Suns Out, Lawsuits Out

Suns Out, Lawsuits Out

It’s official: summer’s here. Today is the summer solstice – the longest day of the year – which, given the headlines these days, means even more daylight to enjoy the uplifting news going on. So load up on that SPF and at least do your doom scrolling poolside.

For today’s newsletter, we’ll talk through the latest pay-equity laws (including New Jersey’s salary-transparency mandate) and how they may actually be moving the needle. And if you’ve ever wondered whether it’s illegal to pass on a candidate because of menstrual cramps . . . we have a story for you.

Show Me The Money (Seriously, They Mean It Now)

We’ve been covering how salary-transparency laws have exploded across the map – and just as a reminder, New Jersey’s version went live on June 1, 2025.

There are likely a few reasons these laws started appearing faster than Law & Order spin-offs. But they, in tandem with equal pay laws, were clearly designed to close the gender pay gap. And as seen by some recent lawsuits, these measures seem to be working (I guess having a successful Netflix series helps too – congratulations to Dallas Cowboys cheerleaders who just landed a 400% raise).

In California, Disney just secured preliminary approval of a $43.25 million settlement in a class action alleging female middle managers were consistently passed over for promotions and saddled with extra duties without extra pay, losing at least $150 million compared to their male peers. The class action was brought under California’s Equal Pay Act and local anti-discrimination law, covering roughly 14,000 class members. It is unclear at this time whether Minnie was part of the class.

Now, you might be saying, “hold on – aren’t you always warning us that California is about as appealing to employers as a gluten-free bagel?” Guilty. Fair point. But – we swear these equal pay cases aren’t limited to the plaintiff’s playground of California. At a Tennessee personal injury firm, the newly hired Chief People Officer (a seasoned labor & employment lawyer, mind you) did exactly what her title promised: she flagged that a junior male attorney was slated for a significantly higher salary than a more senior female counterpart. She also questioned whether the CEO’s executive assistant was misclassified under the Fair Labor Standards Act (FLSA). The very next day, she was told she was “disloyal” and demoted to “intake specialist”. Within a week of returning from bereavement leave, she was fired, allegedly for missing a memo deadline she’d never been told about. A jury saw it as classic retaliation under Title VII, the Equal Pay Act, and the FLSA, and awarded her $3.27 million in damages.

Remember to review all compensation systems for compliance, and if you’re in a jurisdiction with a salary transparency law, be sure to vet all job postings before going live. Close those pay gaps before they close in on you.

When Nature Calls (for an accommodation)

You’ve probably seen the stories about the EEOC rolling back enforcement of certain issues, and if you only read those headlines, you might assume the EEOC is only clocking in a few days each month. But that’s simply not the case. Take the EEOC’s recent action against Equinox: an otherwise qualified applicant with endometriosis asked to delay her second-round interview by one week to manage severe cramps. Instead of accommodating her request, the hiring manager texted that she was passed over “only because of concern – if your absence may occur due to your monthly cycle.” Yikes – lord give me strength . . .

Talk about bad form

I guess that manager skipped leg day . . . and accommodation training day

Could have used a spotter on that rep

Ok – we’re done. Couple of takeaways here but let’s start with the fact that under federal and most state laws, interview-stage applicants have very similar accommodation rights as employees. That means you should (1) acknowledge any accommodation request promptly, (2) engage in a good-faith interactive process to identify reasonable adjustments, and (3) implement any reasonable accommodations. Bonus tip – never say “we passed because of your health condition” in a text or email.

All managers should be trained in how to handle accommodation requests – both from current employees, as well as applicants. Make sure you’re regularly auditing your practices, and if you need some help with your form, feel free to reach out.  

Have a great weekend, all. Enjoy that vitamin D! And as always, if you’ve got questions,  you know we’ve got answers.

~ The W + K Team