Helpful Tips When Dealing with a Gender Pay Gap
The gender pay gap has been a contested workplace issue for decades. Companies that justify wage discrepancies between men and women often claim it relates directly to prior salaries — meaning women are paid less at a new job because they were paid less at a previous one.
However, courts have ruled that using a man’s or a woman’s previous salary as a basis for setting pay violates the 1963 Equal Pay Act, making it illegal to justify unequal wages based on past earnings. Although some states have passed laws prohibiting employers from asking about prior wages during the hiring process, this ruling reinforces that women cannot be paid less than men for performing the same job based on prior salary history.
Additionally, the National Labor Relations Act (NLRA) protects employees’ rights to discuss wages and working conditions openly, a critical tool in exposing and addressing unfair pay practices. The NLRA empowers workers to collectively advocate for equal pay without fear of retaliation, reinforcing legal protections against wage discrimination in the workplace.
What Is the Gender Pay Gap?
The gender pay gap is between men’s and women’s average earnings in the workforce. It measures the inequality in pay between genders and can be seen through statistics that show women are paid less than men on average, even though they may hold similar positions or have comparable qualifications.
This gap has been an ongoing issue in many industries, with some studies showing that women earn only 80 cents for every dollar earned by their male counterparts. Furthermore, this gap becomes more pronounced for women of color, with African American and Hispanic women earning even less compared to white men.
EPA Legal Protections Against Pay Discrimination
The Equal Pay Act of 1963 and the recent court ruling provide legal protection against pay discrimination based on gender. According to the Equal Employment Opportunity Commission (EEOC), it is illegal for employers to pay employees differently based on their gender for equal work, skill, effort, and responsibility.
Under the law, employers are prohibited from asking about an employee’s previous salary during the hiring process. They cannot use this information as a justification for paying them less than someone of a different gender in the same position. This prevents perpetuating the cycle of unequal pay from one job to another.
Furthermore, if employees believe they are being paid less due to gender, they can reach out to Wenzel Fenton Cabassa P.A. in order to take legal action. Employees must understand their rights and protections under these laws to address pay discrimination effectively.
Dealing with Equal Pay Issues
Understanding that a pay gap exists is the first step, but knowing how to address it is just as important. To advocate for fair compensation, you must determine what you should earn and gather the correct information to support your case.
Determine How Much You Should Be Paid
Understanding your rights is the first step. Next, you will need to:
- Determine how much you should be paid per industry standards
- Compare your background, experience, and job duties with those of the person who is being paid more than you
- Contact Wenzel Fenton Cabassa P.A.
Hire an Employment & Labor Law Attorney
If your pay-raise attempts are denied and you genuinely believe you’re being paid less than your male counterpart based on gender, you should seriously consider getting help from an attorney. An employment discrimination attorney, to be specific, can help you out in this instance.
We specialize in cases like yours and know exactly what it takes to build a convincing case. Should you go to court, we can compile ample evidence to show exactly how your pay is unlawfully lower than it should be based on your gender. Our attorneys will evaluate your facts to determine if you have suffered a violation of the Equal Pay Act, and they’ll take the appropriate steps to protect your legal rights to equal pay.
Being paid less just because of your gender is a complex and angering situation to be put in. You deserve equal treatment and pay, and you can get both when you respond to this pay discrepancy in a proactive manner. If you gather evidence, don’t remain quiet, and seek legal counsel when the time is right, you can get justice and pay, which is entirely fair.
If you are a victim of equal pay discrimination, contact our office today for a free case evaluation. We’ll discuss how we can help you seek justice and explore the possibility of representing you in an equal pay discrimination lawsuit. Take the first step toward protecting your rights. Contact us today.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.
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