Pay Equity

As the momentum of global legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities continues to increase, our attorneys are ready to assist with pay equity issues. The members of Ogletree’s Pay Equity Practice Group advise clients on compensation policies and global pay equity compliance requirements, conduct pay equity audits, and defend employers in connection with pay equity claims—including in class action litigation—in various state, federal, and global jurisdictions.

Advice and Counseling

We regularly partner with and advise global clients in the following areas:

Proactive measures and best practices to prevent and defend against pay discrimination claims
Defensible compensation policies and procedures
Statistical analyses conducted with experienced labor economists and statisticians
Employment policies and practices that may impact pay, including hiring practices, job descriptions, compensation structure, and performance reviews
Internal complaints regarding pay equity issues
Pay transparency and job posting requirements
Aggregate data reporting obligations

Audits

We regularly work with clients to conduct privileged pay equity audits and analyses, using our identified internal and external experts or experts and consultants chosen by our clients. These audits are designed to proactively identify areas of risk and mitigation.

Data Analytics

Ogletree’s in-house data analytics team, which includes experienced statisticians and analysts, can prepare analyses that appropriately group similarly situated employees, identify trends and legal risk, and, if needed, include recommendations for corrective action. We build customized statistical analyses that evaluate pay strategies and report those results in an easily digestible format.

State-Specific Services

We offer state-specific services for employers operating in states with pay equity laws. For example, we help employers comply with California’s expansive Fair Pay Act, and we provide compliance assistance with the increasing number of pay equity, pay transparency, and pay data reporting laws in other states.

Global Compliance

We advise clients with employee headcount across multiple jurisdictions on compliance with mandatory gender pay gap and/or pay equity reporting requirements in each location.

Litigation Defense

Our attorneys represent clients in connection with U.S. EEOC and state agency charges alleging pay discrimination, defend clients in individual and class/collective actions alleging pay discrimination, and assist federal contractors and subcontractors in connection with audits conducted by the OFCCP.

Up-to-Date Notice of New Developments

The pay equity landscape is constantly changing as jurisdictions around the globe pass and implement new laws and regulations. We keep our clients informed about new laws, regulations, and court decisions through our timely publications, webinars, podcasts, and seminars.