What Is Pay Discrimination?

by | Last updated on January 24, 2024

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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. ... Discrimination can occur due to sex or race, which are both prohibited under federal law.

What can you do about wage discrimination?

File a complaint with a government agency or a lawsuit in court . If you reported the pay discrimination to your employer and they have not fixed it, or if you choose not to pursue the matter internally, you can file a complaint with the EEOC or your state’s enforcement agency. (File a complaint in California.)

What is wage discrimination discuss the types 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.

How do you prove salary discrimination?

Under a Title VII wage discrimination claim, an employee must first prove: 1) membership in a protected group and that he or she was qualified for the position worked in; 2) an employer is practicing wage differentials based on the employee’s membership in the protected group and this has given rise to an inference of ...

What are the types of discrimination in the workplace?

The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

What are some examples of discrimination?

  • Age Discrimination.
  • Disability Discrimination.
  • Sexual Orientation.
  • Status as a Parent.
  • Religious Discrimination.
  • National Origin.
  • Pregnancy.
  • Sexual Harassment.

What are the odds of winning a discrimination case?

In 2009, the Harvard Law and Policy Review published an article about those odds, “Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?” The authors found that employees won their lawsuits against their employers only 15% of the time , whereas in non-employment law cases, plaintiffs won 51% of the ...

Can I sue for being underpaid?

Can You Sue a Company for Underpaying You? Yes, you can sue for being underpaid . First, you need to submit a claim through WHD (more on this below) and wait for WHD to investigate the claim. They will decide if the claim is valid and submit a legal order for your employer to pay what you are owed.

How can wage discrimination be prevented?

  1. Step 1: Understand the Laws. ...
  2. Step 2: Institute a Policy Prohibiting Wage Discrimination. ...
  3. Step 3: Make Decisions Based on Skill and Performance. ...
  4. Step 4: Train Supervisors and Managers to Avoid Wage Discrimination.

Can 2 employees doing the same job be paid differently?

Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. California law now prohibits an employer from paying its employees less than employees of the opposite sex , or of another race, or of another ethnicity for substantially similar work.

Is it illegal to share salary information?

The Act prohibits employers from forbidding employees from discussing their wages or the wages of other employees. ... Pay secrecy policies, whether formal or informal, often reflect an effort by an employer to conceal wage discrimination.

Can I be paid 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 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.

What are the 4 types of discrimination?

  • Direct discrimination.
  • Indirect discrimination.
  • Harassment.
  • Victimisation.

What is work discrimination examples?

Some examples of discrimination in the workplace include when an employer, supervisor, or co-worker treats another employee unfairly based on religion, age, ethnicity, gender, disability, skin color, or race . This goes beyond workplace behavior to also encompass hiring and firing practices.

What are the most common discrimination offenses?

  • Retaliation Discrimination. Retaliation Discrimination is far and away the most common type of discrimination. ...
  • Racial Discrimination. ...
  • Disability Discrimination. ...
  • Sexual Discrimination (Sexism) ...
  • Age Discrimination (Ageism)
Amira Khan
Author
Amira Khan
Amira Khan is a philosopher and scholar of religion with a Ph.D. in philosophy and theology. Amira's expertise includes the history of philosophy and religion, ethics, and the philosophy of science. She is passionate about helping readers navigate complex philosophical and religious concepts in a clear and accessible way.