The Proposed Paycheck Fairness Act - A Potential New Class Action Exposure

The plaintiffs' class action bar is focusing on creation of new theories to attack pay and promotion decision-making by employers. One area of focus is a new legislative proposal that would transform class action litigation in this context  based on the Paycheck Fairness Act (reintroduced in the Senate on September 14, 2010 and re-designated as S. 3772, formerly S. 182, 11th Cong. (2010)).

A vote on the Paycheck Fairness Act ("PFA") could occur before the Thanksgiving holiday. By reintroducing a new version of the Paycheck Fairness Act, Senate Majority Leader Harry Reid, D-Nevada, hoped to revive the gender-based pay equity legislation that has been stalled in committee for almost 18 months. The House of Representatives passed its version of the legislation on January 9, 2009.
 

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