Looking At Equal Pay: What It’s Based On, Where It’s Found, And the Resolution-Value of Mediation (Confidentiality) For All

To help highlight the breadth of consideration Equal Pay issues ought to receive, by plaintiffs and defendants, I found an article by Allen Smith, J.D. which I believe encapsulates the gravamen of Equal Pay litigation.  Tougher State Laws Increase Scrutiny on Pay Equity“:

  • dissects Federal vs. State claim considerations
  • points out potential damage exposure by a lack of diversity and inclusion, 
  • illuminates what those factors, sometimes subtly, convey in terms of evidence, and personnel attraction and retention, and
  • a variety of employment practice areas that ought to be part of the analysis

Consider some of the insight the author/article shares:

  • “Don’t look at pay equity in isolation…. [A] pay equity study should look at applications, hires, promotions and terminations….”
  • “An employer may have equitable recruiting and hiring, but also have high turnover and not be a good place to work at as a woman, for example.”
  • “The central question that is being litigated more often these days is whether an employer has done a study on whether such [pay disparity] factors truly are job-related and consistent with business necessity.”

Another matter to think about is how to address the inequity.  A challenge to pay parity could be harmful to one financially and professionally.  It may bring scrutiny to someone or a business that exceeds expectations and could lead to unintended consequences

I can help.  By engaging in an organizational mediation (or mediation within the workplace), parties can prudently address their concerns as quickly, confidentially and creatively as possible.  The sooner the better.  Having mediated many hundreds of workplace conflicts in their early stages, I can say that time is not on either party’s side.  Left alone, the issues can:

  • grow,
  • permeate the workforce,
  • affect morale and relationships,
  • give rise to other claims, or
  • at the very least, draw on limited reserves in the course of confronting, analyzing and/or correcting possible liabilities.

Remedies that may only be available early on can also be lost.

If you have any matters pending now, developing, or with potential for dispute, please call or write me. I may be available on short notice.  I am available to consult and mediate, as well as present, in-house, publicly and on professional associations panels. Recommendations to colleagues are also most welcome. I am confident our time will be productive.

I look forward to hearing from you.

About Maria Hanna Joseph

Maria Hanna Joseph, principal of Joseph Mediation, is an Attorney-Mediator who is highly regarded for her experience and ability to resolve employment, workplace and organizational disputes. She has served more than 2,000 matters over her 20 years as a mediator and her 29 year employment law career. With care, expedience and economy, Maria helps attorneys and parties achieve settlement in nearly every mediation. Moreover, her pragmatism and perseverance bring about purposeful settlements; products of Maria's insight and creativity, gained by her depth of experience and training. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage extremely challenging circumstances and settle a wide variety of cases. Maria is available to provide services in-person or virtually (utilizing teleconference and desk-top videoconference resources) throughout Massachusetts, New England and the U.S.
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