In addition, compensation differences based on race, color, religion, national origin, age, disability, genetic Noncompetitive promotion denials, tenure denials, and failure to respond to requests for raises.ĭifferences in pay that occur because of sex violate the EPA and/or Title VII of the Civil Rights Act of 1964, as amended. These practices may include employer decisions about base pay or wages, job classifications, career ladder or other People challenging a wide variety of practices that resulted in discriminatory compensation can benefit from the Act's passage. The Ledbetter Act recognizes the "reality of wage discrimination"Īnd restores "bedrock principles of American law." Particularly important for the victims of discrimination, the Act contains an explicit retroactivity provision. The Act states the EEOC's longstanding position that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began. 618 (2007), which severely restricted the time period for filing complaints of employment discrimination concerning compensation. This law overturned the Supreme Court's decision in Ledbetter v. On January 29, 2009, President Obama signed the first piece of legislation of his Administration: the Lilly Ledbetter Fair Pay Act of 2009 ("Act"). Working conditions usually consist of two factors: However, given that many employees have virtual offices, the EEOC assesses whether the "establishment" is separate on a case-by-case basis. Ordinarily, " establishment" means a physically separate place of business. Impact of employee's exercise of his or her job functions on the employer's business.Extent to which employee exercises supervisory functions, and.Extent to which employee works without supervision,.Factors to be considered in determining the level of responsibility in a job include: Responsibility is usually defined as the degree of accountability required in performing a job. A college degree does not justify a higher salary because it is not needed to perform the job.Įffort: Amount of physical or mental exertion needed to perform job. Therefore, the skill required to perform the two jobs is substantially equal. However, performance of the two jobs requires the same education, ability, He has a high school diploma while his female co-worker has a college degree. For example, a hotelĬlerk alleges that he is paid less than a female who performs substantially equal work. Possession of a skill not needed to meet the requirements of the job should not be considered. Skill: Measured by factors such as the experience, ability, education and training required to perform a job. The EEOC looks at whether both jobs require the same skill, effort and responsibility. In comparing two jobs for purposes of the EPA, consideration should be given to theĪctual job duties, not job titles or classifications. The EPA speaks in terms of equal work, but the word "equal" does not require that the jobs be identical, only that they are substantially equal. For example, an employer cannot pay a higher hourly wage to a male employee and then attempt to equalize the difference by periodically paying a bonus to a female employee. Equal Wages: Must be paid in the same form.
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