Today, we bring to your attention the recent release of pivotal data by the U.S. Equal Employment Opportunity Commission (EEOC). This data, encompassing information from 2017 and 2018, provides an insightful glimpse into the state of pay disparities in American workplaces., which is illegal based on the Equal Pay Act. To learn more about the Equal Pay Act, take a CLE from Attorney Andrew Lieb here.

Key EEOC Findings:

The EEOC's data dashboard reveals a troubling reality: pay disparities based on sex and race persist across nearly every industry and state. Here are some crucial highlights:

• Gender Disparities: The data unequivocally shows that men continue to outearn women, with the median pay band for men consistently higher than that for women. In 2018, this gap was particularly pronounced, with men's median pay band being one or even two bands higher than women's.
• Racial Disparities: The disparities deepen when considering race and ethnicity. Black or African American women and American Indian or Alaska Native women find themselves in the lowest median pay bands, reflecting a distressing pattern of inequality.
• Industry and Job Category Trends: Across various industries and job categories, men consistently occupy higher median pay bands compared to women. While some sectors exhibit equal median pay bands, such as Accommodation and Food Services, these instances remain exceptions rather than the norm.
• Geographical Disparities: Disparities are not confined to specific industries or job categories but are pervasive across different states. For instance, in 2018, Wyoming, Louisiana, and West Virginia exhibited significant differences in median pay bands between men and women.

• Equal Pay Act and Title VII: The EEOC enforces both the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, which prohibit pay discrimination based on sex, race, color, national origin, and religion. If you believe that you have experienced pay discrimination, you may have legal grounds to pursue a case and if you live in a State, like New York, you can go back up to 3 years on the state's anti-discrimination law to bring your case.
• Data as Evidence: The aggregated data provided by the EEOC can serve as compelling evidence in legal proceedings. If you find that your pay is unfairly lower compared to colleagues of a different
  gender or race in similar roles, this data can bolster your case.
• Consultation: If you suspect pay discrimination in your workplace or have questions about your rights, we encourage you to seek legal consultation. Lieb at Law, P.C. is here to provide guidance and support as you navigate the complexities of employment law.

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Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.

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The U.S. employment law landscape has been transformed with the implementation of the Pregnant Workers Fairness Act (PWFA). This law, endorsed by President Joe Biden, extends protections to employees dealing with pregnancy, childbirth, or related conditions. The U.S. Equal Employment Opportunity Commission (EEOC) will now begin processing discrimination charges under this fresh statute, opening a new chapter in labor rights.

Legal Provisions:

The PWFA mandates employers to provide reasonable accommodations for pregnancy, childbirth, or related conditions, except when these adjustments impose an undue hardship on the employer. The PWFA thus augments protections under Title VII of the Civil Rights Act. As EEOC Chair Charlotte A. Burrows stated, the PWFA aids workers in securing their entitlements under this new law.

EEOC's Role and Resources:

The EEOC has introduced educational materials to aid workers and employers in understanding the new law. These include a "Know Your Rights" video series, a revised poster, and a guide to the PWFA. The EEOC is also set to accept discrimination charges under PWFA.

The Bottom Line:

The Pregnant Workers Fairness Act fills a gap in employment rights, fostering a more equitable and inclusive working environment. It is a substantial step towards legally addressing the unique challenges faced by pregnant workers, fostering a fair workspace for all.

If you are a victim, you can bring a discrimination case and recovery monetary damages for your lost pay and emotional distress. You have rights. 

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2022 Annual Performance Report, revealing that it collected a record-breaking $513 million in compensation for victims of discrimination. This amount was collected from 65,000 charges of discrimination, which resulted in 91 lawsuits in federal court. The majority of these charges were based on allegations of sex and retaliation discrimination, followed by disability, race, national origin, age, and religion.

Most importantly, discrimination charges were up almost 20% year-over-year.

At the end of January, 2023, EEOC released Hearing Disabilities in the Workplace and the Americans with Disabilities Act, which is a terrific resource for the 15% of american adults who have some trouble hearing and want to know their rights at work. 

If you are hearing impaired, remember that the ADA is just the floor of your rights so you should always have your attorney examine whether your state or locality provides your with additional protections. To illustrate, the ADA only applies to employers with 15 or more employees, but states, like NY have no minimum employee threshold for anti-discrimination laws to apply (the New York State Human Rights Law at Executive Law 296), which has been the law of the state since February 8, 2020. 

Regardless, the EEOC's released document is a great resource because it includes a series of question-and-answers for both job applicants and employees. 

Of greatest interest, you should look at the examples of accommodations that should be provided for those with a hearing related disability. The list of examples includes:

• Access to a video relay service or video remote interpreting service using equipment such as a videophone, computer, laptop, tablet, or smartphone.
• A hearing aid-compatible telephone headset, a telephone amplifier, and/or adapters for using a phone with hearing aids or cochlear implants.
• Appropriate emergency notification systems (for example, strobe lighting on fire alarms or vibrating pagers).
• Enabling the streaming of sound directly from a device to hearing aids or cochlear implants.
• Utilizing accessibility features of mainstream technology (for example, using the captioning feature on virtual meeting platforms).
• A voice carry-over telephone, captioned telephone, text telephone, or TTY.
• Equipment used for hearing protection to block noise or to protect hearing function, including equipment that can be used with hearing aids. 
• Assistive software or applications (for example, for automated captioning, voice recognition, videoconferencing, or sound detection).

The point is that those with a disability have a right to enjoy equal employment opportunities and if they aren't afforded such a right by their employer or prospective employer, they can sue and they should win big damages.