3 Questions About Equal Pay Laws That May Apply To You
Do you feel like you are a victim of unequal pay at your job, and you have plenty of questions about it? If so, you'll want to know the following answers to help explain your situation better from a legal standpoint.
Are There Laws Designed To Protect Equal Pay?
The gender pay gap has been known for a very long time, which is why congress created the Equal Pay Act of 1963. In addition, each state can make laws regarding equal pay for men and women that apply only to their state. This is different from discrimination laws that are designed to help protected classes from being treated unfairly in the workplace because the Equal Pay Act is designed to protect women from being paid less than men simply because of their gender.
What Are Examples Of Equal Pay Act Violations?
You are likely wondering what is considered a violation of the equal pay act to determine if you have a valid claim on your hands. Be aware that violations do not just have to happen to you as an employee, but can even happen in the hiring process.
For example, an employer may have a neutral policy that is designed to apply to both genders, which makes it more likely that a man would qualify for the job than a woman. This includes a height or strength requirement. While there may be jobs that require strength for manual labor, the Equal Pay Act would prevent an employer from arbitrarily setting these hiring guidelines or setting them higher than what is actually required.
Once hired, there may be issues if an employer is intentionally paying men more than they are paying women. However, the key is that the act is intentional and not based on a neutral policy for hiring.
What Are The Exceptions To Equal Pay Act Violations?
There are a few situations where the Equal Pay Act would not apply, with the main one being a bona fide factor related to the job being performed. This includes things such as having more education, experience, or training. Seniority can also play into pay differences if someone has been employed longer than the other.
Other exceptions include merit systems where an employee outperforms another employee, or if someone produces more than another person. That could mean making more sales in a commission-based job.
Reach out to an employment lawyer in your area to learn more about equal pay.
