Equal Pay
Equal Pay for Equal Work
Under applicable laws, employees are generally entitled
to equal pay for equal work within the same establishment,
regardless of race, color, religion, gender, national origin,
age or disability.
Equal Pay Laws
The Equal Pay Act of 1963 is the best-known "equal
pay law". It amended the Fair
Labor Standards Act (FLSA) and became one of the landmark Federal
discrimination laws.
The Equal Pay Act prohibits employers from discriminating
on the basis of gender, by paying unequal wages to men and
women who perform essentially the same jobs.
Ever since the Act became
law, employers have been prohibited from paying unequal wages
to men and women working the same jobs, except only when
based on a factor other than gender; seniority and merit
are examples.
The U.S. Equal Employment Opportunity Commission (EEOC)
enforces the Equal Pay Act of 1963. It also enforces the
following discrimination laws, which function as equal pay
laws when applicable. Collectively, the laws prohibit discrimination
in any aspect of employment, including unequal wages, on
the basis of race, color, religion, gender, national origin,
age, genetics or disability.
When making a determination under the applicable equal pay
law, among other factors, the EEOC and the courts considers
the skills, effort and responsibility required to do the
job. They also consider the working conditions in which the
job is performed. In other words, it's equal work under similar
conditions that determines equal pay by law, not job titles.
However, equal pay for equal work applies only to similar
jobs within the same establishment, not across the board.
An "establishment" is one or more physical places
of business, depending on whether the employer hires centrally
for all of its places of business or hires separately at
each. Additionally, all of the laws that enforce equal pay
allow certain employee or employer exceptions.
Equal Pay Legal Recourse
If you reasonably believe that your employer has discriminated
against you in violation of the Equal Pay Act or one of the
other discrimination laws listed above, then you may file
a pay discrimination charge against your employer with the EEOC or
a state equivalent.
Under the Equal Pay Act, you do not have
to file a discrimination charge with the EEOC before filing
a private lawsuit, as you would under any other EEOC-enforced
discrimination law. (Private lawsuits typically reward
better than EEOC enforcement actions.) Still, it's a good
idea to consult an attorney about
filing a charge, just in case another discrimination law
applies. Attorneys often take discrimination cases on contingency.
Your employer is prohibited from retaliating against
you for filing an equal pay discrimination charge or lawsuit,
or for participating in related proceedings.
Your employer is also prohibited from retaliating against
witnesses who testify on your behalf during related proceedings.
For more information for both employees and employers, read "Equal
Pay and Compensation Discrimination" and "Filing
a Charge of Employment Discrimination" published
by the EEOC; then, see Attorney
Referral to find an appropriate lawyer to consult for
legal advice regarding equal pay.
|
Subscribe
