The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs being compared need not be identical, but they must be “substantially equal.” It’s the job content, not job title, that determines whether two jobs are “substantially equal.”

All forms of “pay” are covered by the law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, and benefits.

Title VII of the Civil Rights Act of 1964 may also protect you from pay discrimination. If you think you’re being inequitably compensated, please Contact Rob today. 

To prove an Equal Pay Dispute, you must show both employees work for the same employer and;

• are receiving unequal pay;
• are doing equal work; and
• the difference in pay is based on gender.

As mentioned above, the jobs do not have to be identical; but they must be “substantially equal.” Job content (what duties are actually being performed), not job titles, are what determines whether two jobs are “substantially equal.” Two jobs are equal for the purpose of the EPA when both require equal levels of skill, effort, and responsibility and are performed under similar working conditions. Skill is measured by factors such as the experience, ability, education, and training required to perform the job. The key issue is what skills are required for the job, not what skills the individual employees may have.

Effort is the amount of physical or mental exertion needed to perform the job.

Responsibility – courts consider the degree of accountability required in performing the job.

Usually, employers have several justifications for the difference in pay – for example: the coworker may have more education than you, more experience in a certain field, or more connections with potential business contacts. You should be prepared to show that these justifications are false, or that they are red herrings – i.e., that they aren’t actually important for performance of the job.

If you are a victim of retaliation, Rob can help:

• Make it Stop. If Rob is retained early enough, he can sometimes help you convince your employer to fix the problem. Your might receive the pay raise you deserve and could even get some back wages paid.
• Negotiate an Exit. Often, our clients are simply ready to leave and work for a new employer who values their work. Rob might be able to help you negotiate an exit package that provides severance pay that recognizes the failure to pay you equal compensation.

• Legal Action.  If your employer is unwilling to pay you equal pay once you have attempted to have them follow the law, you may need to file an EEOC Charge or lawsuit. Rob can represent you to fight for your right to equal pay.