Employees expect to be compensated fairly for the work they perform for their employer. Unfortunately, employees can face wage discrimination in the workplace based on their gender. If they do, there is a remedy available under the law.
The Equal Pay Act protects workers against wage discrimination based on gender. It requires employers to pay men and women equal wages for performing substantially equal jobs. Substantially equal does not mean that the jobs are identical, but it does mean that they are closely related or very similar.
In addition, compensation under this law is not limited to salaries or hourly wages. It also includes bonuses, commissions and stock options, among other types of compensation.
Elements of a claim
Employees who file a claim under the Equal Pay Act must demonstrate several elements. They must show that the jobs require the same or similar skill, effort, responsibility and working conditions while working in the same establishment.
Skill includes factors such as experience, education and ability to perform the work. Effort and responsibility refer to the exertion required to perform the work and the accountability the worker has for the job. Working conditions include the physical environment and hazards the worker may face.
Under this law, the same establishment means that the work is performed at a physical place of business which can include separate work sites that are part of one business. Employers are prohibited from retaliating against an employee for filing an equal pay claim.
An experienced workplace discrimination lawyer can offer guidance to employees in Indiana who have experienced gender discrimination and evaluate their individual circumstances to determine the best approach to their claim. Equal pay for equal work is every employee’s right under the law.