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Second Circuit rules ‘factor other than sex’ need not be job-related under EPA

November 2023 employment law letter
Authors: 

Charles H. Kaplan, Hodgson Russ LLP

On October 17, 2023, the U.S. Court of Appeals for the Second Circuit (which includes New York state) rendered a decision in a case that presented questions of what an employer must prove to establish affirmative defenses to pay discrimination claims under federal and state laws.

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