This Week’s Pay Equity Bulletin:

USWNT gains support in equal pay fight:  Following the U.S. Women’s National Team’s World Cup victory, the team has received additional support from both Capitol Hill and the private sector in their ongoing quest for equal pay.  On July 9th, Sen. Joe Manchin (D-W. Va.) introduced a bill that would prevent federal funding for the 2026 men’s World Cup, which the U.S. is scheduled to host, unless the U.S. Soccer Federation agrees to equal pay for men’s and women’s teams.  In addition, Proctor & Gamble, one of the women’s team’s sponsors, has committed to donate $23,000 to each of the 23 players on the team, and has publicly called for the U.S. Soccer Federation to close the pay gap.  It remains to be seen whether the public pressure from these high-powered allies will change the U.S. Soccer Federation’s stance on this issue.

EEO-1 Component 2 Survey Portal Opens:  On July 15th the online portal for submitting the EEO-1 Component 2 survey opened and is accessible to employers. In order to access the portal, employers will need the login information which the EEOC began distributing earlier this month.  In addition, with the September 30th deadline for Component 2 pay data submissions quickly approaching, the EEOC has announced that it expects employers should be able to begin uploading data submissions through the portal by mid-August.

EEO-1 Litigation Update:  As expected, there will not be any decision on the government’s appeal of the order requiring the EEOC to collect Component 2 pay data until after employers’ submissions are due on September 30th. On July 8th the D.C. Circuit issued a briefing order requiring the government to submit its opening brief by August 19th.  The appellees’ brief will be due September 18th, and the government’s reply will be due October 9th.  A date for oral argument has not been set.

State Roundup

  • In Louisiana the EEOC has brought charges in federal court alleging that female employees of a Courtyard hotel received lower pay based on their gender. The charges assert that male employees were paid a significantly higher hourly wage than their female supervisors. At the state level, Louisiana is one of the few states that does not have a stand-alone “Equal Pay Act,” instead relying on the state’s discrimination law which prohibits employers with 20 or more employees from discriminating in the compensation of employees belonging to protected classes.
  • New York Governor Andrew Cuomo signed two bills aimed at expanding equal pay protections in the state. The legislation prohibits inquiries into prospective employees’ salary histories and requires equal pay for “substantially similar work.” The new law may lead to an increase in pay equity claims in New York as it prohibits pay differentials based on an individual’s age, race, disability, gender identity, sexual orientation and other protected classes in addition to gender.

For additional information on these developments or other pay equity matters, please contact FortneyScott by email at info@fortneyscott or by telephone at 202.689.1200 or directly contact FortneyScott’s attorneys.