"Equal Pay" is everywhere. In recent months, several states have passed legislation around pay equity, creating a patchwork of legal obligations for multi-state employers. Government agencies are increasingly focused on unearthing pay discrimination. Employers of all sizes and in all industries are grappling with new obligations, rising numbers of pay discrimination claims, and increased media attention in the area of pay equity.
Given this climate and complex legal landscape, many employers are choosing to proactively conduct pay analyses in an effort to understand and reduce their compensation-related legal exposure. Robust, self-critical, EEO pay analyses are an effective way for employers to identify and remedy problematic race- and/or sex-based pay disparities before a claim is received. Pay gap analyses allow employers to show overall pay parity between protected groups. While most employers take steps to cloak these analyses in privilege, some employers choose to voluntarily publish certain results to showcase their transp