Many laws have been put in place to ensure that workers who essentially do the same job will have the right to earn the same pay, regardless of what sex they are. Unfortunately, unequal pay between men and women who do the same jobs in the workplace still exists despite ongoing efforts to bring awareness and equality to this issue.
If you believe you are a victim of unequal pay, you should contact an unequal pay attorney who is skilled in employment law to protect your rights and help you see the wages that you are entitled to receive.
Federal Law Protects Workers Against Wage Disparity
More than 50 years ago, Congress passed The Equal Pay Act of 1963 which amended the Fair Labor Standards Act and was aimed at abolishing wage disparity based on a person’s gender. It is one of several laws on the books that gives employees protections from wage discrimination. It was followed in quick succession by several other laws that are currently enforced by the U.S. Equal Opportunity Commission (EEOC). Those other laws include:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967
- Title I of the Americans with Disabilities Act of 1990
Factors that Determine If Two Jobs Are Substantially Similar
The Equal Pay Act requires that men and women be paid equally for equal work by the same employer. The jobs do not need to be identical, but they must be substantially similar. To gauge whether or not the jobs are similar, there are five standards that are used.
- Skill. Measured by experience, ability, education, and training.
- Effort. This is measured by the amount of physical or mental exertion needed to perform the job.
- Responsibility. This standard deals with the amount of accountability required to perform a job.
- Working conditions. This focuses on physical surroundings and factors such as temperature, fumes, ventilation, and hazards that an employee may encounter while performing their job.
- Establishment. This deals with jobs that are in a single physical place of business instead of a business that has several different locations.
While those factors are used to compare if two workers are doing essentially the same job and therefore entitled to the same pay, there are other factors that allow for pay differentials. They include seniority, merit, quantity/quality of production, or any other factor that is not based on an employee’s sex. With the help of an unequal pay attorney in Boston, you can get your questions answered and pursue the compensation that you are entitled to receive.