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Calls for gender equality an outgrowth of #MeToo

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Equal pay for women

Litigation demanding more equal treatment for women may be the natural next phase of the #MeToo movement, observers say.

“Gender equality, as well as gender pay disparity, will take a more prominent role at some point,” said Beth Goldberg, New York-based chief underwriting officer for financial lines with Starr Cos.

“I see a little bit of that tension already going on there,” said Phil Norton, Chicago-based president of Arthur J. Gallagher & Co.’s professional liability division.

“Equal pay is something for corporations to pay attention to, because it has the possibility of a class action, and therefore can be quite dangerous,” he said. “It’s one of the many things that have evolved out of this movement.”

It is too early to tell, though, whether the equal pay movement will be significant, he added.

Equal pay issues “existed well before” the #MeToo movement and have not yet become a directors and officers liability issue, but could “well turn into” another event-driven corporate mismanagement issue, said MarieFrance Gelot, New York-based senior vice president and insurance claims counsel for Lockton Cos. LLC.

Meanwhile, experts point to a California law, which other states may follow, that says companies headquartered in the state must have at least one female director by year-end 2019.

The legislation, which modifies the California Corporations Code, was signed into law by former Gov. Jerry Brown in September. “It could be a source of increased gender discrimination claims,” said Ms. Gelot.

“I’d like to think the #MeToo movement would help encourage conversations about diversity in the boardroom,” said Denise Kuprionis, president of The Governance Solutions Group LLC, based in Cincinnati.

In the past, the excuse for not having board diversity was “we didn’t find anybody qualified,” she said. “That just doesn’t fly anymore.”

 

 

 

 

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