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Unequal Pay Claims
I don't think I'm being paid fairly compared to men doing the same job.How do I prove that I am not receiving equal pay for equal work? For a federal Equal Pay Act claim, you must prove:
1. that your employer is subject to the Act;
2. that your employer paid or pays at least one member of the opposite sex a higher wage for equal work; and
3. that the employee who was paid the higher wage works at the same "establishment" and performs work that is equal in skill, effort and responsibility, under similar conditions to you.
Under the EPA it is not necessary to prove that your employer intended to pay discriminatory wages. How do I prove a Title VII claim of discriminatory compensation?These requirements may vary slightly according to the region of the country in which you reside. Discriminatory pay under Title VII (http://www.eeoc.gov/policy/vii.html) requires that you show:
1. that you belong to racial/sexual minority;
2. that you asked for and were qualified for a raise;
3. that despite qualifications, you were a denied the raise; and
4. at the time the raise was denied, other employees of opposite sex were being paid more.
With a Title VII claim it is required that you prove that your employer intended to discriminate against you. This is one of the reasons that the EPA may be more desirable if you are filing a claim of wage discrimination. It is important for you to know that, although courts try their hardest to apply the law in parallel fashion across the country, sometimes different courts will place a different level of importance on one requirement over another, depending on the circumstances surrounding each case. What does pay discrimination look like?Pay discrimination means that you are doing essentially the same work as a male co-worker, but you are receiving less money for it. This can be true even if you and the co-worker have different job titles or qualifications, as long as the actual work being performed is substantially the same. What is included as wages?Wages include all payments made to or on behalf of the employee as compensation for employment. In line with the Fair Labor Standards Act, the EPA recognizes non-monetary forms of compensation as wages only if they are not for the sole benefit of the employer. For example, uniforms paid for and provided to the employee by the employer are considered non-monetary items for the employer's benefit and would not constitute wages. What laws protect me from receiving unequal pay for equal work?
The Equal Pay Act of 1963 prohibits discriminatory pay on the basis of sex. Title VII of the Civil Rights Act of 1964 also prohibits discrimination in compensation, which means you could have a claim under both laws. There are advantages and disadvantages to both claims. The Equal Pay Act does not require that you file through the EEOC, but Title VII does. Title VII may also require that you exhaust other state administrative procedures first. Keep in mind, however, that although you are not required to file with the EEOC, the Commission is authorized to take action in EPA claims, so you may file through the EEOC if you wish. How do I prove that my work requires equal skill, effort, and responsibility as my coworker?It is not necessary to prove that your work is identical in every aspect. You must prove that the work is equal, not that you and your co-worker are equal. A comparison of employees may be included in the defendant's response to your claim in order to justify the pay discrepancy. Courts will use experience, education, and training to determine skill-level, but only to the extent that they are actual requirements for the performance of the tasks associated with the position. Effort is a measure of the physical and mental exertion required to do the job. Responsibility has been interpreted as the degree of accountability. The work must also be performed under similar working conditions, which means similar surroundings and exposure to the same hazards. All of these factors will be weighed to determine if the work is substantially equal. What if my co-worker does not work in the same "establishment"? You can use a co-worker from a different office of the same company as your comparison if you can show that the wages are decided by the same pay grades and compensation practices, or on a regional basis. The courts have recognized that "centralized control" by an employer of more than one location is sufficient to meet the "same establishment" requirement. Must I prove that my employer intentionally paid me less because I am a female?If you file under Title VII as a disparate treatment claim for unequal pay, you will need to prove that the employer intended to discriminate against you. Because this is usually very difficult to prove, it may be more beneficial to file under the Equal Pay Act, which does not require that you prove intent. What could my employer do to deny my allegations, and how do I respond to its denials? The statute itself outlines four defenses that employers can bring against your EPA claim. If your employer can prove one of four wage-determination methods, it will likely render your claim insufficient for a breach of the EPA. The four defenses are:
1. Your salary is lower because of a seniority system - your employer must prove that the standards for pay were objective and based on a system of seniority that did not implicate the sex of the employee;
2. Your salary is lower because of a merit system - your employer must prove that the system establishes criterion and terms by which employee merit is rewarded - the system need not be in writing, but if it is not in writing, employees must be aware of it;
3. Your earnings are measured by productivity - your employer must prove that wages are determined by a system that measures the quality or quantity of work you produce; and
4. A wage differential existed based on factors other than sex - your employer must first establish what that factor is and why it supports an acceptable business reason and effectuates some legitimate business interest. The fourth defense, a wage discrepancy motivated by a factor other than sex, can include things like a difference in economic benefit, when your comparator's worth to your employer is higher for some reason. This defense requires that your employer prove that your comparator's work results in higher profits for the company. Employers must also consider the market value of certain employees at a given hiring time. If the employer can prove that the market demand for your comparator, based on his specific qualifications and the need for him as an employee, warranted a higher salary at the time he was hired, it has a sufficient defense to a claim under the EPA . In Corning Glass Works, the leading Supreme Court case, the Court established that the ultimate burden in an EPA claim is on the defendant to prove and demonstrate that their proffered defense is legitimate. Although your chances of prevailing are increased if you can prove that your employer's reasons are false, it is not a requirement to succeed, you can also succeed if your employer fails to prove the sufficiency of its defense. Does it matter when the discrimination occurred?Yes. If you want to file a claim under the EPA, the wage discrimination must have occurred within the last two years. If you think you have evidence that your employer knew of the Equal Pay Act or had reason to know that it was in violation of federal law, you may have evidence of willful or intentional discrimination, in which case your time limit is extended to three years. What options do I have if my employer has fewer than fifteen employees?The EPA covers employers regardless of the number of employees, as long as they do not fall into one of the Act's statutory exceptions. Title VII, however, only covers employers with fifteen or more employees. If you cannot prove the elements for an EPA claim and you work for someone with fewer than fifteen employees, check your state page to see if your state law covers employers with fewer employees. You can also approach your employer directly to voice your concerns. If I prove my Equal Pay claim, what kinds of remedies am I entitled to? Typically, the award of damages for a claim under the EPA is back pay. Back pay is measured based on how long you have been receiving too low a wage. It is not dependent on the comparator and when they started working - this means you can collect back pay for time when there was no one of the opposite sex performing equal work for higher wages. The court can order your employer to reclassify or upgrade your pay category to ensure that the pay discrepancy does not continue. You are also entitled to liquidated damages which are equal in amount to your award of back pay. An employer can avoid this obligation if it can prove that it had a reasonable, good faith belief that it was in compliance with the EPA. You can also recover reasonable attorney's fees and costs of action.
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