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Lesser Pay Based on Gender May Require a Legal Action

Posted by Manfred P. MueckeApr 16, 20210 Comments

The Equal Pay Act prohibits employers from discriminating against an employee based on gender when determining compensation and benefits. As noted by the U.S. Equal Employment Opportunity Commission, the amount of pay must coincide with the job's duties and responsibilities.

An individual questioning a position's expectations may visit the employer's human resources department. By requesting a job description, he or she may discover the job's task requirements. Evaluating them against other positions that require equal performance levels could reveal whether the pay is comparable.

Employees may follow up on suspicions of gender-based equal pay discrimination

An employee may review public records or newspaper articles to learn more about the expectations of a particular job position. Details about other employees' compensation may provide clues regarding whether an individual receives equal pay without regard to gender.

If another employee of a different gender performs the same tasks, but at a higher salary, the company may have violated employment law. A legal action, however, may require evidence that an employer used gender as a basis to compensate one employee differently than another.

Pay discrimination lawsuit results in a $1.35 million settlement

As reported by U.S. News and World Report, a class-action lawsuit filed against a California technology company alleged gender discrimination. According to the complaint, female employees received less pay than males in similar jobs. The company denied the allegations but agreed to settle the lawsuit by paying over 2,500 female employees a total of $1.35 million to compensate for damages.

A company soliciting employment candidates with attractive job titles cannot use gender as a basis for paying less than what the job's performance requires. Employees have a right to inquire about their compensation, and legal action may provide relief for damages resulting from a discrepancy in pay.