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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.
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