Best Ohio Equal Pay Attorney Answer: Should I complain if my job pays me less than men? Can I sue if my company for gender discrimination if they give men higher bonuses then women? What law requires women to receive equal pay for equal work?
It seems like certain principles relating to the workplace are so well-settled that laws and protections should be unnecessary. For instance, in the early eighties a female editor for Family Circle magazine coined the term, “glass ceiling.” According to the widely accepted definition, this term refers to unspoken barriers preventing women from rising to top management positions. In the past thirty years it would seem that employers and businesses would have enacted policies to make sure that women receive equal pay for equal work.
In fact, as we have blogged about in the past, several federal and state laws prohibit employers from paying female employees less than male employees for the exact same work. The Equal Pay Act is one of the laws enacted to make sure gender is not a consideration when calculating or determining an employee’s rate of pay. To establish a violation of the Equal Pay Act, employees must show (1) that his or her employer is subject to the Act; (2) that he or she performed work in a position requiring equal skill, effort, and responsibility under similar working conditions; and (3) that he or she was paid less than the employees of the opposite sex providing the comparison.
Another federal law that prohibits gender discrimination, Title VII of the Civil Rights Act of 1964 prohibits discrimination in pay, on the basis of several different classifications, including sex. Similarly, Ohio Revised Code § 4112.02(A) makes it an unlawful discriminatory practice for any employer to pay male and female employees disparately or to “discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment” based on gender.
However, with all that being said, apparently some employers still seem to be missing the point. For instance, a company in St. Cloud, Minnesota recently agreed to pay a female employee for alleged violations of these laws for a time period from 2008 to 2011. Ultimately, Royal Tire, Inc. is paying $182,500 based on the employee’s allegations that she received $35,000.00 less per year than a male employee who previously held the same position and the employee could also point to the company’s own compensation structure, which showed her salary was $19,000 lower than what it should have been for her position.
In addition to the substantial payout, the company also has agreed to take other steps in order to prevent future violations including revising the pay structure to make sure it complies with federal law, and if a violation is discovered the company must take immediate action to remedy the situation. The company has also agreed to provide training to its employees, and allow a federal commission to oversee compliance with the requirements.
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 Spitz, The Employee’s Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims.
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 Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.