Avoiding the Accusation of Gender-Based Pay Discrimination
The subject of pay discrimination against women has gained fresh attention in the ongoing presidential election as both parties seek to woo women voters to their candidates. Pay discrimination — real or merely perceived — can create costly problems for employers, unless you are attuned to the issue and take decisive steps to avoid problems. Following are some key facts and pointers to keep you out of trouble.
Avoiding the Accusation of Gender-Based Pay Discrimination
The federal Equal Pay Act (EPA) has been on the books for almost a half a century. President Kennedy signed the legislation in 1963, but it has not wiped out unequal pay — nor accusations about it. The Equal Employment Opportunity Commission (EEOC) under President Obama has made a priority of rooting out pay discrimination, and has been receptive to investigating claims.
Pay discrimination cases under the EPA must first be filed with the EEOC, which can easily be done without a lawyer, resulting in a high volume of claims. If the local EEOC office decides an employee has a solid case, you’ll be put on notice. You can dispute the finding and wait for the plaintiff to take you to court, but attorneys generally advise against allowing it to escalate to that level. One reason is that plaintiffs’ attorneys typically won’t represent a client until the EEOC has concluded she may indeed be a victim. Plaintiffs’ attorneys are often waiting in the wings to enter the fray at this stage — raising the stakes, and defense costs. (Note: Employees often can also file complaints with state authorities.)
