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Best Lawyer Answer: Can My Employer Pay Men More Than Women For Doing The Same Job?

| Mar 14, 2014 | Employment Discrimination, Equal Pay Act Claims, gender-discrimination, Sexual Harassment |

Top Attorney Answers For: What should I do if my job pays women less than men?  Is it legal for any employer to pay a man more than a woman for the same job? How do I find an equal pay, gender discrimination attorney?

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It seems unthinkable that in this day and age employers would pay women less than men for equal work. Wait a minute, unfortunately, no, no it doesn’t.

Women are fifty percent of the nation’s workforce but still only earn seventy-seven cents for every dollar a man makes. Further, by age 65 the average woman loses $431,000 because of the earnings gap. The earnings gap persists despite the fact that laws have been on the books since the 1960’s to prevent such unscrupulous employer behavior.

Under the Equal Pay Act of 1964 employers must pay men and women equally if they’re doing substantially the same work. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of your race, color, religion, sex, or national origin in any terms or conditions of employment, including compensation, hours, and benefits. The Lily Ledbetter Fair Pay Act of 2009, which amends Title VII and the Age Discrimination in Employment Act (“ADEA”) and modifies the Americans with Disabilities Act, gives you the right to file a discrimination charge with the EEOC if you have received an unfair paycheck within the last 180 days. And, if you happen to work for a federal contractor, under Executive Order 11246 your employer cannot make discriminatory employment decisions (compensation included) on the basis of race, color, religion, sex, or national origin.

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With the above in mind let’s turn to a recent example where a Maryland employer blatantly ignored the law and paid women less than men for equal work.

In July of 2013, the equal pay lawsuit was filed against Extended Stay Hotels in U.S. District Court for the District of Maryland because it was paying its male employees more than its female employees for equal work. Latoya Weaver was an experienced guest services representative for Extended Stay. She had worked for years with another hotel before Extended Stay hired her and was a model employee for five years with Extended Stay. As a guest services representative she answered telephones, made reservations, and checked guests in and out. Despite her experience, dedication, and good performance, Extended Stay paid newly hired men more than Latoya. They were performing the exact same work, Latoya had experience, was a model employee, and still, the hotel made the decision to pay men more money. Additionally, Latoya was not the only female employee Extended Stay was unlawfully underpaying.

Extended Stay’s behavior clearly violated the Equal Pay Act and Title VII. And, on February 19, 2014 the EEOC announced that Extended Stay finally decided to settle the gender pay discrimination lawsuit by paying $75,800 to Weaver and three other women, provide annual training on federal anti-discrimination laws, and post a notice about the settlement.

The fact that women make nineteen percent less than men, are “over-represented in low paying or minimum-wage jobs, and face many forms of gender discrimination” (DOL) is a powerful indicator that employers like Extended Stay continue to ignore the law and choose to discriminate against women by paying them less than their male counterparts. If you don’t believe your employer is paying you fairly you should contact an experienced employment discrimination attorney.

If you feel that you are being discriminated based on your gender or sex, then call the right attorney. It is never appropriate to discriminate against female employees. Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied a promotion, and denied wages or not receiving equal pay. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with an attorney from The Spitz Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims.

Disclaimer:

The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to gender discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.