The ABA, which has a long history of opposing discrimination in the workplace, adopted policy in 2010 specifically supporting the Paycheck Fairness Act. The Act also clarifies that any pay differential must be based on “a bona fide factor other than sex such as education, training, or experience.” A bona fide factor must be job-related, consistent with business necessity, and account for the entire differential in the compensation at issue. In cases brought under the Equal Pay Act, an employer will not be guilty of wage discrimination if a pay differential is based on (i) seniority, (ii) merit, (iii) a system that measures quantity or quality of production, or (iv) a “factor other than sex.” The Paycheck Fairness Act retains the first three defenses and clarifies the fourth. If passed by the Senate, the legislation would accomplish this by strengthening remedies available under the Act enhancing oversight and enforcement mechanisms at the Department of Labor and the Equal Employment Opportunity Commission prohibiting employers from asking about wage history prohibiting retaliation against an employee for disclosure of salary information and clarifying that wage disparities must be based on legitimate work-related factors.
Equal pay for equal work act update#
The sole purpose of this important legislation is to update and strengthen the Equal Pay Act so that men and women have the tools necessary to assert their legal right to equal pay for equal work. 7, the Paycheck Fairness Act (DeLauro, D-CT), by a vote of 217- 210. And the pandemic has worsened the attendant problems because of its disproportionate impact on women.Įarlier this month, on April 15, the House of Representatives took definitive action to eliminate wage discrimination by passing H.R. Women today still receive unequal pay for equal work, even in jobs such as secretary, primary school teacher, or nurse that are predominantly held by women. It is outdated and ineffective, and wage discrimination remains a persistent and wide-spread problem. This historic statute has not lived up to its promise. This Act prohibits employers from paying unequal wages to male and female workers who perform jobs under similar work conditions that require substantially equal skill, effort, and responsibility, unless there is a legitimate reason for a pay differential. Almost 60 years ago, Congress declared that equal pay for equal work was the law of the land when it passed the Equal Pay Act of 1963.
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