The Equal Pay Compensation Act was established to ensure that men and women are compensated equally for performing equal work. However, a gender wage gap exists in this country nonetheless. Employers often pay women less than they pay men, which is illegal. In the present-day workforce, many women struggle trying to break the “glass ceiling,” where they are denied top positions and equal pay for equal work.
Determining Compensation Based off Skill, Effort, and Responsibility
When determining criteria required to perform necessary job functions, skill is an important trait in measuring factors of ability. Any experience, training, education, or expertise that is unrelated to the specified job duties should not be considered in determining higher compensation to an employee, especially one with equal relevant qualifications.
Effort measures the physical and or mental exertion that it takes to compete one’s job duties. If a job requires more effort from the employee, compared to their colleagues, then it would not be a violation for the employer to offer that employee higher compensation. If the effort that is being required to put forth is expected equally across the board, then male and female employees should expect equal compensation.
Responsibility is another job function that comes into play when determining wage equality. An employee with a high level of responsibility over others may rightfully be paid higher than employees with fewer responsibilities. However, the determining factor would be the difference in the level of responsibility. Minor differences in required responsibilities should not serve as justification for pay differential between a male and female employee.
Working conditions, environmental conditions, and even workplace hazards also play a large role in determining fair compensation for employees who may experience unfavorable conditions, resulting in higher wages. Gender should have no bearing on the compensation received by employees who are willingly exposed to conditions that justify such higher pay.
Philadelphia Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Represent Clients in Glass Ceiling Lawsuits
Pay differentials are acceptable only in cases of seniority, relevant credentials, accolades and high levels of productivity. These factors are called “affirmative defenses” and the employer is responsible to prove that they are applicable when justifying any pay differential in question. Philadelphia discrimination lawyers at Sidney L. Gold & Associates can help you to initiate the evaluation of a wage dispute that may be directly related to gender discrimination. Call our Center City Philadelphia offices at 215-569-1999 or contact us online for a consultation regarding your wage discrimination case. We work with clients throughout Pennsylvania, New Jersey, and New York.