How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
10 Employment Lawyers are Online Now

Questions about the Equal Pay Act

The Equal Pay Act protects men and women from gender discrimination by ensuring they are to be paid equal pay for equal work in the same establishment. This doesn’t mean that the jobs need to be identical, but they need to be substantially equal. It is the content of the job, not the title that determines if jobs are substantially equal. Employment Lawyers on JustAnswer can answer any type of Equal Pay Act question that you may have. Below are five of the top Equal Pay Act questions that have been answered by the Experts.

How does the Equal Pay Act affect pay rates between male and female employees?

The Equal Pay Act ensures that employees cannot be paid different wages based on race/sex/age/national origin. For example, if there are two employees performing the same task and they both have the same training and are at the same experience level but one is being paid less due to race/sex/age/origin, this would be a violation of the Equal Pay Act. If a female employee were to replace a male employee but has the same experience level and qualifications, the female should make the same wage as the male employee. However, if a new hire were to replace the person, due to lack of experience, they could be paid a different wage. Government jobs are waged using a pay scale. As long as government employees are paid according to the pay scale, even though they may not make the same as the person they replace, this would not be a violation of the act.

According to the Equal Pay Act, is there a timeframe for making a comparable claim?

Usually, this should be done in present time. Your whole reason for the comparable claim is to show that you are being treated differently than another employee. Many things can change over time such as the economy, the management etc. You should be able to show that both employees have the same job, same supervisor, same management, everything but gender. If you are a woman who is claiming unequal pay between men and yourself, and you wait a few years, it is possible that the men would be making the same wages as you were. This could make your claims appear more economic rather than discriminatory.

What should a woman do if her male co workers make more money than she does for the same job position?

Before you do anything outside of the company, you must first do everything possible to remedy the situation with your employer. This means you could ask your employer to raise your wages to match the male coworkers. If that does not change anything, you could file a gender discrimination complaint with your company’s HR. These steps have to be taken in order for the EEOC to consider your complaint. Under law, your employer cannot retaliate against you for filing a gender discrimination claim. You should tell your employer what you expect as far as a raise, why you think you should get the raise using your work experience, qualifications, years of service, etc. Make sure to have your request in writing and keep all correspondence. Wait for a response from your employer, if there is no response, you can file the complaint with EEOC.

What would be the best first step when handling an equal pay issue with an employer?

Usually, the best solution for everyone concerned would be to speak with your employer. Give your employer the opportunity to hear your complaint and why you think you should be getting equal pay. It could be a simple oversight on your employer’s part and the issue can be resolved without any outside involvement. However, if your employer refuses your request, you then have recourse to sue for violation of the Equal Pay Act. There are several federal laws protecting the rights of employees to be free from compensation discrimination. Most employers would rather not have such negative exposure drawn to their company.

Is an employer required to pay all employees the same wage?

Employers are not required to pay all employees the same wage. There are many factors that determine an employee’s wages. For example, an employer usually pays the employee based on seniority, performance, merit raises, etc. Employers are not allowed to base employee wages on race, sex, age, or disability. Employers who make pay decisions based on these factors would be in violation of the Equal Pay Act of 1963.

Workplace discrimination in any form can be hard to deal with. Being discriminated against at work and having it affect your pay can be unsettling and can raise many questions about your legal rights. You don’t want to rely only on friendly advice from family and friends on things that could impact your future and career. When you have legal questions about the Equal Pay Act, take your questions to Family Lawyers on JustAnswer. The experts can answer your questions and offer a solution for your individual situation.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
10 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21234
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21234
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18402
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8497
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3861
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)