Equal Pay
The Equal Pay Act of 1963 (EPA) is an
amendment to the Fair Labor Standards Act
of 1938. The EPA prohibits sex-based
differentiation in compensation and benefits,
i.e., equal pay for equal work.For example, a
male bartender in a restaurant cannot be
paid more than a female bartender for the
same job description unless the disparity in
pay is due to a legitimate factor besides the
sex of the respective bartenders, such as:
•
the male bartender has seniority;
•
there is a bona fide merit system in place which is administered
uniformly and systematically;
•
there is a system in place at the restaurant which measures earnings by
the quantity or the quality of production (for example, the amount of drinks
served or the manner in which they are served);
•
there is another legitimate non-discriminatory reason for the disparity
other than the sex of the workers; or
•
any gender-neutral classification system.
There are of course, exceptions and distinctions within the law that need
examining on a case by case basis. Generally speaking, the plaintiff must prove
that her job, compared with a male working in the same establishment,
demands equal skill, effort and responsibility and is performed under similar
working conditions. If the jobs are determined to be truly "equal" and there is a
benefit discrepancy in favor of one sex and to the detriment of the other sex, a
complaint may be filed alleging violations of the EPA as well as sex
discrimination under Title VII of the federal law.
Click here for a condensed transcript of Jack Tuckner’s presentation on Gender
Pay Equity on a panel with United States Congresswoman Carolyn Maloney,
National Organization for Women NYC Chapter President Sonia Ossorio and
lawyer/activist Liz Abzug at the American Association of University Women’s
New York chapter. A podcast of this presentation is coming soon.
Click here to read an Equal Pay Act journal article, written for a general
readership:
