Salary inequality accounts for a large amount of sexual discrimination complaints. Employee's rights are protected against sexual discrimination in compensation under two laws: the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964.
Under the Equal Pay Act (EPA), employers are required to give men and women in the same workplace equal pay for equal work. Equal pay refers to an employee's salary, bonus, overtime pay, vacation/holiday pay, stock options, life insurance, gasoline or travel allowances, reimbursed expenses, and other benefits. The individual's jobs do not have to be identical, but they must be significantly equal. Job titles are irrelevant; it is the duties of the job that substantiates the equality.
The EPA determines whether two jobs are substantially equal by looking at the skill, effort, and responsibility needed and if they are being completed in similar working conditions in the same establishment.
The Equal Pay Act: Equal Pay for Equal Work, Regardless of Gender
Here's a little more detail about each factor:
Skill: the experience, ability, education and training required to perform a job. Skills that are not required are irrelevant, for example have an advanced degree in an unrelated field.
Effort: the physical and mental abilities needed to do the job.
Responsibility: the amount of accountability an individual is held to in their position.
Working Conditions: the physical surroundings and potential hazards that exist.
Establishment: the specific place of business.
You are not required to file a charge with the EEOC before going to court, however if you do decide to file a claim or go directly to court it must be done within two-years of the alleged violation.
If you have questions about the Equal Pay Act or would like to discuss a situation you are experiencing at work, please call us toll-free at 888-500-8469. Our attorneys are here to help you understand your rights.