How Employers Can Use Regression Analyses In Their Favor In Pay Equity Cases

Seyfarth Synopsis: Employers cannot ignore the recent amendments to state and local pay equity laws and increased attention on equal pay issues. Pay equity claims raise unique challenges, including the prevalence of statistical evidence and multi-jurisdictional compliance. This article addresses the advantages of conducting a pay audit and how the analysis, particularly a regression analysis, may be helpful to employers in litigation. It also discusses how an employer may use a plaintiff’s expert analysis to undermine the plaintiff’s own claim, as the Fourth Circuit addressed in a recent opinion.

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