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What laws apply to gender discrimination in pay?

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Gender discrimination laws are designed to prevent a variety of discriminating behaviors in the workplace, including differential pay. There are many different types of anti-discrimination laws, made by the U.S. government, state governments and many cities.  All have a specific application. Numerous laws have been passed to bring pay levels between genders into parity, changing as society and perceptions have evolved. Ultimately, the law requires equal pay for equal work and a lawsuit can be brought to bear against an employer who is fails to comply with this standard.

Understanding the History of Wages

In order to understand how gender discrimination laws work, it helps to understand a bit about their history first. The Wages and the Fair Labor Standards Act (FLSA) was passed in 1938. It was the very first piece of legislation enacted that defined how employers were to pay their employees (it also created guidelines for child labor). Now employers had to pay a minimum wage across the board and categorize employees into three different types: independent, hourly and salaried. Each class of employee had to be paid in the same manner, could only work so many hours per week, and had to be paid overtime thereafter.

It wasn’t until 25 years later that the Equal Pay Act (EPA) was passed. This Act amended Section 6 of the FLSA and added new language that specifically sought to eliminate the pay gap between men and women. Many factors lead to the enactment of the EPA, including the unfortunate reality that women were paid less than men while performing the same job duties.

The EPA was further bolstered by the Corning Glass Works v. Brennan lawsuit in 1973. This lawsuit reached the United States Supreme Court where it was found that Corning violated the EPA. Corning had hired women to do night shift work, but recruited men from the day shift to work as night supervisors at considerably higher base pay than women who were performing the same duties. This payroll disparity last for more than 30 years until the EPA was passed and the lawsuit was commenced. Even though Corning attempted to correct the issue at some point, it didn’t do enough. The Supreme Court decided that Corning did in fact violate the EPA. It sent a clear message to employers to even out their pay scales or else be held liable in court.

How Discrimination Laws are Applied in the Current Era

Since the Corning Glass Works v. Brennan case, the EPA has been modified and amended more than once. The goal of the amendments has been to eliminate the gender pay gap that still plagues the U.S. today. Employers still find what they claim are valid reasons for not paying a woman as much as a man for the same kind of work. While the gap has been closing, it remains wide enough that the laws are still being refined.

Perhaps the most powerful piece of gender discrimination laws to pass recently was the Lily Ledbetter Act. The Lily Ledbetter Act effectively eliminated a statute of limitations on a discrimination lawsuit over pay. Normally, there would be a set time within which to file a lawsuit from the first known instance of discrimination. With the Ledbetter Act, each paycheck that demonstrated unequal pay is considered a unique violation of the EPA. What this means is that every time an employer issues a paycheck that is lower than it should be, it’s a violation, and keeps the clock running for a lawsuit.

Someone who feels that they are being discriminated against by their employer due to their gender has the right to sue under the law for the missing pay. The laws are powerful, and are written to protect the discriminated employee when it comes to enforcing his or her rights.  They should contact an experienced attorney as soon as possible and learn about their legal rights.

What are ways to protect against gender discrimination?

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In a perfect work environment, hiring, promotions, and dismissals would all be issues decided entirely on the merits of an employee’s work, rather than factors such as office politics or gender. Unfortunately, the reality of the working world is that unfair treatment and discrimination do sometimes enter the picture, making for unfair outcomes and even promising careers cut short. Of course, there is no doubt that gender discrimination is wrong. And the law recognizes this fact as well, so the American justice system provides remedies for the victims of gender discrimination in the workplace.

It’s important to remember that as the victim of gender discrimination, such acts are not your fault. Moreover, the responsibility to prevent such acts of discrimination is on your employer and the offending party, not you. In some cases, though, you may be able to discourage the likelihood of such discrimination heading in your direction. If you do feel you have been a victim of gender discrimination, it is always best to consult an attorney who has experience in this area. In the meantime, you may be able to protect against gender discrimination through the use of some at-work strategies.

Office-Wide Strategies

One way to protect against gender discrimination is by encouraging awareness and educational efforts. Your workplace should already have in place some training and educational programs to deter harassment, but if it does not, speaking to management may be helpful. By alerting your management to the importance of training and education efforts, you are helping them avoid potential liability, a fact you may wish to mention.

Another way to protect against gender discrimination is to encourage a culture of openness and one that celebrates everyone’s achievements. A workplace that takes pride in everyone’s contributions and accomplishments, regardless of gender, is one in which gender discrimination is less likely to occur. Pointing out that everyone’s accomplishments are worthy of praise and recognition can help cultivate an atmosphere of mutual respect and inclusion, which may help eliminate or stave off gender discrimination.

In addition, you can try to encourage the establishment of a reporting system for harassment and discrimination. Such a system is best put in place with the backing of management, as that will indicate the seriousness with which complaints will be dealt. This type of system should provide some sort of protection for the reporting parties so that there are no retaliatory actions taken toward those who are the victims of gender discrimination and simply want to report that fact.

Personal Strategies

On a more personal level, you can attempt to avoid those who are engaging in discrimination and decline the opportunity to work with those individuals when possible. Additionally, you can try to ask for a re-assignment or speak with a superior about the discriminatory behavior. Sometimes, simply drawing attention to the situation and talking about it can help peacefully diffuse the situation.

But in the end, the responsibility to end gender discrimination does not fall on you. It falls on those performing the discriminatory action. If you feel you have been the victim of gender discrimination, you should seek legal counsel to understand your rights and options through the court system. Speaking with a dedicated attorney with experience in this field will put you in a better position to handle gender discrimination and can empower you to continue on in a successful career.