What are the exceptions to the Equal Pay Act?

The Equal Pay Act (EPA) provides that employers must provide equal pay between employees for equal work—work that requires “equal skill, effort, and responsibility” and is performed under “similar working conditions.”3 The EPA provides four exceptions to this general rule, where pay disparities are made pursuant to: (1 …

How do you prove unequal pay?

Under the current law, an employer can defeat an Equal Pay Act claim by proving that the difference in pay for substantially similar work is due to:

1. seniority;
2. merit;
3. a system that measures production; and/or.
4. a “bona fide factor other than sex, race, or ethnicity.”

Can you sue a company for unequal pay?

Sue (file a lawsuit against) your employer for pay discrimination. Under the federal Equal Pay Act and the California Fair Pay Act, you can go straight to court. You are not required to first file a charge with a government agency.

Can 2 employees doing the same job be paid differently?

There may be legitimate reasons for the pay disparity. But sometimes, there may not be, and a salary analysis may be advisable. Not only that, there could be legal issues involved, so an HR department’s response needs to be well-considered.

What does the Equal Pay Act cover?

The Equal Pay Act (EPA) protects both men and women. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

How do you deal with unequal pay?

Unfortunately, salary inequality and gender discrimination are still prevalent in today’s workforce….Here are some steps you can take to address inequality in the workplace.

1. Do your research.
2. Bring it to your employer’s attention.
3. Don’t play the blame game.
4. If needed, escalate the situation.
5. Be willing to leave.

Is it legal to pay someone more for the same job?

Pay Equity Act The Equal Pay Act doesn’t allow your employer to pay you less than a coworker doing a similar job. Congress passed the EPA in 1963, mostly to ensure that women earn the same pay rates as men doing similar work.

Is it legal to pay employees different wages for the same job?

What laws prohibit pay/compensation discrimination? Equal Pay Act- requires that man and women be given equal pay for equal work in the same establishment. The jobs do not need to be identical, but they must be substantially equal. ADEA – Age Discrimination in Employment Act of 1967.

Is it legal to pay different wages for the same job?

What laws prohibit pay/compensation discrimination? Specifically the EPA provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

Can a person challenge the legality of a seniority system?

A person challenging the legality of a seniority system in this context can charge both the employer and the union that created the system through collective bargaining (see §§ 616.2 and 616.8) as respondents.

How are seniority systems created in the workplace?

Most seniority systems are created as a result of negotiation between one or more unions acting as representatives of the employees, and one or more employers. These negotiations will usually produce a collective bargaining agreement or contract between the union (s) and employer (s). The seniority system will be set out in the agreement.

Can a company pay men more than women?

Seniority systems can be used by companies to legally justify paying men more than women. a. True b. False a. True 9. Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or age.

Is the seniority system protected under Title VII?

First, while § 703 (h) of Title VII only mentions employers, if the seniority system is found to be bona fide then both the employer and the union will be protected from liability under Title VII.