How Do You Prove Equal Pay Discrimination?

What happens if a company violates the Equal Pay Act?

If you feel your boss has violated the Equal Pay Act, you can either bring a lawsuit against the company in court or file a charge with the Equal Employment Opportunity Commission (EEOC), the government agency that oversees the Equal Pay Act..

What are the exceptions to the Equal Pay Act?

The Equal Pay Act (EPA) provides that employers must provide equal pay between employees for equal work—work that requires “equal skill, effort, and responsibility” and is performed under “similar working conditions.”3 The EPA provides four exceptions to this general rule, where pay disparities are made pursuant to: (1 …

Is unequal pay illegal?

New South Wales (NSW) was the first Australian industrial jurisdiction to legislate for equal pay in the Female Rates (Amendment) Act in 1958. … It aimed to promote equal opportunity for women in employment and eliminate discrimination by the employer against women.

Can 2 employees doing the same job be paid differently?

Employers are obliged to pay workers equally and fairly. Failure to do so can be grounds for a discrimination case. However, co-workers can be on different pay rates for valid reasons.

Can you be fired for discussing pay?

Established all the way back in 1935, the NLRA made it illegal for an employer to fire an employee just for talking about wages at work. In 2014, President Obama signed an executive order – Non-Retaliation for Disclosure of Compensation Information – that helped further cement the NLRA’s power and importance.

What constitutes an EEO violation?

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What to do if you find out your coworker makes more than you?

Don’t:Be rash. Your frustration is understandable, but do your best to stay calm and clear-headed.Mention your higher-earning coworker by name during your salary review. Focus on the value you bring to the company.Stay in a job if your employer refuses to pay you market value for your role.

Is it illegal to pay a man more than a woman?

Twenty years later, legislation passed by the federal government in 1963 made it illegal to pay men and women different wage rates for equal work on jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions.

Why do new hires get paid more?

In a hot job market, top candidates have their pick of opportunities and often command ever-higher salaries. So companies in need of talent may end up paying a premium for new hires.

Can an employer pay less for the same job?

No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work.

How do you ensure equal pay for equal work?

How to Prevent Wage Discrimination and Ensure Equal PayStep 1: Understand the Laws. … Step 2: Institute a Policy Prohibiting Wage Discrimination. … Step 3: Make Decisions Based on Skill and Performance. … Step 4: Train Supervisors and Managers to Avoid Wage Discrimination. … Step 5: Document Guidelines and Requirements for Salaries and Bonuses.More items…

What is Equal Pay Discrimination?

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. …

Can employees in same job be classified differently?

Employees with the same job duties may be classified differently if their pay differs based on their experience, according to Jennifer Yelen, an attorney with Posternak Blankstein & Lund in Boston.

Can you sue an employer for unfair wages?

When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state’s labor department.

Which gender works more hours?

WomenWomen work an average of 8 hours and 39 minutes a day – nearly an hour longer than men, when both paid and unpaid tasks are taken into account.

Who enforces the Equal Pay Act?

EEOCEEOC enforces the Equal Pay Act (EPA). The EPA prohibits pay discrimination based on sex, but it is limited to pay discrimination between employees who are performing the same job at the same location. 1. Do women and men have to be performing identical jobs for the EPA to apply?

Can you sue for pay discrimination?

Sue (file a lawsuit against) your employer for pay discrimination. Under the federal Equal Pay Act and the California Fair Pay Act, you can go straight to court. You are not required to first file a charge with a government agency.

Can someone be paid more for doing the same job?

You are entitled to the same pay as anyone doing the same or broadly similar job, or a job of equal value, regardless of gender. There are strict time limits on when you can lodge a claim. If your employer is not treating you equally, they are breaking the law.

Do CEOS deserve to make more money than the average person?

It is true that CEO pay has gone up—top ones may make 300 times the pay of typical workers on average, and since the mid-1970s, CEO pay for large publicly traded American corporations has, by varying estimates, gone up by about 500%.

What to do when you find out your coworker makes more money?

What to do when you find out your co-worker makes more money than you doDon’t act out of immediate anger. I know what you’re thinking: Duh. … Don’t mention specific names or salaries. … Don’t come unprepared with market data. … Don’t take ‘no’ for an answer. … Don’t stay at the company out of fear.

How long is unequal pay illegal?

The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see Gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program.