Equal Pay for Men as well as Women
Pay equity has been a legal issue for some years. Consequently, a number of states have passed laws prohibiting employers from asking applicants about their previous salaries. Most pay equity cases heard by the courts have addressed pay disparity for women, through cases alleging unequal pay. However, employers should also be aware of the fact that men are also bringing class action lawsuits over unequal pay.
New York Laws and Pay Equity
In 2020, the New York legislature passed the Salary History Ban, a law prohibiting private and public employers from asking employees or job candidates about previous salaries or compensation.
Concerns about pay equity initially arose over pay disparities between men and woman who held the same job titles, had the same responsibilities and performed the same job duties. However, an interesting twist occurred recently when the EEOC filed a case alleging unequal pay on behalf of a male employee.
Lawsuit brought by the Equal Opportunity Commission
The EEOC brought a lawsuit against the Maryland Department of Transportation State Highway Administration (MDOT SHA). They alleged that a male employee in a community liaison position earned lower wages than his female coworkers. They alleged that the disparity was due to gender.
Robert Rager worked in a public affairs and community relations position until MDOT transferred him to do the same job in another district. They paid his female successor several thousand dollars more than what they had paid Roger. As further female successors also filled that position, they also received several thousand dollars higher pay. Furthermore, they all had less seniority and experience than Rager had. The amount in salary disparity totaled approximately $23,000.
The EEOC first attempted to reconcile the matter with MDOT. When reconciliation failed, the EEOC filed a lawsuit on behalf of Rager on January 11, 2022.
As an employer do you have questions or concerns about pay equity?
If you have employee-related questions about equal pay, seek legal help. Discuss your concerns with an attorney at Stephen D. Hans & Associates, P.C. Call (718) 275-6500.