Achieving Workplace Equity in the New World of Pay Transparency and DEI Disclosures

39 minute read | April.26.2023

In this article, partner Erin Connell, counsel Jessica R.L. James, and senior associate Necia Hobbes provide an in-depth analysis of the recent changes surrounding pay transparency and ESG in the workplace, and how to best achieve workplace equity within this new landscape.

As the article states, “Achieving workplace equity is no longer a matter of legal compliance and risk reduction. It is now a business imperative.”

The article discusses how increased pressure for transparency and ESG disclosures have affected shareholder proposals and derivative lawsuits. It also offers an update on the changing pay transparency laws taking hold in the U.S. and around the world, and examines best practices and strategic approaches for achieving workplace equity amid the changes.

Read the article

Authors

Erin M. Connell Partner, Employment Law & Litigation, Pay Equity

San Francisco

See my bio

D:+1 415 773 5969
E: [email protected]

Practice:

Employment Law & Litigation
Pay Equity

vCard

See full bio

Erin M. Connell Partner

San Francisco

Erin's practice covers all aspects of employment law. She defends employers in class actions and other complex cases, as well as in systemic investigations and audits by the EEOC, OFCCP, and the California CRD. Erin has led dozens of internal pay equity analyses and is a trusted advisor for several of the nation's most prominent employers on developing areas of employment law, including pay equity and pay transparency, DEI best practices, and the use of AI in employment decision making.

Erin also is an accomplished first chair trial lawyer. She has tried several cases before juries and in arbitration, and has obtained numerous defense summary judgment rulings and other favorable resolutions in state and federal court. Erin led the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, the largest pay equity case ever brought by OFCCP, which garnered national media attention and earned Erin recognition as a "Litigator of the Week" by the American Lawyer and a 2021 Employment MVP by Law360. As lead counsel, Erin also successfully obtained decertification in a statewide California pay equity class action, Jewett v. Oracle.

Erin's clients include leading technology and Fortune 500 companies, including: Oracle, Meta, Microsoft, Netflix, Pinterest, Twitter, Workday, PayPal, Sony Interactive Entertainment, NVIDIA, Airbnb, SiriusXM, Dropbox, Amgen, Zendesk, Splunk and Goldman Sachs.

Erin is currently a member of the Board of Directors of the Bar Association of San Francisco, a faculty member with the Institute for Workplace Equality (IWE), and frequently speaks on California and national employment law issues, including for IWE, the ABA, the Practicing Law Institute (PLI) and the American Employment Legal Council (AELC). She was formerly the management chair of the ABA Equal Employment Opportunity Committee. She has published numerous articles on employment law in publications around the country, including the ABA Journal of Law & Employment Law. She also provides employment law training and conducts internal investigations on employment-related matters.

Jessica R. L. James Talent Counsel, Employment Law & Litigation

Sacramento

See my bio

D:+1 916 329 4909
E: [email protected]

Practice:

Employment Law & Litigation

vCard

See full bio

Jessica R. L. James Talent Counsel

Sacramento

Jessica's practice involves employment litigation on a variety of legal issues, including defense of class action and single-plaintiff claims of discrimination, harassment, wrongful termination, misclassification, and other wage-and-hour violations. She also has experience in defending and advising industry leaders regarding pay equity and compensation analysis in response to civil litigation, OFCCP and EEOC investigations, and other claims of systemic discrimination.

Jessica regularly counsel clients on a variety of employment-related issues, including human resources policies and procedures, separation agreements, employee termination, and compliance with various state and federal regulations, including the Equal Pay Act (EPA), Fair Credit Reporting Act (FCRA), the Worker Adjustment and Retraining Notification Act (WARN). As part of her counseling role, she frequently conducts training programs for her clients, including trainings on sexual harassment and discrimination prevention. Jessica also has significant experience conducting internal investigations in response to claims of misconduct.

Jessica's experience also includes business litigation on issues beyond the employment context, relating to white collar criminal defense, corporate investigations, and complex commercial litigation.

Prior to joining Orrick, Jessica served for two years as a judicial clerk for the Nevada Supreme Court. She earned her J.D. from the University of the Pacific, McGeorge School of Law, where she was Editor-in-Chief of the McGeorge Law Review and graduated Order of the Coif. She also served as a judicial extern for the California Court of Appeal, Third Appellate District.

Necia Hobbes Senior Employment Career Associate, Employment Law & Litigation

Wheeling, W.V. (GOIC)

See my bio

D:+1 304 231 2665
E: [email protected]

Practice:

Employment Law & Litigation

vCard

See full bio

Necia Hobbes Senior Employment Career Associate

Wheeling, W.V. (GOIC)

Necia’s employment law practice focuses on federal court discrimination litigation, as well as complex litigation and class actions, including pay equity claims, wage and hour disputes, and OFCCP administrative claims. She handles cases from inception through to appellate briefing and strategy, and assists companies with a variety of compliance-related challenges including internal investigations, pay equity analyses, and government investigations and audits.

Prior to joining Orrick, Necia handled all aspects of general litigation cases at another global law firm including acting as lead counsel in approximately 50 cases in federal, state and administrative courts.

Additionally, Ms. Hobbes served as a judicial law clerk for the Honorable D. Michael Fisher of the United States Court of Appeals for the Third Circuit and obtained a graduate degree from Carnegie Mellon University’s H. John Heinz III School of Public Policy & Management. She previously consulted with the Office of High School Reform for the Pittsburgh Public Schools, served as a Coro Fellow in Public Affairs with the Coro Center for Civil Leadership in Pittsburgh, PA, and worked as a project manager and writer at a market research firm.

Ms. Hobbes is dedicated to pro bono and community service, and has volunteered advising non-profit organizations through employment law challenges related to COVID-19, developing resources on international anti-trafficking laws, and litigating immigration cases assisting refugee children fleeing violence in Central America, civil cases helping prisoners pursue their constitutional rights, and state court petitions for transgender legal name changes. She has volunteered in the past with women’s rights and immigration advocacy organizations, and teaching English in Kathmandu, Nepal.