Different pay for unequal jobs OK

February 16, 2014 0 COMMENTS

by Charles S. Plumb

The Equal Pay Act of 1963 (EPA) prohibits sex-based discrimination in pay and benefits. Employers shouldn’t pay different wages to employees of the opposite sex for substantially equal work. “Substantially equal” work doesn’t mean identical work. It means substantially equal in terms of required skills, effort, and responsibilities.   EqualPay3

An employer can defeat an EPA claim of discriminatory compensation if it shows the difference in wages was on account of seniority, merit, quantity or quality of work, or any factor other than sex. Such was the case for FNGP, an auto parts manufacturer.

read more…

She works hard for the money

May 19, 2013 0 COMMENTS

by Kylie Crawford TenBrook

Several years ago, I attended a celebration for one of my brothers, who had just become an Eagle Scout. Several relatives were there, including some distant relatives I hadn’t seen in years. One of those distant relatives, who is close to my age, approached me, and the following exchange took place. (The comments in parentheses are my thoughts as the conversation progressed. Please take my fresh-out-of-law- school cockiness with a grain of salt―I have been severely humbled since then.)

Relative: So, Kylie, what are you doing these days?

read more…

Defense of wage discrimination claims for the present and beyond

January 20, 2013 0 COMMENTS

by Jason R. Mau

Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to gain support in the Senate and was reintroduced in both houses of Congress in the spring of 2011. In June 2012, the bill again failed to gain the necessary support in the Senate.

The reintroduced legislation included provisions that would have enhanced employers’ burden of proof when defending against EPA claims. Those provisions are in addition to proposed amendments to the Fair Labor Standards Act (FLSA) that would allow for enhanced penalties, protection from retaliation for initiating an investigation or discussion of employee wages, programs for negotiation skills training, collection of pay information for research, and establishment of a national award for pay equity in the workplace. read more…