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Scenarios: Pay

I am paid less than my male co-workers.

    Do you believe the women in the office/on the job are concentrated in the lower-paid positions?

    Are you performing the same work as a man in the same position with the same credentials, but getting paid less?

    Are women receiving lower compensation for jobs that are substantially equal to men's jobs in effort, responsibility, skill, and working conditions?

    Did you succeed a person of the opposite sex on a job where that person received a higher rate of pay than you, and there is no reason for the pay differential other than sex? Or did you leave a position, only to find out that your predecessor began receiving a higher rate of pay than you made while in that position, and the only reason for the pay difference is a difference in gender?

    Does the employer only offer benefits for the spouses or families of employees of one sex and not make those same benefits available to the spouses or families of employees of the opposite sex?

If any or all of the above apply to you, you are experiencing wage discrimination on the basis of sex. If so, this is discrimination, which is costing you money.

The Equal Pay Act of 1963 makes it illegal for an employer to discriminate between the wages provided to employees on the basis of sex. An employer cannot pay one sex at a lower rate of pay than the opposite sex "for equal work on jobs the performance of which requires equal skills, effort, and responsibility, and which are performed under similar working conditions." However, an employer may explain differentials in pay by using a merit system, seniority system, measuring earnings by quantity or quality of production, or on the basis of something other than sex.

Title 29 of the Code of Federal Regulations, Section 1620 further explains the purpose and provisions of the Equal Pay Act. Section 1621 governs the procedures of the Equal Pay Act, and Section 1604are general guidelines on sex discrimination. It is also considered a discriminatory practice under Title VII for an employer "to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin."

If you have experienced pay discrimination, find out How To Get Even.

If talking with the employer about the discrimination is unsuccessful, you can file a complaint with your state commission against discrimination and/or the federal Equal Employment Opportunity Commission. Visit the federal law and state law sections of our site to learn more about your rights. Remember, there are strict time deadline for filing, so do not wait too long if that is what you decide to do.

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