Equal Pay
The Equal Pay Act of 1963 makes it illegal for an employer to pay men and women differently if they perform substantially equal work. Factors considered in determining whether a job is substantially equal include skill, effort, responsibility, working conditions, and establishment. If you believe your employer has violated the Act, you can immediately file a lawsuit or can file a charge of discrimination with the EEOC.
The Act makes paying women and men differently for the same work because of their respective sex illegal. The work doesn't have to be exactly the same, but it must be substantially equal. Titles don't matter; job content controls whether jobs are substantially equal. You have to consider the following factors in determining whether jobs are substantially equal:
- Skill. You must consider whether the two employees have about the same level of experience, education and training.
- Effort. The amount of mental and physical exertion required must be substantially the same.
- Responsibility. The level of responsibility and accountability must be substantially the same.
- Working Conditions. Two factors are considered: physical conditions and hazards. For example a miner who works above ground works in different conditions than a miner who works down a 1000 foot deep mine shaft.
- Same Establishment. Generally, the term establishment means separate physical locations. For example, paying someone more in an office located in Alaska than in Kansas may be justified because of the differences in cost of living. On the other hand, if the HR office assigns employees to different offices in the same city, those offices may be considered the same establishment.
Why do Women feel the need to get paid exactly the same? What if the men do more? is this justified in this act?
- It became a major issue after women were given the vote
- Second World War brought an influx of female workers
- They did not return to their traditional role
- In the 1980s women working full time still only made 64% of what men made.
- Part of the problem is the type of jobs that women fill in the workforce. (The ‘pink collar’ syndrome)
- 47% of single mothers in the USA live under the poverty line
- Many women feel things won’t change until more women enter into politics