Compensation Discrimination
This section basically stands for the proposition of equal pay for equal work. Title VII of the Civil Rights Act of 1964 along with other Federal legislation, require an employer to compensate employees without regard to their race, color, religion, sex, national origin, age or disability. This includes all base pay, bonuses, stock options, vacation and holiday pay, and any other benefits provided.
The Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. It is job content, not job title, that determines whether jobs are substantially equal. The court will look at the skill, effort, responsibility, working conditions, and establishment of the job to determine if an employer can pay an employee differently. For example, if two salespersons at a store do basically the same job, except one has more responsibility as to attending to customers, working the register and stocking, then that employee may get paid more than the other similarly tilted employee, even thought they both are entitled salesperson, one clearly has more duties than the other. It is important to note, however, that pay differentials are permitted only when they are based on seniority, merit, quantity or quality of production, or a factor other than sex.
If at your workplace you feel you are being discriminated against based on compensation discrimination, please call the Law Offices of Alitowski and Moore at 888-ASK-ANDREW or contact us online. We are available 24 hours a day, 7 days a week to answer any questions you may have.