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What level of detail is required in a Sarbanes-Oxley complaint?

  What level of detail is required in a Sarbanes-Oxley retaliation complaint filed at OSHA? A SOX complaint filed at OSHA need not plead every … Continued

Will I get a reward for reporting fraud being committed by my employer?

  Whistleblower rewards programs at federal agencies authorize the payment of awards to corporate whistleblowers, including the whistleblower reward programs at the SEC, IRS, CFTC, and … Continued

SEC Whistleblower Attorneys

The SEC whistleblower attorneys at Zuckerman Law, one of the nation’s leading law firms representing whistleblowers in whistleblower rewards and whistleblower retaliation claims, routinely work with whistleblowers worldwide to investigate and disclose a wide variety of fraudulent schemes. Under the SEC’s whistleblower program, individuals are eligible to receive an award if they:

(1) report a violation to the SEC (whistleblower can report anonymously if represented by counsel); and

(2) the information leads to a successful enforcement action with total civil penalties in excess of $1 million.

The whistleblower will be eligible to receive an award of between 10-30 percent of the total penalties imposed.

Since the inception of the SEC Whistleblower Program, the SEC has received more than 52,400 whistleblower tips and awarded approximately $1.1 billion to 226 individuals, including awards paid to our clients.

During FY 2021, the SEC awarded approximately $564 million to 108 individuals —both the largest dollar amount and the largest number of individuals awarded in a single fiscal year. The two largest SEC whistleblower awards in the program’s history were paid in FY 2021 — a $114 million award to one whistleblower in October 2020 and a $110 million award to another in September 2021.

Click on our guide to the SEC Whistleblower Program to see some of our tips for SEC whistleblowers.

Securities Violations That Qualify for an SEC Award 

Any violation of federal securities laws qualifies for an award under the SEC Whistleblower Program. The SEC has broad jurisdiction over both public and private entities. The most common tips that the SEC receives involve violations in public filings, investment violations, and insider trading tips. However, other notable areas of SEC enforcement include things such a foreign bribery, EB-5 fraud, and even auditor independence violations.

• Accounting fraud;
• Inadequate internal controls;
• Investment company fraud;
• Insider trading;
• EB-5 investment fraud;
• Foreign bribery payments and other violations of the Foreign Corrupt Practices Act;
• Market manipulation schemes;
• Unregistered broker-dealers;
• Investment adviser fraud;
• Offering fraud and Ponzi schemes;
• Deceptive non-GAAP financial measures; and
• Violations of auditor independence rules.

Since 2011, the SEC Whistleblower Office has received over 18,00 tips, some of which led to enforcement actions resulting in a total of over $584 million in sanctions (including more than $346 million in disgorgement and interest).

Contact the SEC Whistleblower Attorneys at Zuckerman Law 

If you are seeking representation in an SEC whistleblower case, click here, or call us at 202-262-8959 to schedule a free, confidential consultation.  U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.

Click here to read reviews from clients that we have represented in whistleblower rewards and whistleblower retaliation matters.

Qualifying for an SEC Whistleblower Award

Process to Obtain an SEC Whistleblower Award

Have you witnessed corporate misconduct involving commodities or security fraud, tax underpayment, fraud on the government, or other corporate fraud? Did you know you could be entitled to a reward and legal protection for reporting fraud?

Congress has enacted several laws that provide financial incentives to whistleblowers and protect whistleblowers from retaliation. Under these laws, whistleblowers have helped our government recover more than 30 billion dollars and have enabled regulators and prosecutors to halt ongoing fraud. Now, you can do the right thing and potential obtain a substantial award, and you can report fraud anonymously through an attorney in many cases.

Under the Securities and Exchange Commission and Commodity Futures Trading Commission whistleblower programs, you can receive a reward up to 30 percent for tips leading to monetary sanctions in excess of 1 million dollars. If the IRS uses the whistleblower’s information to collect more than 2 million dollars in owed taxes, the whistleblower may receive a reward of up to 30 percent of the collected proceeds.

If you’re thinking about blowing the whistle, it is critical to hire an experienced attorney to maximum your ability to obtain a whistleblower reward and to protect you from retaliation. The whistleblower attorneys at Zuckerman Law in Washington, D.C. represent corporate whistleblowers nationwide and work diligently to obtain the maximum recoveries for their clients in both whistleblower reward and whistleblower protection claims. The attorneys at Zuckerman Law have been representing whistleblowers before the SEC and Department of Justice for more than a decade concerning a wide variety of complex fraud schemes, including market manipulation, financial statement fraud, and contractor fraud. Zuckerman Law also represents whistleblowers in retaliation claims, including claims under the Sarbanes Oxley Act.

Don’t live in fear. Do the right thing. Call the whistleblower lawyers at Zuckerman Law today at 202-262-8959 or go to our website, www.zuckermanlaw.com, to learn more about whistleblower rights and protections. At Zuckerman Law, we work to protect you and get you the reward you deserve.

Whistleblower Attorney Interviewed by National Law Journal About Labor Secretary Nominee

A National Law Journal article titled What Should the Senate #AskPuzder? Labor Lawyers Have Questions summarizes interviews with employment lawyers across the country about what senators should … Continued

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Download our free Sexual Harassment Survival Guide for Employees

Suffered Sex Harassment? Call us today for a free confidential consultation 202-769-1681

Sexual harassment remains far too prevalent:

• According to a recent EEOC report, approximately 40% of women have experienced one or more specific sexually-based behaviors in the workplace, such as unwanted sexual attention or sexual coercion.
• A 2018 Pew Research Center study found that about one-in-five women in science, technology, engineering and math (STEM) and non-STEM jobs say they have experienced sexual harassment at work.
• A 2018 Ispos survey found that  60% of women in the United States say they have experienced sexual harassment in their adult lives.

Our experienced litigators are determined to eradicate sexual harassment in the workplace and obtain the maximum damages for victims of sexual harassment.

There are strong legal remedies to combat harassment.  Indeed, a jury recently awarded $13 million to a single plaintiff in a sexual harassment/hostile work environment case.

Top-Rated Workplace Sexual Harassment Attorneys Maryland Washington DC Virginia

Zuckerman Law is committed to recovering the maximum damages available for victims of harassment and holding the perpetrators accountable.  The experienced, trial-tested attorneys at Zuckerman Law are ready to fight for you and hold perpetrators of harassment accountable.  

To learn more about your rights, download our free ebook Sexual Harassment Survival Guide for Employees.

If you have suffered sexual harassment, call us for a free confidential consultation at (202) 769-1681 or 202-262-8959, or email us by clicking here.

Click here to see our videos answering frequently asked questions about discrimination and retaliation.

Eric Bachman is frequently quoted in the media about the rights of victims of harassment and workplace discrimination, including in these recent articles:

• How to Report Sexual Harassment
• YOUR (LEGAL) LEG TO STAND ON
• How to Identify Workplace Sexual Harassment When You See It
• Eric Bachman interviewed about the impact of arbitration agreements on sexual harassment cases
• Sexual Harassment in Finance Often Unreported

 

      

Combatting Sexual Harassment in the Workplace

To see Eric Bachman's in-depth interview about sexual harassment issues in the workplace, click below.  The topics covered included:

• how to differentiate between simply obnoxious behavior and illegal sexual harassment;
• what can you do to nip harassment in the bud or formally complain if it continues;
• the importance of “tone at the top” in corporate settings to effectively communicate that harassment will not be tolerated

Rights of Victims of Workplace Sexual Harassment

We have substantial experience advising sexual harassment victims about their rights and vindicating those rights.  Although every case is unique, the following frequently asked questions provide an overview of the key legal issues that often arise in sexual harassment cases.

Can an employer be held liable for customer sexual harassment? Expand

Yes, courts have held that an employer may be found liable for the harassing conduct of its customers. The focus of the inquiry in a hostile work environment claim, as the name suggests, is on whether the workplace is replete with discriminatory intimidation, ridicule, and insult.  Employers may be held liable in these circumstances if they do not remedy or prevent the hostile work environment about which they knew, or should have known.

What damages or remedies are available for victims of sexual harassment? Expand

Several different types of remedies are available under Title VII of the 1964 Civil Rights Act if you prevail in your sexual harassment claim, including:

• Back pay – the lost pay and benefits you would have received absent the adverse personnel action (e.g., salary from the date of termination or demotion until the date of the trial);
• Compensatory damages – damages to compensate emotional distress and reputational harm that you suffered because of the sexual harassment;
• Punitive damages – damages to punish the company if it acted with malice or reckless indifference;
• Lost future earnings;
• Equitable relief, such as an order reinstating you; and/or
• Attorney’s fee and litigation expenses

Importantly, different federal, state, and local laws may apply to your case and may allow different types and amounts of damages (Title VII, for example, has a cap on the amount of compensatory and punitive damages you can recover).

What is a hostile work environment? Expand

A hostile work environment is another form of sexual harassment.  A hostile work environment is one filled with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.

Can a single incident of harassment suffice to establish liability? Expand

Yes, a single act of severe harassment can be actionable in certain, limited circumstances.  Examples include:

• female supervisor grabbed waiter’s penis through his pockets;
• use of racial epithet such as “ni[**]er”;
• deliberate and unwanted touching of plaintiff’s intimate body parts (for example, where a supervisor shoved employee’s face against his crotch); and
• an extended barrage of obscene verbal abuse.

What is quid pro quo harassment? Expand

Quid pro quo harassment is a type of sexual harassment.  “Quid pro quo” means “this for that” or “something for something” and is a particularly repulsive form of harassment.  It occurs when a supervisor either conditions a job benefit on sexual favors, or punishes the employee for refusing to do so.

It can take many forms and one example is for a supervisor to tell a female employee that the only way she will get (or keep) the job is to have sex with the supervisor.

Quid pro quo harassment can also happen in less stark terms. For example, in the corporate setting a senior manager may dole out plum accounts or assignments, or even promotions, based on whether the female employee agrees to go out to dinner with him, on a date, etc.

What is workplace sexual harassment? Expand

It is illegal to harass an employee because of that person’s sex.  According to the Equal Employment Opportunity Commission (EEOC), this unlawful sexual harassment includes unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Mere teasing or isolated comments/incidents that are relatively minor do not rise to the level of illegal sexual harassment.

Harassment becomes unlawful when the conduct and/or statements become so frequent or severe that it creates a hostile work environment or results in an adverse employment action (for example, firing, demoting, or suspending the victim).

In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me? Expand

Yes, the employer may automatically be liable if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.

If a supervisor creates a hostile work environment for an employee (with no adverse action like being fired), then the employer can prevail only if it can prove:

• it reasonably tried to prevent and promptly correct the harassing behavior; and
• the employee unreasonably failed to take advantage of any preventive or corrective opportunities offered by the employer, such as reporting the harassment to the employer.

If a non-supervisory employee harasses another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.

Who is a “supervisor” in sexual harassment cases? Expand

A supervisor is an employee whom the employer has empowered to take tangible employment actions against the victim; that is, to make a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

How can employees combat harassment at work? Expand

Combating Sexual Harassment

• If there are witnesses to the harassment, work with an attorney to get signed statements corroborating that the harassment took place.
• If there are text messages or emails evidencing harassment, work with an attorney to properly preserve this proof so that it will be admissible at trial.
• Consult the company’s anti-harassment policy and report the harassment.
• Document any retaliation that you experience for reporting the harassment.
• If you are a federal government employee or a state or local (city, county) government employee, different complaint filing procedures may apply.  The EEOC’s website has a handy online assessment tool that provides information on how to file a complaint.
• Be cautious in gathering evidence.  For example, in some states, surreptitious recording is unlawful.
• Document the harm you suffer because of the harassment, including the impact on your personal and professional relationships.
• Talk with an experienced employment attorney to discuss your legal rights and options, including applicable deadlines for filing an EEOC charge of discrimination.

What is the deadline for filing a sex harassment or retaliation claim? Expand

Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of retaliation.  42 U.S.C. § 2000e-5(e)(1).  The limitations period expands to 300 days where the plaintiff has filed a charge with a state or local agency that is authorized to grant or seek relief from the challenged practice.  Federal employees seeking to remedy discrimination, harassment, or retaliation must contact an EEO counselor to initiate a complaint 45 days from the day the discrimination occurred.

What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment? Expand

The anti-retaliation provision of Title VII proscribes not only tangible employment actions, such as termination of employment, but also any act that would “have dissuaded a reasonable worker from making or supporting a charge of discrimination.”  Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 52, 68 (2006).  Note that retaliatory harassment does not require a showing that the harassment was severe or pervasive.

Is an employer prohibited from retaliating against an employee because the employee reported harassment? Expand

Yes, opposing or reporting unlawful employment actions, including sexual harassment, is protected under Title VII.  Indeed, employees are protected for reporting employment actions that are not unlawful but that an employee reasonably believes to be unlawful. And employees are protected against retaliation for reporting discrimination during an internal investigation.

What is an employer’s affirmative defense in a sex harassment case? Expand

The employer is automatically liable and has no defense if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.

However, an employer does have a defense (known as a Faragher/Ellerth defense) if a supervisor creates a hostile work environment for an employee (but no adverse action is taken against the employee, like being fired).  Under this scenario, the employer may prevail if it proves:

• it reasonably tried to prevent and promptly correct the harassing behavior; and
• the employee unreasonably failed to take advantage of any preventive or corrective opportunities offered by the employer

Finally, if the situation involves a co-worker (non-supervisory employee) harassing another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.

Remedies for Victims of Sexual Harassment

We are committed to obtaining the maximum relief for individuals who have suffered sexual harassment or suffered retaliation for reporting harassment.  Damages or remedies can include:

• Back pay – the lost pay and benefits you would have received absent the adverse personnel action (e.g., salary from the date of a termination or demotion until the date of the trial);
• Compensatory damages – damages to compensate emotional distress and reputational harm that you suffered because of the sexual harassment;
• Punitive damages – damages to punish the company if it acted with malice or reckless indifference;
• Lost future earnings;
• Equitable relief, such as an order reinstating you; and/or
• Attorney’s fee and litigation expenses

Federal, state, and local employment discrimination laws provide a range of remedies to victims of sexual harassment, including lost pay (aka back pay), emotional distress, and punitive damages.

The table below identifies some of the larger verdicts or public settlements in harassment cases in recent years.  These cases were handled by a variety of laws firms.

Verdict or settlement	Case name, court, and year	Statute and claims	Summary
$168 million	Chopourian v. Catholic Healthcare West (E.D. Cal. 2012)	Title VII California Fair Employment and Housing Act (FEHA) * Sex harassment * Retaliation * Discriminat- ion	A 45-year-old surgical physician’s assistant brought a lawsuit against Catholic Healthcare West claiming she was subjected to a hostile work environment, sexual harassment, harassment, and wrongful termination. Ms. Chopourian was subjected to inappropriate remarks, sexual advances, and derogatory comments. When she complained about suffering mistreatment at the hands of other male employees, the defendant retaliated against her through defamation, false accusations, and unwarranted discipline.
$40 million (reduced from $95 million verdict)	Alford v. Aaron Rents, Inc. (S.D. Ill. 2011)	Title VII Illinois Human Rights Act * Sex harassment * Retaliation	Ms. Alford began working at Aaron’s as a customer service representative. Shortly thereafter, a male employee Moore began intentionally and inappropriately touching her, calling her degrading pet names, and making uninvited advances. Moore sexually harassed and sexually assaulted her on numerous occasions including an incident in the office restrooms where he pushed her onto the floor pulled her shirt up and masturbated on her. She ollowed company policy and tried to contact a sexual harassment hotline. She also spoke to multiple managers but her complaints went unnoticed. She was persecuted at work, feared for her safety, and was not given equal opportunities when applying for a promotion.
$20 million	Carlson v. Ailes, (N.J. Super. Ct. 2016)	NYC Human Rights Law * Sexual harassment * unfair compensation * retaliation	Ms. Carlson, a former Fox News Anchor filed a lawsuit directly at her former boss and the CEO and Chairman of Fox News for sexual harassment. Her claims included retaliation, unfair compensation, sexual harassment, and emotional distress. She filed an internal complaint against Steven Doocy for disparate treatment and harassment. Mr. Ailes retaliated against her by giving her less prestigious assignments and reducing her compensation. During this time, he alluded to restoring her status at Fox News in exchange for sex. She was awarded $20 million and Fox issued an apology on Mr. Ailes behalf. Following the lawsuit, other women came forward alleging Mr. Ailes committed multiple acts of sexual harassment.
$11.6 million	Sanders v. Madison Square Garden, L.P. (S.D.N.Y 2007)	Title VII New York State Human Rights Law New York City Human Rights Law * Sex harassment * Discriminat- ion * Retaliation	Ms. Sanders had joined the Knicks Basketball Operations in 2000. Her consistently positive performance reviews and hard work led to a promotion in 2002. In 2003, Isiah Thomas joined the organization as President of Basketball Operations. Ms. Sanders and Mr. Thomas met to discuss a conflict in their job responsibilities. Shortly thereafter, she received unwelcomed advances towards her and sexual harassment from Mr. Thomas. Other male employees and a basketball player were alleged to have made inappropriate comments about her and other female employees. Ms. Sanders brought suit for sexual harassment, discrimination, and retaliation.
$10 million	EEOC v. Dial Corp. (N.D. Ill. 2003)	Title VII Illinois Human Rights Act *Sex harassment * Discriminat- ion * Retaliation	Beverley Allen, an employee at Dial, filed a charge of sex discrimination with the EEOC against a co-worker Paul Allen. Her complaint alleged she was sexually harassed for 3 years between 1992-95 and that the company took retaliatory action against her after she reported sexual harassment. Furthermore, the complaint alleges Dial took no action to prevent future incidences and to create a friendly work environment.
$8.4 million (reduced from $10.6 million verdict)	Ingraham v. UBS Financial (Jackson County, MO 2011)	Title VII Missouri Human Rights Act * Sex harassment * Discriminat- ion * Retaliation	In 2008, Ms. Ingraham was subjected to sexual harassment at the hands of defendant and an employee James DeGoler. She filed a charge with the MCHR against UBS and DeGoler. UBS investigated the matter and decided there was no merit to her complaints. Later, Ms. Ingraham complained about sexual harassment and retaliation and upon UBS’s second investigation they came to a similar conclusion that there was no merit to her complaint. Ms. Ingraham decided to file a lawsuit in Jackson County and complained of sexual harassment, discrimination, a hostile work environment, and retaliation.
$8 million	Neal v. D.C. Dep't Corrections (D.D.C. 1997)	Title VII 42 U.S.C. 1983 * Sex harassment * Retaliation	Plaintiffs include 7 current and former female employees and one male employee. The complaint alleges sexual harassment, hostile work environment, retaliation, lost wages, and lost promotion opportunities. Plaintiffs alleged their employer retaliated against employees who complained of or reported sexual harassment. Moreover, they alleged the department was culpable of four categories of illegal behavior: 1) quid pro quo sexual harassment 2) sexual favoritism 3) Hostile Work Environment 4) Retaliation
$3.5 million (reduced from $7.1 million)	Weeks v. Baker & Mackenzie (Cal. App. Ct. 1998)	Title VII California FEHA * Sex harassment	Ms. Rena Weeks filed a lawsuit against her employer and a partner, Martin Greenstein, at the firm for engaging in sexual harassment. Ms. Weeks was subjected to uninvited sexual advances toward her. He would touch her inappropriately, stuff candies in her breast pocket, and comment on her appearance. Ms. Weeks was emotionally distraught and sought help from the law firm. His behavior had been ignored many times before and no strict action was taken. Upon filing a complaint with the EEOC and filing a lawsuit thereafter, Ms. Weeks learned Mr. Greenstein had a history of sexually harassing female employees at the firm.
$3.5 million	Frieders v. City of Glendale (Cal. Super. Ct. 2003)	Title VII California FEHA * Sex harassment * Retaliation	Three police officers filed a lawsuit against the Glendale Police Department and the City of Glendale for sexual harassment they were subjected to and retaliation for filing complaints.

Hiring a Top-Rated Workplace Sexual Harassment Lawyer in Washington DC, Maryland or Virginia

Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases.   His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.  Having served as Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.

Bachman writes frequently on topics related to promotion discrimination, harassment, and other employment discrimination issues at the Glass Ceiling Discrimination Blog.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.  To schedule a preliminary consultation, click here or call us at (202) 769-1681 or (202) 262-8959.

Washington DC, Maryland and Virginia Lawyers Combatting Workplace Sexual Harassment

Resources for Victims of Sexual Harassment

If I complain about harassment and then am retaliated against, what rights do I have?

What is a hostile work environment?

A hostile work environment is another form of sexual harassment.  A hostile work environment is one filled with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. 

What are emotional distress damages and how do I prove them?

How do courts measure emotional distress damages in employment discrimination cases?

 

Can I recover punitive damages as part of my employment discrimination claim?

 

Sexual Harassment Lawyer Client Review

"When I sought out a DC-based attorney to represent me, I expected a competent attorney who would get me through my sexual harassment lawsuit. What I didn’t expect was to find someone like Jason: a truly outstanding attorney who made me feel like a priority, paid close attention to detail, and brought enormous expertise to the table. I chose to hire Jason to represent me after consulting seven other lawyers — and from day one, Jason was the only one who it clear that he actually cared about me and my case. I cannot be happier that I chose Jason. He represented me with professionalism and fearlessness every step of the way. Jason always made me feel like a priority, even though he was busy with other cases/clients simultaneously. He never rushed me or pressured me, and kept me “in the loop” the entire time while we were dealing with the opposing side."

SexualHarassment_Infographic_draft

Florida Sexual Harassment Resources

If you are a victim of harassment in Florida, see https://www.andrewpickettlaw.com/blog/what-is-considered-sexual-harassment-in-florida/ for information about Florida remedies for sexual harassment.

Resources for Victims of Sex Harassment

LeanIn Sex Harassment FAQ

Sexual Harassment Cases Show the Ineffectiveness of Going to H.R

Poll: 7 in 10 Americans Think Sexual Harassment is a 'Serious Problem'

Know Your Rights at Work: Workplace Sexual Harassment: AAUW

EEOC Sexual Harassment Regulations

Stopping Sexual Harassment: An AFSCME Guide

ABOUT ZUCKERMAN LAW

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Jury Awards Former Bio-Rad Counsel $11M in Sarbanes-Oxley Whistleblower Case

A California jury awarded former Bio-Rad Laboratories Inc. General Counsel Sanford Wadler $11M in his Sarbanes-Oxley whistleblower retaliation lawsuit.  Approximately $3M of the award is … Continued

Whistleblower Rewards and Bounties for Disclosures of Market Manipulation Schemes

Recently, the CFTC and SEC have stepped up enforcement actions to prevent market manipulation schemes. The SEC defines manipulation as “intentional conduct designed to deceive … Continued

What are some methods to prove pretext in retaliation and discrimination cases?

Methods of proving that an employer’s reason for taking an adverse employment action is false include: A significant contradiction between yearly performance evaluations, and the proffered … Continued

Call Our Pay Discrimination Lawyers Today to Get the Pay You Are Owed

The Equal Pay Act prohibits employers from discriminating on the basis of sex by paying wages at a rate less than the rate at which the employer pays wages to employees of the opposite sex … for equal work performed under similar working conditions. Damages in pay discrimination claims can be substantial.  Recently, Uber Technologies paid $10 million to settle a pay discrimination class action.

EPAeGuide_ZuckermanLaw_FINAL (2)(publish)

See Eric Bachman’s column in Forbes.com and his articles on gender pay discrimination issues:

• “Retention Raises May Be Unlawful Employment Discrimination, Says Federal Appeals Court”
• “Today is Equal Pay Day. Here’s what you need to know about the Equal Pay Act.”
• “Are Partners “Employees” or “Employers” In A Discrimination Lawsuit?“
• “Past Salary Cannot Excuse Excuse Gender Pay Discrimination”
• “Just Who Are You “Equal” To Under the Equal Pay Act?”
• “What Does It Mean To “Mitigate Your Damages” In An Employment Discrimination Case?”
• “Let’s Not Wait For The Next World Cup To Score Equal Pay For Women”

Contact us today to find out how we can help you in a pay discrimination case. To schedule a confidential consultation, call Eric Bachman at 202-769-1681, or click here. See the December 2018 Women2.com interview of Eric Bachman: A Legal Leg for Women to Stand on in the Workplace.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area. Recently firm Principal Eric Bachman, in conjunction with co-counsel, secured a $1.3 million jury verdict in an age discrimination case.

Click here to see our videos answering frequently asked questions about discrimination and retaliation.

Gender Pay Gap Persists

A 2019 ADP Research Institute Study analyzing payroll data from 13 million employees from 30,000 firms across eight sectors found that women earn 79 percent of what mean earn.

And according to a Council of Economic Advisers issue brief about the Gender Gap, “median earnings for a woman working full-time all year in the United States totaled only 79 percent of the median earnings of a man working full-time all year. Phrased differently, she earned 79 cents for every dollar that he earned.”

Proving Equal Pay Act Discrimination

To establish a prima facie case under the Equal Pay Act, the plaintiff must show that: (1) she was “doing substantially equal work on the job, the performance of which required substantially equal skill, effort, and responsibility as the jobs held by members of the opposite sex”; (2) “the job was performed under similar working conditions”; and (3) she was “paid at a lower wage than members of the opposite sex.”  Cornish v. District of Columbia, 67 F. Supp. 3d 345, 360-61 (D.D.C. 2014) (citations omitted).

Once the EPA claimant has met that burden, the employer has the burden of demonstrating the applicability of one of the four affirmative defenses identified in the EPA:

1. a bona fide seniority system;
2. a merit system
3. a system which measures earnings by quantity or quality of production; or
4. a differential based on any factor other than sex.

See 29 U.S.C. § 206(d)(1).

Significantly, the employer must prove not just that proffered reasons could explain the wage disparity, but that the proffered reasons do in fact explain the wage disparity.  An employer seeking summary judgment in an Equal Pay Act case must produce sufficient evidence such that no rational jury could conclude but that the proffered reasons actually motivated the wage disparity.

In the Third, Fourth and Tenth Circuits, an employer can avoid summary judgment only if it submits evidence from which a reasonable factfinder could conclude not simply that the employer’s proffered reasons could explain the wage disparity, but that the proffered reasons do in fact explain the wage disparity.  This is a heavier burden than an employer’s burden to proffer a legitimate, nondiscriminatory reason for the challenged action in a Title VII case.

No Requirement to Prove that Two Jobs are Identical

An EPA claimant “does not have to prove that two jobs are identical but rather must show that the “skill, effort and responsibility required in the performance of the jobs are substantially equal.” Arrington v. Cobb County, 139 F.3d 865, 876 (11th Cir. 1998).

Work is “substantially equal” for purposes of the EPA if it requires “equal skill, effort, and responsibility.” 29 U.S.C. § 206(d)(l). This determination turns on the actual content of the job-not mere job descriptions or titles. EEOC v. Cent. Kan. Med. Ctr., 705 F.2d 1270, 1273 (10th Cir. 1983).

A woman in a higher-ranking job who is paid less than a man she supervises in a lower-ranking job can state a valid EPA claim even though the two jobs are by definition unequal. Riordan v. Kempiners, 831 F. 2d 690, 699 (7^th Cir. 1987).

Strict Liability for Pay Discrimination Under Equal Pay Act

An EPA plaintiff need not allege discriminatory intent on the part of the employer. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 640 (2007) (The EPA does not require a plaintiff to establish that his employer engaged in “intentional discrimination.”).  Instead, a plaintiff need only plead that “employees of the opposite sex were paid differently for performing `equal work’—work of substantially equal skill, effort and responsibility, under similar working conditions.”  Stanziale v. Jargowsky, 200 F.3d 101, 107 (2000). Thus, the employer need not have made the classification itself, but rather, it would be liable under the EPA, barring some affirmative defense, simply for paying employees of opposite sexes differently for performing equal work.

Once a plaintiff establishes a prima facie case, the employer has an opportunity to show that the disparate salaries are caused by a seniority system, a merit system, a production-quota system, or any factor other than sex. 29 U.S.C. § 206(d)(1).  The plaintiff can still prevail if she shows that the justification for the pay disparity was pretextual.  Unlike typical Title VII burden-shifting, the burden of proving an affirmative defense is a burden of proof, not merely a burden of production.

Equal Pay Act Protection Against Retaliation for Disclosing Pay Discrimination

To properly state a retaliation claim under the EPA, a plaintiff is required to show: (1) that she engaged in a protected activity; (2) that Defendants took some adverse employment action against her; and (3) that a causal connection existed between the protected activity and the adverse action.  Holland v. Washington Homes, Inc., 487 F.3d 208, 218 (4th Cir. 2007).

Statute of Limitations for Equal Pay Act Claims

The statute of limitations for filing an Equal Pay Act claim two years from the date of the alleged unlawful compensation practice or, in the case of a willful violation, the statute of limitations is three years.  The Lilly Ledbetter Fair Pay Act extends the statute of limitations for discriminatory compensation claims by clarifying “that a discriminatory compensation decision . . . occurs each time compensation is paid pursuant to the [discriminatory decision].” Pub. L. No. 111-2, 123 Stat. 5 (2009).

Liquidated Damages Under the Equal Pay Act

Where a pay discrimination claimant proves a willful violation of the Equal Pay Act, the claimant can recover liquidated damages.

Resources About Equal Pay Act Claims and Gender Discrimination from Pay Discrimination Law Firm

Pay discrimination claims under the Equal Pay Act versus Title VII: what is the difference?

What is the “salary negotiation” defense in Equal Pay Act claims?

What is the equal pay gap?

Pay discrimination against executives: what is the “salary negotiation defense” in Equal Pay Act cases?

EEOC Equal Pay Act Regulations

EEOC Compliance Manual Section on Compensation Discrimination

EEOC Facts About Equal Pay and Compensation Discrimination

If you have suffered pay discrimination, call the attorneys at Zuckerman Law at 202-769-1681 202-262-8959 or contact us by clicking here.

Equal Pay Act Pay Discrimination Lawyers

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in an Equal Pay Act case.  Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases.  His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.  Having served as Senior Trial Attorney in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.

Bachman writes frequently on topics related to employment discrimination issues at the Glass Ceiling Discrimination Blog.

Contact us today to find out how we can help you in an Equal Pay Act discrimination case.  To schedule a preliminary consultation, click here or call us at (202) 769-1681.

Click here to see our videos answering frequently asked questions about discrimination and retaliation.

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