pay Equity Audits: What to Do Right Now to Correct Disparate Compensation Practices to Minimize Legal Risks - On-Demand

Pay Equity Audits: What to Do Right Now to Correct Disparate Compensation Practices to Minimize Legal Risks - On-Demand

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Pay Equity Audits: What to Do Right Now to Correct Disparate Compensation Practices to Minimize Legal Risks - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to conduct pay audits to identify and to correct unfair compensation practices, which can help to minimize the risk of costly lawsuits, jury verdicts, and settlements linked to your employee compensation system.

The Equal Employment Opportunity Commission (EEOC) has settled a pay equity case against the University of Denver for $2.66 million. The EEOC claimed that the university had violated the Equal Pay Act and Title VII of the Civil Rights Act by paying female professors close to $20,000 less annually than male professors for substantially similar work under comparable working conditions.

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is equally as focused on pay equity. On May 14 OFCCP announced a $2.9 million settlement with Dell EMC to resolve allegations of systemic pay discrimination pursuant to Executive Order 11246 against females and African Americans in engineering, marketing, manufacturing and sales roles at multiple locations. These cases illustrate the massive exposure to financial liability organizations face for unfair pay practices. And, for other reasons, right now pay equity is a hot-button issue that requires close attention.

There is also a growing patchwork of state laws that employers must navigate. More than 40 states have already enacted legislation impacting employers’ compliance obligations concerning pay equity. Examples of the newest laws include:

  • New Jersey’s Diane B. Allen Equal Pay Act, in effect July 1, 2018, provides discrimination victims with more time to file claims for back wages and the potential for recovering triple damages if an employer is found liable for equal pay violations.

  • Massachusetts’s “An Act to Establish Pay Equity” in effect July 1, 2018, is a stringent law that imposes on employers based or operating in the Bay State rigorous equal pay obligations and requirements that organizations refrain from certain pay-related conduct. 

With the push for pay equity garnering steam nationwide now is the time to evaluate your organization’s pay practices to ensure they are fair and in compliance with Title VII, the Equal Pay Act and Executive Order 11246, and the expanding number of state laws.

View this on-demand webinar featuring two Washington, D.C.-based insiders with the law firm of FortneyScott who will highlight the key considerations for conducting a comprehensive pay audit.

You’ll learn:

  • The types of factors courts consider when comparing jobs for purposes of pay rates
  • What “substantially equal” means under the Equal Pay Act, including when jobs too dissimilar to compare
  • The patchwork of state laws and what organizations operating in those states should do right now to determine their legal risks and compliance obligations
  • Essential steps in conducting a comprehensive audit of your current pay practices to identify and correct gender-based disparities
  • And more!

About Your Presenters:

H. Juanita (Nita) Beecher, Esq.H. Juanita (Nita) Beecher, Esq.

Nita Beecher is a nationally recognized expert on Office of Federal Contract Compliance Programs (OFCCP) and U.S. Equal Employment Opportunity Commission (EEOC) matters. She is Counsel to Fortney & Scott, LLC with a focus on OFCCP regulatory affairs. Ms. Beecher's primary focus is labor and employment law with substantial experience with class investigations by the EEOC and OFCCP. She has more than 30 years of experience in labor and employment law particularly with class investigations by the OFCCP and the EEOC.

From 2000 to 2015, she led networks of senior diversity, EEO and affirmative action corporate practitioners as well as senior in-house labor and employment lawyers.

Ms. Beecher served as an in-house counsel in major corporations for more than 20 years where she advised in-house clients on labor and employment law issues including, among other matters, OFCCP "Glass Ceiling" audits, EEOC class age investigations, implementation of the ADA, and FLSA Wage and Hour audits, and developed a self-audit tool for McDonnell Douglas Corporation and The Boeing Company. Ms. Beecher also worked as in-house counsel for E. I. duPont de Nemours & Co., Consolidation Coal Company and Arch Coal Company.

In 2011 Ms. Beecher was selected by the National Research Council of the National Academies to participate in the Expert Study on Measuring and Collecting Pay Information from U.S. Employers by Gender, Race, and National Origin. Requested by the EEOC, the report by the panel was issued in 2012.

Ms. Beecher has been a regular speaker at the ILG National Conference since 2004 and she moderated the opening panel for the 2015 conference in New York City.

Consuela Pinto, Esq.Consuela Pinto, Esq.

Consuela A. Pinto is a Shareholder at FortneyScott where she advises clients on the full range of equal employment opportunity laws with a particular focus on compliance with workplace laws and regulations, federal government investigations, pattern and practice systemic claims, and compliance with federal contractors' affirmative action and non-discrimination obligations. Her extensive experience and expertise in the employment field is the result of practicing in both the private and government sectors for more than 20 years.

Most recently, Ms. Pinto was a senior attorney at the U.S. Department of Labor in the National Office of the Solicitor where she was the Deputy Associate Solicitor in the Civil Rights and Labor Management Division. In her position at the Labor Department, Ms. Pinto advised DOL agencies on a wide range of regulatory, policy, and enforcement issues impacting a cross-section of workers, and Ms. Pinto also had significant managerial responsibilities. One of her key practice areas at DOL was advising the Office of Federal Contract Compliance Programs and the Office of the Solicitor on enforcement matters related to federal contractors' equal employment opportunity obligations.

Prior to joining the Department of Labor, Ms. Pinto served as Senior Counsel at the Center for WorkLife Law, where she was responsible for educating employers and their attorneys on the developing law of Family Responsibilities Discrimination. Ms. Pinto also has significant private practice experience. She represented employers on a nationwide basis in compliance reviews before the Office of Federal Contract Compliance Programs as well as the full range of employment matters in federal and state courts and before federal and state agencies.

Ms. Pinto is a past President of the Women’s Bar Association of the District of Columbia, a trained mediator, and author of a number of articles and blog postings related to family responsibilities discrimination, general EEO issues, and OFCCP compliance matters.

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