by Stephen D. Hans | Sep 19, 2019 | Equal Pay Womens Issues
Equal Pay Continues to Be a Focus for New York Legislatures The New York legislature passed two laws that offer greater protection against wage discrimination. As employers, it is wise to stay abreast of new employment law amendments so you can ensure your business practices are up-to-date. New Law with Provisions Against Wage Discrimination The bill on wage differentials added provisions to labor law that further protect employees against wage discrimination. The law addressed “equal pay for equal work.” The usual protected classes for equal pay of age, race or gender now also include national origin, gender identity and express, military status, disability along with marital or family status and domestic violence victim status. Criteria Used for Determining Equal Pay According to the new bill, employers must pay workers based on the following criteria: Equal work performance involving equal skill, effort and responsibility Performance being done under similar working conditions Substantially similar work being done The exceptions that are a legitimate basis for pay differences include: Seniority systems Merit systems Systems that measure earnings by quantity or quality of production Bona fide factors (not sex), such as education, training or experience New Law Prohibiting Salary and Work Compensation Questions This bill prohibits employers from doing the following: Relying on wage or salary history to determine whether to employ a job applicant Using wage or salary history to determine the employee’s wages or salary In addition, employers must not ask for wage or salary history (orally or in writing) as a condition for: Interviewing the job applicant Considering whether or not to make a job offer Employing a job candidate...
by Stephen D. Hans | Sep 16, 2016 | Equal Pay Womens Issues
As an employment defense litigation lawyer, I pay attention to civil rights issues, and lately women’s rights issues have gained attention from the media. Actress Patricia Arquette has actively worked toward passing the Equal Rights Amendment (ERA), notable in her Oscar acceptance speech in 2015 and also in her recent testimony in June 2016 at a DNC Platform Committee hearing in Phoenix. There she urged the party to make ERA a priority. Even more recently, her letter to the editor appeared in The New York Times in support of the ERA. Arquette is quoted as saying, “All of the things we want for women, including equal pay and effective legal recourse for gender-based violence, are in the ERA.” Arquette says, “… Polling shows the country is with us—we need Congress to catch up.” In 2015, the ERA Coalition/Fund for Women’s Equality conducted an online poll to survey a nationally representative sample of 1,107 people. The poll showed that a large percentage of men and women, 94 percent, agree that the ERA should be added to the Constitution. Facts about the Equal Rights Amendment The ERA has had a long run at trying to get ratified as an amendment. It was first introduced in 1923, now almost 100 years ago. The amendment was passed by Congress in 1972: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” At first, a seven-year deadline existed for states to ratify the amendment so it could become a part of the Constitution. Then, the deadline was extended to 10...
by Stephen D. Hans | Aug 23, 2016 | Employment Defense Attorney, Equal Pay Womens Issues
Long Island City, Queens & NYC Employment Defense Attorney From an employer’s standpoint, if you are following similar pay practices to other businesses, it may seem like safety exists in numbers. You may believe that perhaps doing what other companies do is a safe standard as far as equal pay for women issues are concerned. Facts about Unequal Pay However, equal pay is not the norm, according to statistics reported by the American Association of University Women (AAUW): In 1974, women across the United States made 59% of what men doing comparable jobs made. By 2014, women made 79% of what men made. Women with higher degrees have a higher gender pay gap than women with less education. Women of color (Hispanic, African American, American Indian and Native Hawaiian women) have a greater gender pay gap than Asian and white American women. Women typically earn 90% of what men earn until hitting age 35, at which point they begin earning 76-81% of what men are paid. When company employees file claims, a company is singled out and at risk for damages. The fact that other companies are also violating the Equal Pay Act is not an excuse in the eyes of the law. Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination Recently, the Equal Employment Opportunity Commission (EEOC) brought a case against Sealed Air Attempts were unsuccessful during a pre-litigation conciliation process to reach a settlement. Here were the facts alleged in the case: A paid female production supervisor was paid lower wages than her male counterpart doing substantially the same work. The company imposed...
