Equal Pay Act
The Equal Pay Act is an amendment to the Fair Labor Standards Act that protects employees against being paid lower wages on account of their gender. From the outset, the Equal Pay Act was passed to empower women and level the playing field for women employees in the workplace.
Although the Equal Pay Act was originally intended to protect women, it serves to protect both men and women because it applies to unequal wages for either gender. Specifically, it prohibits employers from paying wages to employees at a wage less than those of the opposite gender in circumstances where the employees are performing equal work within jobs requiring equal skill, effort and responsibility, and under the similar working conditions.
If you think you may be experiencing discrimination on the basis of gender, ask yourself the following questions:
1. Is my employer paying different wages to employees of opposite gender?
2. Are these employees considered to be working within the same establishment?
3. Do these employees perform substantially equal work and duties which require equal skill sets, effort and responsibility?
4. Are these duties intended to be performed under similar working conditions? Are they performed under similar working conditions?
If your answer to some or all of these questions is "yes," you may want to investigate further and/or retain counsel to review your situation. Each working environment is unique and different industries work according to varying norms, standards and tradition. Regardless, employers are required to comply with Equal Pay Act.
Even with the best of intentions, employers are held liable for violations of the Equal Pay Act and should be held accountable for making wage decisions based on gender. Employers may only avoid liability if they can show that their wage system is based upon some factor other than gender. For example, a wage payment system based on merit or production, may be acceptable. But, if you suspect other factors at play, a thorough investigation should be conducted to ensure that your employer is following the law and treating you fairly. Gender discrimination is illegal and should not be tolerated at any level.
Although the Equal Pay Act was originally intended to protect women, it serves to protect both men and women because it applies to unequal wages for either gender. Specifically, it prohibits employers from paying wages to employees at a wage less than those of the opposite gender in circumstances where the employees are performing equal work within jobs requiring equal skill, effort and responsibility, and under the similar working conditions.
If you think you may be experiencing discrimination on the basis of gender, ask yourself the following questions:
1. Is my employer paying different wages to employees of opposite gender?
2. Are these employees considered to be working within the same establishment?
3. Do these employees perform substantially equal work and duties which require equal skill sets, effort and responsibility?
4. Are these duties intended to be performed under similar working conditions? Are they performed under similar working conditions?
If your answer to some or all of these questions is "yes," you may want to investigate further and/or retain counsel to review your situation. Each working environment is unique and different industries work according to varying norms, standards and tradition. Regardless, employers are required to comply with Equal Pay Act.
Even with the best of intentions, employers are held liable for violations of the Equal Pay Act and should be held accountable for making wage decisions based on gender. Employers may only avoid liability if they can show that their wage system is based upon some factor other than gender. For example, a wage payment system based on merit or production, may be acceptable. But, if you suspect other factors at play, a thorough investigation should be conducted to ensure that your employer is following the law and treating you fairly. Gender discrimination is illegal and should not be tolerated at any level.