Equal Pay
Equal Pay
The federal Equal Pay Act (EPA) was passed in 1963. This Act aims to abolish wage disparity based on sex and seeks to ensure that equal work is rewarded by equal wages. To this end, the EPA prohibits employers from discriminating against employees based on sex by paying different wages for equal work that requires equal skill, effort and responsibilities and are performed under similar working conditions. 29 U.S.C. §206(d)(1). Nevertheless, women still make 80 cents for every dollar earned by male co-workers performing the same type of work.
Frequently Asked Questions about the Equal Pay Act:
Question 1: Do the jobs being performed need to be identical for the EPA to apply?
Answer: In short, no. The jobs do not need to be identical, however, the following
requirements do apply:
· a significant portion of the job tasks are the same for the positions being compared;
· the two jobs involve similar levels of skill, which means similar levels of experience, ability,
education, and training;
· the two jobs involve similar levels of mental and physical exertion;
· the two jobs involve similar levels of responsibility or accountability; and
· the two jobs are performed under similar working conditions.
Question 2: Does the job need to be performed in the same place?
Answer: In general, yes; the exception being that workers at different work sites may be compared if the same managers oversee the operations of both locations and workers often transfer between the locations.
Question 3: When is it acceptable for someone of the opposite sex, who is doing the same job at the same location, to be paid more?
Answer: Under limited circumstances, an employer is allowed to pay someone of the opposite sex more, even though he or she may be performing the same job. In order for the employer to justify the higher pay, the employer needs to show that the higher pay is justified by one of the following:
a seniority system that rewards employees based on length of employment;
a merit system that rewards employees for exceptional job performance;
an incentive system that pays employees based on the quality of their work or the amount of work they perform; or
another factor related to job performance or business operations, such as paying a shift differential to workers on less popular shifts.
What to do next:
If you believe your employer has violated the Equal Pay Act, contact an equal pay attorney at the Tyler Allen Law Firm for a consultation. Simply fill out the form on this page or call us at (602) 456-0545 to speak with an attorney. As always, we’re here to help.