| Laws Related to Sexual Discrimination |
| The information in these pages is intended for Kansas employees who are interested in sexual harassment law and hostile work environment. The information is intended for educational purposes only and is not intended to establish an attorney client relationship with any person. If you have an actual legal problem concerning sexual harassment, you should contact a competent Kansas employee rights attorney. |
The Equal Pay Act (EPA)
The Equal Pay Act is different from all of the laws that we have covered
in other parts of this web site. Instead of relying upon Title VII and its
enforcement procedures, the Equal Pay Act uses the provisions of the
Fair Labor Standards Act for enforcement. Although an employee need
not do so, they can file a charge of discrimination with the EEOC. In
2007, the EEOC received 818 claims of violations of the Equal Pay Act.
The Equal Pay Act was actually adopted in 1963, a year before the Civil
Rights of 1964, and was a first step for providing equal rights for women
in the work place.
The EPA's basic requirement is that men and women be given equal pay
for equal work. In order to prove that women are not getting equal pay,
they do not have to rely upon the differences in identical jobs.
However, the jobs must be substantially equal. The courts look at the
substance of the job, not job titles, to determine if jobs are substantially
equal.
The EPA contains criteria to help determine whether jobs are
substantially similar and should require equal pay.
Again, the basic requirement of the Equal Pay Act is that employers
must pay equal wages to men and women who perform jobs that require
substantially equal skill, effort and responsibility, where the men and
women are working under similar working conditions in the same
establishment.
AFSCME, the union for many local government employees has explained
the factors that go into determining whether jobs are substantially
similar. AFSCME is a very important union that greatly benefits state
and local government employees.
Skill - Measured by factors such as the experience, ability, education,
and training required to perform the job. The key issue is what skills are
required for the job, not what skills the individual employees may have.
For example, two bookkeeping jobs could be considered equal under
the EPA even if one of the job holders has a master's degree in physics,
since that degree would not be required for the job.
Effort - The amount of physical or mental exertion needed to perform
the job. For example, suppose that men and women work side by side
on a line assembling machine parts. The person at the end of the line
must also lift the assembled product as he or she completes the work
and place it on a board. That job requires more effort than the other
assembly line jobs if the extra effort of lifting the assembled product off
the line is substantial and is a regular part of the job. As a result, it
would not be a violation to pay that person more, regardless of whether
the job is held by a man or a woman.
Responsibility - The degree of accountability required in performing the
job. For example, a salesperson who is delegated the duty of
determining whether to accept customers' personal checks has more
responsibility than other salespeople. On the other hand, a minor
difference in responsibility, such as turning out the lights at the end of
the day, would not justify a pay differential.
Working Conditions - This encompasses two factors: (1) physical
surroundings like temperature, fumes, and ventilation; and (2) hazards.
Establishment - The prohibition against compensation discrimination
under the EPA applies only to jobs within an establishment. An
establishment is a distinct physical place of business rather than an
entire business or enterprise consisting of several places of business.
However, in some circumstances, physically separate places of business
should be treated as one establishment. For example, if a central
administrative unit hires employees, sets their compensation, and
assigns them to work locations, the separate work sites can be
considered part of one establishment.
Pay differentials are permitted when they are based on seniority, merit,
quantity or quality of production, or a factor other than sex. These are
known as "affirmative defenses" and it is the employer's burden to
prove that they apply.
In correcting a pay differential, no employee's pay may be reduced.
Instead, the pay of the lower paid employee(s) must be increased.
Other reasons for salary differences. Keep in mind, that the Equal Pay
Act largely deals with classes of jobs. In other words, just because a
woman and a man do the same job does not mean that they should
receive the same pay. If the man has more experience in the job, he
might be entitled to more money. Likewise, one employer might have
completed more education related to the job and be entitled to more
pay. However, the same wage bracket should apply to jobs that meet
the requirements of the Equal Pay Act.
The Equal Pay Act is different from all of the laws that we have covered
in other parts of this web site. Instead of relying upon Title VII and its
enforcement procedures, the Equal Pay Act uses the provisions of the
Fair Labor Standards Act for enforcement. Although an employee need
not do so, they can file a charge of discrimination with the EEOC. In
2007, the EEOC received 818 claims of violations of the Equal Pay Act.
The Equal Pay Act was actually adopted in 1963, a year before the Civil
Rights of 1964, and was a first step for providing equal rights for women
in the work place.
The EPA's basic requirement is that men and women be given equal pay
for equal work. In order to prove that women are not getting equal pay,
they do not have to rely upon the differences in identical jobs.
However, the jobs must be substantially equal. The courts look at the
substance of the job, not job titles, to determine if jobs are substantially
equal.
The EPA contains criteria to help determine whether jobs are
substantially similar and should require equal pay.
Again, the basic requirement of the Equal Pay Act is that employers
must pay equal wages to men and women who perform jobs that require
substantially equal skill, effort and responsibility, where the men and
women are working under similar working conditions in the same
establishment.
AFSCME, the union for many local government employees has explained
the factors that go into determining whether jobs are substantially
similar. AFSCME is a very important union that greatly benefits state
and local government employees.
Skill - Measured by factors such as the experience, ability, education,
and training required to perform the job. The key issue is what skills are
required for the job, not what skills the individual employees may have.
For example, two bookkeeping jobs could be considered equal under
the EPA even if one of the job holders has a master's degree in physics,
since that degree would not be required for the job.
Effort - The amount of physical or mental exertion needed to perform
the job. For example, suppose that men and women work side by side
on a line assembling machine parts. The person at the end of the line
must also lift the assembled product as he or she completes the work
and place it on a board. That job requires more effort than the other
assembly line jobs if the extra effort of lifting the assembled product off
the line is substantial and is a regular part of the job. As a result, it
would not be a violation to pay that person more, regardless of whether
the job is held by a man or a woman.
Responsibility - The degree of accountability required in performing the
job. For example, a salesperson who is delegated the duty of
determining whether to accept customers' personal checks has more
responsibility than other salespeople. On the other hand, a minor
difference in responsibility, such as turning out the lights at the end of
the day, would not justify a pay differential.
Working Conditions - This encompasses two factors: (1) physical
surroundings like temperature, fumes, and ventilation; and (2) hazards.
Establishment - The prohibition against compensation discrimination
under the EPA applies only to jobs within an establishment. An
establishment is a distinct physical place of business rather than an
entire business or enterprise consisting of several places of business.
However, in some circumstances, physically separate places of business
should be treated as one establishment. For example, if a central
administrative unit hires employees, sets their compensation, and
assigns them to work locations, the separate work sites can be
considered part of one establishment.
Pay differentials are permitted when they are based on seniority, merit,
quantity or quality of production, or a factor other than sex. These are
known as "affirmative defenses" and it is the employer's burden to
prove that they apply.
In correcting a pay differential, no employee's pay may be reduced.
Instead, the pay of the lower paid employee(s) must be increased.
Other reasons for salary differences. Keep in mind, that the Equal Pay
Act largely deals with classes of jobs. In other words, just because a
woman and a man do the same job does not mean that they should
receive the same pay. If the man has more experience in the job, he
might be entitled to more money. Likewise, one employer might have
completed more education related to the job and be entitled to more
pay. However, the same wage bracket should apply to jobs that meet
the requirements of the Equal Pay Act.
| Michael M. Shultz Attorney at Law 85-838-4300 Lawrence 913-385-0808 Overland Park |
