This is the third in a series of posts examining the new and developing trends in equal pay litigation identified in Seyfarth’s yearly publication, Developments in Equal Pay Litigation, 2024 Update. The two previous posts can be found here and here.

As we have written about before, one of the key issues currently being disputed in equal pay litigation involves a “one-comparator” rule. Applying that rule, some courts have held that a plaintiff may establish a prima facie case under the federal […]

As summarized below HHS’s Final Rule under Section 1557 would essentially prohibit covered health plans from directly or indirectly discriminating on the basis of gender identity (e.g., limiting or otherwise excluding coverage for gender-affirming care).

While most employer health plans will not be considered covered entities under the Final Rule (and, as such, will be exempt from many of the rule’s process requirements), employers will likely determine they cannot impose such exclusions or limitations regardless, […]