Equal Pay
One of the tenets of employment law is that all workers have the right to be compensated fairly and equally. Unfortunately, there are many instances – such as gender discrimination, age discrimination, and disability discrimination – which can lead to a worker receiving less compensation than others.
To combat unequal pay, there are several laws aimed at ensuring that all workers receive the same pay when applicable.
Federal laws that protect workers’ rights to equal compensation include:
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The Equal Pay Act
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Title VII of the Civil Rights Act of 1964
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Age Discrimination in Employment Act
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Title I of the Americans with Disabilities Ac
An experienced equal pay attorney can help you distinguish whether your employer violated the provisions in one of these laws and guide you towards an appropriate course of action so you can recover the compensation that you are owed.
The Equal Pay Act
This Act states that, when the jobs are substantially equal – requiring the same skill, effort, and responsibility and are performed under similar working conditions within the same establishment – compensation must be equal between all workers.
The Act defines each criterion:
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Skill is measured by the experience, ability, education and training needed to perform the job successfully
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Effort is the amount of physical or mental exertion needed to complete the job
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Responsibility is measured by the accountability necessary to the job
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Working conditions include both physical surroundings and hazards
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Establishment is defined as a distinct physical place of business (rather than a business made up of several places of business)
Title VII, ADEA, Title I of the ADA
Unlike the Equal Pay Act that has the “substantially equal” test, these pieces of legislation prevent wage discrimination based on the claimant’s protected class. Employers are prohibited from discriminating against employees on the basis of:
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Race
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Color
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Religion
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Sex
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National origin
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Age
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Disability
Arizona Employees Deserve Equal Pay and Fair Compensation
At Robinson Law Offices, we believe that every Arizona employee has the right to be paid equal compensation. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an equal pay employment lawyer, contact our office today.
Protected Compensation
These laws collectively prohibit all types of compensation from being paid unequally, such as:
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Salary
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Overtime pay
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Bonuses
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Stock options
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Profit sharing and bonus plans
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Life insurance
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Vacation and holiday pay
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Cleaning or gasoline allowances
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Hotel accommodations
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Reimbursement for travel expenses
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Benefits
Our office can help you identify which type of compensation you are entitled to and calculate your potential award based on these factors.
Q&As
Equal Pay
Q: What is the Equal Pay Act (“EPA”)? A: The EPA protects against wage discrimination based on sex. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses and benefits. If there is an inequality in wages between people of different sexes who perform substantially equal jobs, employers must raise wages to equalize pay. Employers may not reduce the wages of other employees to equalize pay.
Q: What is required to substantiate an EPA claim? A: Several elements must be met and the jobs being compared must require substantially equal skill, effort, and responsibility and be performed under similar working conditions within the same establishment. The elements include: (a) skill required for the job, which is measured by factors such as experience, ability, education and training required to perform the job; (b) effort, which is the amount of physical or mental exertion needed to perform the job; (c) responsibility, which is the degree of accountability required to perform the job; and (d) working conditions of physical surroundings like temperature, fumes, and ventilation and hazards.
Q: What does "substantially equal" mean? A: “Substantially equal” means the overall job content is equal (it doesn't have to be identical) even if the position titles differ. Essentially the job duties are closely related, very much alike.
Q: How is the EPA different from Title VII of the Civil Rights Act of 1964? A: Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex and/or retaliation for engaging in protected Equal Employment Opportunity activity; however, these laws have different filing deadlines and standards of proof from the EPA.
Q: How soon am I required to report a violation of the EPA? A: Under the EPA, employees have two years to file a claim with the EEOC or file a lawsuit in court. The Lilly Ledbetter Fair Pay Act of 2009 amended Title VII of the Civil Rights Act of 1964 statute of limitations for filing claims of pay discrimination to reset with each new paycheck affected by that discriminatory action.
We Protect Arizona Employees’ Rights
At Robinson Law Offices, we believe that every Arizona employee has the right to be free from discrimination in the workplace. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.