What are affirmative defenses in the Equal Pay Act?
individual makes each of these showings, the defendant employer may avoid liability by proving that the wage disparity is justified by one of four affirmative defenses—that is, that the employer has set the challenged wages pursuant to “(1) a seniority system; (2) a merit system; (3) a system which measures earnings by …
Does California have an Equal Pay Act?
Signed into law in 2015, the California Equal Pay Act initially prohibited employers from paying workers less than employees of the opposite sex for equal work. Requiring equal pay for employees who perform “substantially similar work,” when viewed as a composite of skill, effort, and responsibility.
Does Equal Pay Act protect against discrimination in pay?
The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. The Equal Pay Act (EPA) protects both men and women.
How do you prove equal pay discrimination?
In order to prove wage discrimination under the Equal Pay Act, you will be required to show that the job you are working is equal to the job held by a counterpart of the opposite sex.
What prevents the Equal Pay Act from being an effective law?
The law has been weakened by loopholes, inadequate remedies, and adverse court rulings, resulting in protection that is far less effective than Congress originally intended.
Can California employers ask about salary expectations?
Employers in California cannot ask job applicants about their salary history. If an applicant asks, employers have to provide a salary range for the position. Upon reasonable request, an employer shall provide the pay scale for a position to an applicant.
How can an employer defend against an Equal Pay Act claim?
Under the current law, an employer may defeat an Equal Pay Act claim by proving that the wage differential is due to a bona fide factor other than sex, race, or ethnicity, but to succeed on this defense, the employer must also prove that the factor is consistent with a business necessity.
Can My California employer pay me less than my opposite sex?
No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work.
What is the California Fair Employment and Housing Act (FEHA)?
The DFEH enforces the California Fair Employment and Housing Act, which prohibits discrimination based on sex, race, national origin, ancestry, in addition to other protected categories. You may, but are not required to, file a claim with the DFEH if you are only claiming unequal pay based on sex, race, or ethnicity.
Can an employer justify pay differences between employees of different races?
Under the Equal Pay Act, as amended effective January 1, 2019, an employer may not justify any pay difference between employees of the opposite sex, or employees of different race or ethnicity based on an employee’s prior salary.
