What is pay or compensation discrimination? 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 the concept of equal pay?
Equal Pay is when men and women receive equal pay for work of equal or comparable value . In practical terms, this means that: men and women performing the same work are paid the same amount. men and women performing different work of equal or comparable value are paid the same amount.
How do you prove equal pay discrimination?
In order to prove wage discrimination under the Equal Pay Act, you will be required to show that the job you are working is equal to the job held by a counterpart of the opposite sex.
What is an example of wage discrimination?
Wage discrimination means paying someone less because of their gender, race, age, or religion. Paying an employee less because of a protected characteristic violates the law. For example, paying women less than men for the same work qualifies as wage discrimination.
Is it illegal to pay different wages for the same job?
You are entitled to the same pay as anyone doing the same or broadly similar job, or a job of equal value, regardless of gender. There are strict time limits on when you can lodge a claim. If your employer is not treating you equally, they are breaking the law.
Can I sue for pay discrimination?
3. 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.
How do I prove unfair payment?
- seniority;
- merit;
- a system that measures production; and/or.
- a “bona fide factor other than sex, race, or ethnicity.”
Why is equal pay so important?
1. Lower earnings make it harder for women to take care of their families. A report from the Institute For Women’s Policy Research found that if women were paid fairly, single women’s income would rise by 13.4 percent, single mothers would earn 17 percent more, and married women’s income would increase by 6 percent.
What is the law on equal pay for equal work?
Under the Fair Work Act , the Fair Work Commission can make an equal remuneration order, which requires certain employees be given equal remuneration for work of equal or comparable value. An application for an equal remuneration order can be made by: ... a union representing an employee. the Sex Discrimination Commissioner ...
Can you pay someone less for doing the same job?
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.
Can I sue for equal pay?
The Equal Pay Act (Labor Code section 1197.5) – You may file a lawsuit under the Equal Pay Act if you file within two years after the cause of action occurs (or within three years if it is determined to be a “willful” violation).
What is illegal discrimination?
Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Can I sue my employer for unfair wages?
When an employer fails to follow California wage and hour laws, you may be able to recover the unpaid wages through filing a wage claim with the labor commissioner or filing a lawsuit against your employer. Lawsuits against employers for California labor law violations may include: ... Late payment of wages.
Can I pay an employee two different rates?
Employers may pay employees more than one rate of pay . ... As long as the alternative rate provides at least minimum wage for all hours worked, employers may establish different rates of pay. Of course, if an employee works more than 40 hours in a workweek, the employer must provide overtime pay.
Can employees in same job be classified differently?
However, while it is possible to classify employees with the same job duties differently if their experience varies, Jesse Panuccio, an attorney at Foley & Lardner in Miami, opined that “If employees have the same job title and job duties, they generally should have the same FLSA [Fair Labor Standards Act] ...
Can you legally decrease someone’s pay?
In general, your employer can reduce your salary for any lawful reason . There is no specific California labor law which prohibits an employer from reducing an employee’s compensation.
