Equal Pay Act Discrimination FAQs
Questions Around Equal Pay
If you don’t think you’re getting fairly compensated at work, here are a few questions you may be asking yourself:
What Is Included In Equal Pay?
Equal Pay Act Claims Attorney: In addition to wages, the Equal Pay Act further requires employers to provide equal pensions, insurance coverage, profit sharing, vacation time, bonuses and the use of company equipment for equal work performed by employees.
Can An Employer Retaliate Against An Employee For Complaining About Unequal Pay?
Equal Pay Act Claims Attorney: No. Under all these employment discrimination laws, it is also unlawful to retaliate against any employee that opposes employment discriminatory compensation practices.
Does The Equal Pay Act Only Protect Women?
Equal Pay Act Claims Attorney: Historically, the Equal Pay Act was originally enacted to correct unfair pay differential between men and women. However, several courts have held that the Equal Pay Act applies to protect men as well.
Are Only Other Minorities Protected For Equal Pay?
Equal Pay Act Claims Attorney: Title VII does not focus on the particular race, gender, religion, or national origin of the complaining employee, but is only concerned if a disparity is based on one of these classes. As such, a Caucasian employee would have a claim if an employer was paying Hispanic employees more because of race. However, the ADEA and the ADA do not prohibit treating non-disabled or younger employees worse. As such, an employer can pay disabled employees more than non-disabled employees.
Can an Employee Ever Be Paid More For Equal Work?
Equal Pay Act Claims Attorney: As discussed above, the Equal Pay Act does allow for wage differentials if based on factors other than gender, including bona fide seniority or merit systems, bona fide occupational qualifications, or earnings systems based on production quantity or quality. However, for race, national origin, age, disability and other protected classes, the employer can pay more to any employee for any reason other than based on the protected classes or the employee engaging in protected activity.
If you’re even considering the possibility of facing pay discrimination, it’s important you talk to an attorney. Call today or send us an email to get started.
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DISCLAIMER: These answers do not constitute legal advice or guidance.