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
Prior to the Lilly Ledbetter Fair Pay Act of 2009 (linked below), the
Equal Pay Act of 1963 was 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. The jobs don't have to be exactly the same, but must be
substantially equal.
Ever since the Act became
law, employers have been prohibited from paying unequal wages to men and
women working essentially the same jobs, except only when based on a factor
other than gender; examples are seniority and merit.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the Equal
Pay Act of 1963. It also enforces the following discrimination acts, 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 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.
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