what is equal pay act protection and course decisions

The Equal Pay Act of 1963, which makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also protects you from retaliation if you complain about discrimination or participate in an EEOC proceeding (for example, a discrimination investigation or lawsuit).

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What does the Equal Pay Act say about compensation?

Equal Pay/Compensation Discrimination The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.

What did the Equal Pay Act of 1963 do Quizlet?

Equal Pay Act of 1963. The Equal Pay Act, signed in to law by President John F. Kennedy on June 10, 1963, was one of the first federal anti-discrimination laws that addressed wage differences based on gender. The Act made it illegal to pay men and women working in the same place different salaries for similar work.

What are the States with equal pay laws?

Pay Transparency and Equal Pay Protections State Equal Pay Laws Summary ALABAMA Clarke-Figures Equal Pay Act Protection: ... ALASKA Arkansas Wage Discrimination Law Protect ... ARIZONA ARKANSAS Arkansas Wage Discrimination Law Protect ... 14 more rows ...

Why is it important to provide equal pay?

It is important to provide equal pay in order to comply with the law by identifying, explaining and eliminating unjustifiable pay gaps, and to and to contribute to a fairer society in which everyone has equal opportunities. If you do not act lawfully, you are at risk of:

What does the Equal Pay Act protect against?

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.

What are the four items that must be the same for the Equal Pay Act to apply?

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

What are the four defenses available to an employer under the Equal Pay Act?

The California Equal Pay Act does contain four exemptions that an employer can use as a defense to gender pay differences: (1) a seniority system (differences in pay based on the length of service with the employer); (2) a merit system (e.g. differences in pay based on written performance evaluations); (3) a system ...

Why is the Equal Pay Act important?

The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. The Equal Pay Act (EPA) protects both men and women.

When two workers make the same job pay different?

Pay/compensation discrimination occurs when employees performing substantially equal work do not receive the same pay for their work. It is job content and not job titles that determine whether or not jobs are substantially equal.

What is meant by equal pay?

By law, men and women must get equal pay for doing 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value). This means someone must not get less pay compared to someone who is both: the opposite sex. doing equal work for the same employer.

Which of the following violates the Equal Pay Act?

If a female employee's work is equal to a male employee's work, they need to be paid equally under the EPA and vice versa. When employees of one sex are paid less than others who do equal work, this could violate the EPA.

What is the main intent of the Equal Pay Act of 1963?

To prohibit discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Equal Pay Act of 1963."

What three actions can employers take to reduce the cost of wages?

Employers can adjust to paying higher wages in three ways: (1) increasing prices, (2) accepting reduced profits, or (3) offsetting higher-wage costs with increased ability by adopting “high-road” practices.

What was the impact of the Equal Pay Act?

EFFECTS OF THE EQUAL PAY ACT Combined with increased education and career opportunities for women, these regulations have been credited with helping to narrow the gender wage gap in the United States. Nevertheless, studies show that women are still paid less than men on average.

Why is pay important to employees?

When employees are adequately compensated, they feel motivated to come to work. Their morale remains high, and their job satisfaction levels increase. High morale ensures that employees are motivated enough to come to work every day and deliver work to the best of their abilities.

How does equal pay benefit the economy?

Equal Pay Would Reduce Poverty for Working Women in Each State. Closing the gender wage gap would lower the poverty rates among women in every U.S. state and help many women and families achieve economic security.

Why was the Equal Pay Act created?

The Equal Pay Act was an effort to correct a centuries-old problem of gender-based wage discrimination. Women made up a quarter of the American workforce by the early 20th century, but they were traditionally paid far less than men, even in cases where they performed the same job.

What are the effects of the Equal Pay Act?

Under the regulations of the Equal Pay Act, employees who believe they are being discriminated against can either file a complaint with the Equal Employment Opportunity Commission or directly sue their employer in court.

What is equal pay?

The Equal Pay Act is a labor law that prohibits gender-based wage discrimination in the United States. Signed by President Kennedy in 1963 as an amendment to the Fair Labor Standards Act, the law mandates equal pay for equal work by forbidding employers from paying men and women different wages or benefits for doing jobs that require the same skills and responsibilities. The bill was among the first laws in American history aimed at reducing gender discrimination in the workplace.

What laws were passed to prevent discrimination?

OTHER EQUAL PAY LAWS. Following the passage of the Equal Pay Act, several other laws were enacted with the aim of reducing employment discrimination. Perhaps the most important was Title VII of the Civil Rights Act of 1964, which banned employers from discriminating on the basis of “race, color, religion, sex, or national origin.”.

Which amendment expanded the scope of the Equal Pay Act?

The Educational Amendment of 1972, meanwhile, expanded the reach of the Equal Pay Act to include white-collar executive, professional and administrative jobs—categories that had been exempted under the original law.

When did women get equal pay?

Three years later in 1945, the U.S. Congress introduced the Women’s Equal Pay Act, which would have made it illegal to pay women less than men for work of “comparable quality and quantity.”. The measure failed to pass, however, and despite campaigns by women’s groups, little progress was made on pay equity during the 1950s.

Who helped pass the Equal Pay Act?

Representatives Katharine St. George and Edith Green helped lead the charge for a bill in Congress. Despite the opposition of powerful business groups such as the Chamber of Commerce and the Retail Merchants Association, Congress passed the Equal Pay Act in 1963 as an amendment to the Fair Labor Standards Act of 1938. Recommended for you.

What is equal pay?

Equal pay. Now is the time to address equity in wages. This means increasing pay transparency, disrupting occupational segregation, eliminating discrimination, increasing access to paid leave, child and elder care, and adding good jobs and women in those jobs to build the economy we all need to thrive.

What is equal pay in California?

California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.

What is the Arkansas Civil Rights Act?

Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination.

Who developed the gender pay disparity study?

This report was developed by the Census Bureau and the Women’s Bureau and funded in whole or in part by the U.S. Department of Labor. Gender-Based Pay Disparity Study. This report was developed by 2M Research and funded in whole or in part by the U.S. Department of Labor.

Does Arkansas have a wage discrimination law?

Arkansas Wage Discrimination Law Protection: Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of sex of the employee . Ark.

What was the meaning of the Equal Pay Act?

In 1945, Congress introduced the Women's Equal Pay Act which contained the phrase "comparable work. ". This meant equal pay for different jobs in the same workplace. Pay was to be determined by comparing the worth and/or difficulty of the jobs. The phrase was the subject of heated debate and the bill failed to pass.

Who wrote the Equal Pay Act?

The Equal Pay Act is Born. Esther Peterson writing at a meeting of the President's Commission on the Status of Women, 1962. Franklin D. Roosevelt Library. In 1961, labor activist Esther Peterson was appointed to head the Women's Bureau in the Department of Labor, which was responsible for administering gender-issue labor laws.

Why did unions advocate for equal pay?

They felt that this would prevent employers from undercutting future wages for men. In addition, the National War Labor Board endorsed the idea of equal pay for equal work.

What was the first federal law to address wage differences based on gender?

The Equal Pay Act, signed in to law by President John F. Kennedy on June 10, 1963, was one of the first federal anti-discrimination laws that addressed wage differences based on gender. The Act made it illegal to pay men and women working in the same place different salaries for similar work.

Which organization endorsed the idea of equal pay for equal work?

In addition, the National War Labor Board endorsed the idea of equal pay for equal work. They issued a General Order supporting equal pay for men and women for work that was of "comparable quality and quantity.".

Who was the first woman to propose an equal pay bill?

She gathered data, built coalitions, and won over opponents in a successful campaign to bring an Equal Pay Act before Congress. In February of 1963, Esther Peterson submitted a draft bill of an Equal Pay Act to Congress on behalf of the Kennedy administration. The draft bill called for equal pay for "comparable work.".

Did the women's bill pass after the war?

The phrase was the subject of heated debate and the bill failed to pass. After the war, federal and civilian policies allowed employers to replace female workers with males. Many companies would only hire men, even if they had hired women during the war.

What is equal pay discrimination?

Equal Pay/Compensation Discrimination. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.

Is it illegal to discriminate based on sex in pay and benefits?

Equal Pay/Compensation and Sex Discrimination. Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII.

Can an employer reduce wages of either gender?

If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand.

Why is equal pay important?

It is important to provide equal pay in order to comply with the law by identifying, explaining and eliminating unjustifiable pay gaps, and to and to contribute to a fairer society in which everyone has equal opportunities. If you do not act lawfully, you are at risk of:

What are the risks of equal pay?

You might assume that you are providing equal pay, however many common practices can lead to risks with equal pay, such as: lack of transparency in your pay and grading system. discretionary pay systems. out of date job evaluations. non-payment of contractual bonuses during maternity leave.

What is the presumption that a woman is doing equal work to a man?

If a woman proves that she is doing equal work to a man, there is a legal presumption that any difference in their pay is because of their sex, unless the employer can show that a ‘material factor’ explains the difference.

What happens if you don't get equal pay?

You are at risk of an expensive employment tribunal case and reputational damage if you do not provide equal pay. Equal pay applies to all contractual terms, not just pay. This includes: basic pay. non-discretionary bonuses. overtime rates and allowances. performance-related benefits. severance and redundancy pay.

What are the elements of a fair pay system?

The core elements of a fair pay system include: Producing an equal pay policy. Creating clear and transparent job descriptions and titles.

What is equal work?

There are three kinds of equal work: like work is the same or broadly similar. It involves similar tasks which require similar knowledge and skills, and any differences in the work are not of practical importance.

Is equal work similar to work of equal value?

work of equal value is not similar and has not been rated as equivalent, but is of equal value in terms of demands such as effort, skill and decision-making. Learn more about equal work and see examples.

What is the Equal Pay Act?

Equal Pay Act. The Equal Pay Act requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal. Specifically, the EPA provides that employers may not pay unequal ...

What is the right of an employee to be free from discrimination in their compensation?

Equal Employment Opportunity Commission: the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990.

What is neutral compensation?

An employer sets the compensation for jobs predominately held by, for example, women or African-Americans below that suggested by the employer's job evaluation study, while the pay for jobs predominately held by men or whites is consistent with the level suggested by the job evaluation study . An employer maintains a neutral compensation policy ...

What are the two factors that affect the prohibition against compensation discrimination under the EPA?

This encompasses two factors: (1) physical surroundings like temperature, fumes, and ventilation ; and (2) hazards. The prohibition against compensation discrimination under the EPA applies only to jobs within an establishment.

What is compensation discrimination?

The law against compensation discrimination includes all payments made to or on behalf employees as remuneration for employment. All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, ...

When is a pay differential allowed?

Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. These are known as "affirmative defenses" and it is the employer's burden to prove that they apply. In correcting a pay differential, no employee's pay may be reduced.

Is it illegal to retaliate against an individual for opposing employment practices?

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on compensation or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII, ADEA, ADA or the Equal Pay Act.

Which states require equal pay?

Idaho. Employers must pay equal wages for equal work and can't use gender to set compensation. Employers also can't discriminate against employees in compensation based on race, color, religion, sex, national origin, age, or disability. Illinois.

What laws protect employees from discrimination?

Employees are protected from discrimination for compensation under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission. The Equal Pay Act of 1963: Prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, ...

What is the Title I of the Americans with Disabilities Act?

Title I of the Americans with Disabilities Act of 1990: Prohibits discrimination against a qualified individual on the basis of disability. The applies to job application procedures, hiring, advancement, discharge, employee compensation, job training, and other terms, conditions, and privileges of employment.

How to address gender pay gap?

To address the gender pay gap and ensure pay equity, states have established laws that seek to eliminate pay differences based on sex. In some cases, these measures apply to other protected categories as well. Most states have laws prohibiting wage discrimination based on sex.

When was the Lilly Ledbetter Fair Pay Act enacted?

She argued that each paycheck amounted to a fresh instance of discrimination. After the court decision, t he Lilly Ledbetter Fair Pay Act was enacted in 2009, to restore protections against pay discrimination.

Which states don't discriminate against employees?

South Carolina. Employers can't discriminate against employees in compensation based on race, religion, color, sex, age, national origin or disability. South Dakota. Employers can't discriminate based on sex in the payment of wages and compensation.

Can employers discriminate based on sex?

Employers can't discriminate based on sex, based on mental or physical disability, or against African-Americans (effective Jan. 1, 2019) in the payment of wages. Employers also can't discriminate against employees because they ask about, disclose, compare, or otherwise discuss their wages or other employees' wages.

What is the Federal Salary Council?

The Federal Salary Council evaluates surveys conducted by the U.S. Bureau of Labor Statistics of salary data for non-federal jobs throughout the country. The Federal Prevailing Rate Advisory Committee surveys private employers, at least every two years, to determine the prevailing wage in designated regions throughout the country.

Should equal pay be provided for work of equal value?

“Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.”

Does the MSPB have jurisdiction over performance recognition?

The MSPB does not generally have jurisdiction over performance recognition questions. However, the failure of an agency to grant a within-grade salary increase or its decision to demote or remove an employee for poor performance may be appealed to the MSPB. 5 U.S.C. § 4303 (e); 5 C.F.R. §§ 432.106 (a); 531.410 (d); 752.405 (a).

Is Equal Pay Act an affirmative defense?

An Equal Pay Act claim may be alleged as an affirmative defense in an MSPB mixed case in which the MSPB has jurisdiction over an adverse action. 5 U.S.C. §§ 2302 (b) (1) (C), 7702 (a) (1) (B) (ii). Issues involving pay setting may also come before the MSPB in a whistleblower reprisal case, because “a decision concerning pay” is a covered “personnel ...

When was the Equal Pay Act signed?

50th Anniversary of Equal Pay Act. This year marks the 50th anniversary of President John F. Kennedy's signing of the Equal Pay Act of 1963 . This landmark piece of federal anti-discrimination law was one of the very first to address gender-based pay disparities.

What is pay equity?

Pay Equity - Cases. The ACLU works to end discrimination in the workplace and ensure that all workers — regardless of sex, race, national origin, age or disability—are able to bring home every dollar they rightfully earn. As a result of discrimination, including employers’ reliance on gender stereotypes, women lack parity with men in earnings.

What is the ACLU's pay equity?

The ACLU works to end discrimination in the workplace and ensure that all workers — regardless of sex, race, national origin, age or disability—are able to bring home every dollar they rightfully earn.