In this case, the employer can lawfully pay a higher rate to the persons who perform the extra task. However, if the EEOC determines that the respondent client had no involvement in or control over the wages paid to the worker, it may decline to pursue relief against the client. ii) Determining Whether a Statistically Significant Pattern Exists, Despite longstanding prohibitions against compensation discrimination under the federal EEO laws, pay disparities persist between workers in various demographic groups. . 29 U.S.C. CP claims that the disparity between her compensation and that provided to male full-time employees performing the same job violates the EPA. 1975) (school district was one "establishment"). 1989); Tidwell v. Fort Howard Corp., 989 F.2d 406, 410 (10th Cir. In order to prove equal pay discrimination, you would need to prove that certain groups of people (or protected classifications of people) are not receiving equal pay. The evidence shows that the job of CP's predecessor required expert training in diagnostic techniques and a high degree of specialized computer skill. (32) This differs from the basic comparison of raw numbers or percentages, which is known as descriptive statistics. See Irby, 44 F.3d at 955 (prior salary alone cannot justify pay disparity under EPA, but there is no prohibition on utilizing prior pay as one of a mixture of motives, such as prior pay and more … denied, 464 U.S. 915 (1983). If you feel comfortable talking to your boss about it, it may be possible to amicably work out a solution. Example 28: Same as Example 26, except the only difference in responsibility between the jobs of CP and her comparator is that the comparator occasionally is given the responsibility for performing a "walk around" inside the building at the end of the day to make sure nothing is out of the ordinary. The evidence shows, however, that the program is not bona fide because it is not a formal one, no other employees are identified as participants in the program, and the comparator does not receive any formal instruction or even know that he is in a management training program. Example 45: Same as Example 44, except CP demonstrates through documentary and medical evidence that she is entitled to $10,000 in Title VII compensatory damages for emotional harm and medical expenses incurred as a result of complaining about her salary disparity but being ignored. The male instructor is paid a weekly salary, but the female instructor is paid by the lesson. If that is happening to you, it’s important to know what you need to prove your case. Pay discrimination based on an employee's membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws. These types of unlawful practices can include, for example, discriminatory promotion decisions, performance appraisals, procedures for assigning work, or training opportunities, or a company practice of steering protected class members into low paying jobs or limiting their opportunity to transfer to better jobs. In the area they served there were no buildings higher than three flights so unless they answered a call in a town over 40 minutes away their firemen would never have to actually perform this job duty. competent and experienced employment law attorney. This is in addition to backpay ($17,250) and liquidated damages ($17,250). The respondent claims that the compensation disparity is justified because wages are paid under a merit system. The terms include (but are not limited to) payments whether paid periodically or at a later date, and whether called wages, salary, overtime pay; bonuses; vacation and holiday pay; cleaning or gasoline allowances; hotel accommodations; use of company car; medical, hospital, accident, life insurance; retirement benefits; stock options, profit sharing, or bonus plans; reimbursement for travel expenses, expense account, benefits, or some other name. The investigator determines that the jobs are not equal because of different working conditions (there may also be a difference in the effort required in the two jobs). Thus, if an employee has made out a prima facie case under the EPA, the employer's continued reliance on market value to justify the pay disparity should be evaluated to determine whether such reliance is reasonable. 74. 1995). Powered and implemented by Interactive Data Managed Solutions. There is disagreement in the courts with regard to whether a factor other than sex must be based on the requirements of the job or otherwise beneficial to the business. 80. 7. The Council determined that after accounting for measurable factors, there still is an unexplained 12% gap between the pay of men and women. This means workers are protected from discrimination in hiring, firing, promotion, termination, benefits, salary and wages. The investigation determines that the school district is a single establishment because hiring, assignments of teachers, and compensation rates are determined centrally, and personnel are sometimes reassigned to different schools. 1988). Website by, OSHA Regulations & Employee Rights During the COVID-19 Pandemic, Employee Rights in Jeopardy During COVID-19 Pandemic: Workers Not Being Paid For Necessary Time Off, How to Prove Discrimination in the Workplace. It requires that employers reward men and women equal pay for equal work. Example 26: CP, a female sales clerk, claims that a male sales clerk performs substantially equal work for higher compensation. . See supra 10-III. Wage discrimination can be a violation of a number of laws, mainly the Equal Pay Act and Title VII of the Civil Right Act. Therefore "cause" is found. denied, 488 U.S. 1031 (1989). (greater experience of male comparator did not justify pay disparity where the main qualities necessary for the job were speed and accuracy, not experience; greater education of another comparator also did not justify pay disparity where that qualification was only marginally related to the job), cert. "Red circling" means that an employee is paid a higher than normal compensation rate for a particular reason. For example, an employer might transfer a long-time employee who can no longer perform his regular duties because of deteriorating health to an otherwise lower paid job, but maintain the employee's higher salary in gratitude for his long tenure of service. 1995) (maintenance engineer and assistant jobs were not equal even though both jobs involved same type of maintenance work, because maintenance engineer supervised the assistant and served as department head); Fallon v. State of Ill., 882 F.2d 1206, 1209 (7th Cir. The next example is designed to demonstrate this. "(86) Thus, once the plaintiff makes out a prima facie case of sex-based pay discrimination under Title VII, the employer has the burden of proving one of the four affirmative defenses. Before sharing sensitive information, make sure you’re on a federal government site. Ala. 2000) (holding black university faculty member and white comparator who worked in different schools within university still were similarly situated for Title VII purposes -- university "failed to explain why a difference in the schools where the faculty members worked, or in the academic merit of the programs that they administered, is 'relevant' to an evaluation of their relative salaries" -- but granting summary judgment for university on procedural grounds). Similarly, an employer might assign employees in skilled jobs to less demanding work temporarily until the need for the higher skill arises again. See Gibbons v. Auburn Univ. A. Jones alleges that he is being discriminatorily paid. However, illegal wage disparities can occur for any group protected by federal or state employment discrimination laws. (79) Women also disproportionately fill temporary jobs. A multivariate analysis shows the extent of the relationship between one or more independent factors (e.g., race, length of service, performance rating) and one dependent factor (e.g., compensation). If no statistically significant group-wide pattern is present, the investigator should determine whether reasonable cause exists based only on non-statistical evidence (seesupra 10-III A.2). (49) The fact that jobs are in different departments is not determinative, although in some cases it may be indicative of a difference in job content. While most of these factors overlap with those statutorily prescribed under the Equal Pay Act (seeinfra 10-IV E.2), job "similarity" for purposes of Title VII, the ADEA, and the ADA is a more relaxed standard than under the EPA because the EPA only permits comparisons of employees in "substantially equal" jobs. A Title VII violation can be found even without a finding of "substantially equal work" under the EPA. Many of these employees testified to the lack of promotional opportunities into higher paying jobs. Seniority, Merit, or Incentive System Must Be Bona Fide, a.
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