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Equal Pay & Wage Discrimination

Assiatance from Our Miami Employment Law Attorneys

The right of employees to be free from discrimination in their wages is protected under several federal laws including the Equal Pay Act, Title VII, the ADEA, and the ADA. This protection is enforced by the U.S. Equal Employment Opportunity Commission.

The Equal Pay Act (EPA) requires that men and women be given equal pay for equal work in the same establishment, where an establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business. The men and women employees jobs need not be identical, but they must be substantially equal. Job duties, not title of the position, determines whether jobs are substantially equal.

Specifically, the EPA provides that employers may not pay unequal wages to men and women who:

  • Perform jobs that require substantially equal skill, effort, and responsibility
  • Perform under similar working conditions within the same establishment

Pay discrepancies are permitted when the pay rates are based on a factor other than gender such as seniority, merit, or quantity or quality of production.

How Else am I Protected?

An employer cannot retaliate against an individual for opposing employment practices that discriminate based on unequal pay (filing a discrimination charge, testifying, or participating in any way in a proceeding under the EPA). (Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid).

If you have any questions about equal pay discrimination, call Remer & Georges-Pierre PLLC to shcedule a free consultation at 305.416.5000 or fill out the online request form.