Know Your Rights: If there is pay disparity,
there better be a good (legal) reason
The Equal Pay Act of 1963
Click here for a condensed transcript of Jack Tuckner’s presentation on Gender Pay Equity on a panel with United States Congresswoman Carolyn Maloney, National Organization for Women NYC Chapter President Sonia Ossorio and lawyer/activist Liz Abzug at the American Association of University Women’s New York chapter.
Click here to read an Equal Pay Act journal article, written for a general readership.
The Equal Pay Act of 1963 (EPA) is an amendment to the Fair Labor Standards Act of 1938. The EPA prohibits sex-based differentiation in compensation and benefits for employees. For example, a male bartender in a restaurant cannot be paid more than a female bartender for the same job description unless the disparity in pay is due to a legitimate factor besides the sex of the respective bartenders, for instance:
- The male bartender has seniority.
- There is an accredited merit system in place which is administered uniformly and systematically.
- There is a system in place at the restaurant which measures earnings by the quantity or the quality of production.
- There is another legitimate non-discriminatory reason for the disparity other than the sex of the workers.
Working with an Equal Pay Attorney
There are exceptions and distinctions within the law that need examining on a case by case basis. The victim must prove that her job, compared with a male working in the same establishment, demands equal skill, effort, and responsibility and is performed under similar working conditions. If the jobs are determined to be truly “equal” and there is a benefit discrepancy in favor of one sex and to the detriment of the other sex, a complaint may be filed alleging violations of the EPA as well as sex discrimination under Title VII of the federal law.
How We Help In Unequal Pay Matters
Once we learn about the facts and circumstances of your case, we can advise you as to the possible remedies that may be available. Often, this will consist of filing federal and state claims under the various laws and regulations that may provide protection.