Equal Pay
In 1963, Congress passed the Equal Pay Act. This law requires that men and women be given equal pay for equal work when the jobs require equal skill, effort and responsibility and are performed under similar working conditions within the same place of business. Under the act, a person's job title is not as important as the job content.
What is meant by the terms "skill," "effort," "responsibility" and "working conditions"?
- Effort. The amount of physical or mental exertion needed to perform a job.
- Skill. Factors such as experience, ability, education and training required to do the job.
- Responsibility. The degree of accountability required in the performance of the job.
- Working conditions. the environmental surroundings and physical hazards of the job.
Are there any pay differences between men and women that are legal under the EPA?
Yes, if the compensation is based upon a seniority system, a merit system, a system that measures earnings by quality and quantity of production or where the differential is based on a factor other than sex.
Can I pay a woman with more education more than a man for the same job?
The answer depends on whether the additional education is required to do the job. If it is nice to have but not required, a distinction cannot be drawn with respect to compensation.
I think a coworker is making more than I am for doing the same job. What can I do?
Before taking any action, it is important to determine if the work that you are doing is actually the same. Are the same amounts of hours being worked? Does one person work in the office and the other out on the factory floor? Is there a higher level of skill required for one job over the other? If there truly is a difference, then a pay differential may be warranted. If not, contact the Equal Employment Opportunity Commission (EEOC) regarding your equal pay concerns.
My employer says that I get paid less than my coworker because he has a family, whereas I am single. Should this affect my salary?
No. If you believe you have been treated differently because of your gender, race, national origin or marital status, you can file a complaint with the EEOC for equal pay. You do not need a lawyer; the EEOC will help you prepare the case and advise you of additional rights you may have or steps you should take (including any requirements for filing complaints with state agencies).