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Legal issues women face claiming gender-based pay discrimination

On Behalf of | Jul 12, 2024 | Workplace Discrimination

Gender-based pay discrimination remains a significant issue for female professionals in Indiana. Despite progress in gender equality, many accomplished women still face challenges in achieving equal pay. 

In the current legal landscape, these women encounter a number of hurdles.

Legal framework

The Equal Pay Act (EPA) of 1963 and Title VII of the Civil Rights Act of 1964 form the basis of gender pay discrimination laws in the U.S. Indiana follows these federal guidelines while also having its own state laws. These laws prohibit employers from paying men and women differently for the same work. However, enforcing these laws can be complex and challenging.

Proving discrimination

Proving gender-based pay discrimination involves showing that women receive less pay than men for substantially similar work. Accomplished female professionals often find it difficult to gather the necessary evidence. They need to compare their pay with male colleagues performing the same tasks, which requires access to salary information that is often confidential.

Retaliation fears

Many women fear retaliation when they file discrimination complaints. Retaliation can include job loss, demotion or a hostile work environment. This fear discourages many female professionals from pursuing legal action, even when they have strong cases. Employers may also attempt to justify pay differences with factors unrelated to gender, complicating the legal process.

Employer defenses

Employers often defend against pay discrimination claims by citing seniority, merit or other factors. They argue that pay differences result from legitimate business reasons, not gender. 

These defenses make it harder for women to prove that discrimination is the real cause of pay disparities. Professional women must counter these arguments with clear evidence showing that gender, not performance or experience, drives pay differences.

Legal resources

Access to legal resources significantly impacts the ability of female professionals to challenge pay discrimination. Those with limited financial means may struggle to afford the legal representation needed to navigate complex discrimination cases. Pro bono services and advocacy organizations can provide support, but these resources are often limited.

Addressing gender-based pay discrimination requires continued legal support and societal change. Awareness and education about the issue, coupled with strong legal actions, can help ensure that accomplished female professionals receive fair and equal pay for their work.

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