Event Details

The Greater Concord Chamber of Commerce has kindly agreed to host the roundtable discussion with Senator Ayotte this Monday, April 11^th, from 10:00am to 11:00am in their conference room.  Senator Ayotte will have a chance to speak with invited business leaders and guests about her legislation, the Gender Advancement in Pay (GAP) Act.  

Hopefully, the Senator will be able to discuss the topic of equal pay with Granite Staters who already adhere to this practice, or are in the process of cementing such a notion in the workplace. 

Monday, April 11^th, 10:00am – 11:00am

49 S Main St #104, Concord, NH 03301

Please contact jreidy@sheehan.com to be placed on the list of attendees. 

Gender Advancement in Pay (GAP) Act

• Gender pay discrimination claims are governed by two fragmented laws, the Equal Pay Act and Title VII, which have been shaped by conflicting judicial interpretations.  As a result, some employees receive protections not available to other employees, simply based on their geography or job-function. Not only does this create confusion, it also creates unequal protections for employees.

   

• The GAP Act takes a sensible approach to addressing pay discrimination without lining the pockets of trial lawyers.  By updating and clarifying the current law, the GAP Act ensures that all employers and employees receive the same protections and rights, no matter where they live.

   

• The GAP Act combats judicial misinterpretation of the “factor other than sex” affirmative defense under the Equal Pay Act, by clarifying that the “factor other than sex” must be a “business-related factor other than sex, including but not limited to education, training, or experience” to provide context for this affirmative defense.

   

• The GAP Act prohibits retaliation against employees that discuss their pay and it prohibits employers from requiring employees to forfeit this protection. A January 2014 Institute for Women’s Policy Research study found that about half of workers were discouraged to, or prohibited from, discussing their pay with coworkers.

   

• The GAP Act also prohibits retaliation against prospective employees who choose to not disclose their earnings history.  Giving potential employees this option will allow them to negotiate a salary that is appropriate for their job requirements, instead of previous earnings.

   

• Under current law, the statute of limitations for an individual to file a lawsuit regarding an equal pay violation could expire while the EEOC is still investigating their claim, even if the EEOC finds probable cause that the plaintiff was a victim of discriminatorily unequal pay. The GAP Act protects workers who file an Equal Pay Act complaint with the EEOC by pausing their statute of limitations while the EEOC investigates the claim, giving both the plaintiff and the EEOC flexibility to investigate and file the complaint.

   

• The GAP Act creates a civil penalty for willful wage discrimination, where penalties are capped based on the size of the employer.  The civil penalties will be used to study the wage gap and to disseminate strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented.

   

• The GAP Act builds on New Hampshire’s bipartisan pay equity law that was enacted in July 2014 to provide stronger protections for employees.