The Equal Pay Act prohibits an employer from discriminating between male and female employees by paying lower wage rates to employees of one sex than to the other for work which requires equal skill, effort and responsibility, and which is performed under similar work conditions. Some segments of American industry continue to operate on the outmoded belief that a man, based upon his role in society, should be paid more than a woman, even though the woman may be performing the same duties. In fact, many employees are unaware that they are experiencing violations of these laws. Strict statutes of limitations govern the time period within which an employee must bring such claims under the Equal Pay Act. Burr & Smith, L.L.P. is experienced litigating multiparty cases under this Act. If you are concerned you are not receiving the pay to which you are entitled, contact us for a consultation.

Sterling denies that it has committed any discrimination and argued that, in any event, its RESOLVE Program does not permit these women to pursue this case as a class action.

On June 1, 2009, the Arbitrator issued a clause construction determination that held Sterling’s RESOLVE Program did not prohibit the women in Jock et al. v. Sterling Jewelers Inc. from bringing a class-wide arbitration. Sterling appealed this decision to the United States District Court for the Southern District of New York requesting that the court vacate the Arbitrator's clause construction decision or to stay the arbitration. On August 31, 2009, the district court denied Sterling’s motion in its entirety.

However, in April 2010, Sterling filed a motion for the district court to reconsider its August 31, 2009 Order after the United States Supreme Court rendered a decision in Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., 130 S. Ct 1758 (2010), which found that the arbitration agreement in that case did not permit class arbitration. On August 6, 2010, the district court determined that based on Stolt-Nielsen, the Arbitrator in our case exceeded her powers in allowing a class arbitration to proceed against Sterling. The arbitration claimants have appealed this decision to the United States Court of Appeals for the Second Circuit because they believe the district court made a number of significant errors in rendering the decision.

Prior to filing the demand for arbitration, at least fifteen women filed charges of discrimination with the Equal Employment Opportunity Commission (“EEOC”). On January 3, 2008, the EEOC issued a determination finding that Sterling subjected the claimants and a nationwide class of female employees with retail sales responsibilities to a pattern or practice of sex discrimination in regard to promotion and compensation. On September 23, 2008, the EEOC filed a sex discrimination lawsuit against Sterling alleging a pattern or practice of pay and promotion discrimination against female retail sales employees, which is pending in the United States District Court for the Western District of New York. You may download the EEOC’s determination and the EEOC’s Complaint by clicking on the links below.

EEOC Determination Letter

EEOC Complaint

Female Publix Super Market Employees Sue for Equal Job Benefits
The attorneys at Burr & Smith, L.L.P. have extensive experience litigating cases involving gender discrimination. For instance, Shores v. Publix Supermarkets, Burr & Smith, L.L.P. and co-counsel, obtained certification for more than 160,000 female current and former employees of Publix Super Markets to sue as a class for discrimination in various job benefits, including promotions, allocation of hours, job assignments, job advancement, pay and employment opportunities. In 1997, the Court approved a settlement awarding these women $81.5 million in monetary relief and extensive injunctive relief.

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