DOCSLIB.ORG

Updates to Washington's Equal Pay

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Updates to Washington's Equal Pay Equal Pay for Equal Work: Updates to Washington’s Equal Pay Act Presented By: Presented By: Kathleen Kline Thomas Vogliano (206) 247-7014 (206) 247-7013 [email protected] [email protected] fisherphillips.com Overview of Presentation • Legal context . Federal and other state EPAs, anti-discrimination statutes • WA Equal Pay Act . Key language, defenses, remedies • Steps for employers . Revise policies, training, privileged pay audit fisherphillips.com 2 Existing Protections Under Federal Law • The Equal Pay Act of 1963 • Men and women must be given “equal pay for equal work in the same establishment” • Jobs must be “substantially equal” in terms of skill effort, responsibility, working conditions, and location. • Strict liability (no need to prove intent) • Affirmative defenses: . Seniority, . Merit, . Quantity or quality of production, or . Any factor other than sex fisherphillips.com 3 Pay Equity: State and Local Laws Gender Specific Gender/Other Prot. Salary History Inquiry Ban fisherphillips.com Interactive Map at: https://www.fisherphillips.com/equity Washington Pay Equity .State Equal Pay Act is updated and expanded . HB 1506 . Effective June 7, 2018 . Expands federal EPA protections .Washington Law Against Discrimination . Unfair employment practice to discriminate in compensation, promotions, or other terms and conditions of employment because of sex fisherphillips.com 5 Washington Pay Equity – Key Language Prohibits discrimination in any way in providing compensation based on gender between similarly employed employees of the employer. Prohibits an employer from limiting or depriving an employee, on the basis of gender, of career advancement opportunities that would otherwise be available. **No showing of intent is required fisherphillips.com 6 What’s included in compensation? • “Discretionary and nondiscretionary wages and benefits” • Likely this will be viewed broadly, similar to the federal Equal Pay Act to include all forms of remuneration . Commissions . Bonuses . Profit sharing . Deferred compensation . Paid time off . Expense accounts . Car and gas allowances . Retirement plans . Insurance . Other benefits fisherphillips.com 7 What does similarly employed mean? . Who is considered “similarly employed” will be based on the skill, effort, and responsibility for the position . Not restricted to job titles or official job descriptions . What matters is what work the employee actually performs . Minor or occasional differences in responsibilities will not prevent certain jobs from being comparable . Skill: experience, training, education, ability to perform the job . Effort: amount of physical or mental exertion needed to perform a job fisherphillips.com 8 What does similarly employed mean? . Responsibility: degree of discretion or accountability involved, duties regularly required to perform, amount of supervision received, whether employee supervises others, degree employee is involved in decision making . Comparing wage rates for employees in all of the employer’s operations or facilities . Not limited to employees who work within a specific geographic area or region fisherphillips.com 9 What are career advancement opportunities? • Requirement that employer “shall not limit or deprive” employees from “career advancement opportunities” on the basis of gender. • Statute does not define this phrase but includes two examples: . Failing to announce or provide access to career advancement opportunities . Failing to provide training that is under the employer’s control fisherphillips.com 10 What are lawful justifications for pay disparities? . Based in good faith on bona fide factors that are: . (i) consistent with business necessity; . (ii) not based on or derived from a gender-based differential; and . (iii) account for the entire differential • More than one factor may account for the differential fisherphillips.com 11 What are lawful justifications for pay disparities? • Examples of “bona fide factors”: Education, training, or experience; A seniority system; A merit system; A system that measures earnings by quantity or quality of production; A bona fide regional difference in compensation levels. A differential in compensation based in good faith on a local government ordinance providing for a minimum wage different from state law **Justifications for disparities in career advancement opportunities are the same except that defenses based on regional compensation differences or minimum wage ordinance do not apply fisherphillips.com 12 Can salary history justify a current pay disparity? No! . Under the WA statute, an individual’s previous wage or salary history is not a valid defense for disparity in pay • Laws in other states barring employers from inquiring into salary history • Recent case trends fisherphillips.com 13 Can salary history justify a current pay disparity? (Federal Equal Pay Act) Rizo v. Yovino, No. 16-15372, en banc, (9th Cir. 4/9/18) • The federal Equal Pay Act provides that an employer can justify a difference in compensation if it can prove it relied on: (i) a seniority system, (ii) a merit system, (iii)a system that measures earnings by quantity or quality of production, or (iv)a differential based on any factor other than sex. • Rizo analyzed the last “catch-all” factor fisherphillips.com 14 Can salary history justify a current pay disparity? (Federal Equal Pay Act) • Rizo (math consultant) was paid less than her male counterparts • County’s salary setting process relied on employee’s prior salary history . County added 5% to the employee’s previous salary, and then place individual on corresponding salary scale . Held: employers cannot rely on prior salary history to justify a wage differential under the EPA • The “any factor other than sex” affirmative defense must be “limited to legitimate, job-related factors such as a prospective employee’s experience, educational background, ability, or prior job performance.” fisherphillips.com 15 Can employers restrict discussions about wages? No! • Cannot retaliate against an employee for: . Inquiring about, disclosing, comparing, or otherwise discussing the employee’s wages or the wages of another employee; . Asking the employer to provide a reason for the employee’s wages or lack of opportunity for advancement; or . Aiding or encouraging another employee to exercise the employee’s rights • Cannot require nondisclosure of wages as condition of employment fisherphillips.com 16 What are the remedies available to employees? • Administrative and judicial enforcement Complaint with Department of Labor & Industries Citation and fine Actual damages Statutory damages = greater of actual damages or $5,000 Interest of 1%/month on all compensation owed Costs of the L&I investigation Civil penalty (for each affected employee) Up to $500 for first violation; $1,000 for repeat violation Any other appropriate relief fisherphillips.com 17 What are the remedies available to employees? • Private right of action Actual damages Statutory damages = greater of actual damages or $5,000 Interest of 1%/month on all compensation owed Costs and reasonable attorneys' fees Reinstatement and injunctive relief Any wages and interest owed are calculated from four years before the civil action was instituted fisherphillips.com 18 What about litigation? • Avalanche of litigation in the area of pay equity under federal and state laws • High profile lawsuits against technology companies, law firms, pharmaceutical companies, and retail chains • Potential for collective and class actions • Multi-million dollar settlements • #TimesUp movement suggests more on the horizon fisherphillips.com 19 What steps should employers take? Review documents and conduct training . Update applications and hiring documents to eliminate questions seeking salary history information – okay to ask for salary expectations . Update handbooks, policies, and hiring documents to eliminate any prohibitions against employees discussing pay and confidentiality provisions aimed at compensation . Train employees and recruiters involved in the hiring process about prohibitions against seeking salary history and the changing pay equity laws more broadly fisherphillips.com 20 What steps should employers take? Correct systemic problems . Consider implementing standard pay ranges or guidelines for each position or classification . Create or update job descriptions . Review or create compensation policies and procedures – including checks and balances – and train managers on implementation . Communicate with employees about pay increases and their eligibility fisherphillips.com 21 What steps should employers take? Correct systemic problems . Assess the performance evaluation process and its role in pay decisions – standardize the process . Train decision-makers: . How to make proper pay decisions that comply with organizational policies and the applicable law . Appropriate factors to consider when making pay decisions . How to apply guidelines and exercise discretion properly . How to document the bases for decisions . Consider conducting a privileged pay audit fisherphillips.com 22 Goals of a Pay Audit . Identify potential pay disparities among employees performing comparable work . Determine whether there are lawful explanations for those disparities and/or take steps to correct the disparities as appropriate . Identify and correct weaknesses in the organization’s systems to protect against claims of pay disparity going forward . Take advantage of the affirmative defenses fisherphillips.com
Load more

Recommended publications
  • Equal Pay/Compensation Discrimination the Equal Pay Act Requires That Men and Women in the Same Workplace Be Given Equal Pay for Equal Work
    Equal Pay/Compensation Discrimination The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. The filing of an EEOC charge under the EPA does not extend the time frame for going to court. Equal Pay/Compensation and Sex Discrimination Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII. Other Types of Discrimination Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. Unlike the EPA, there is no requirement under Title VII, the ADEA, or the ADA that the jobs must be substantially equal.
    [Show full text]
  • Implementing the Equal Pay for Equal Work Act and Employee Paid Sick Leave
    Implementing the Equal Pay for Equal Work Act and Employee Paid Sick Leave Colorado Municipal League GABRIELLA BOMMER CHUCK PASSAGLIA CITY OF ARVADA EMPLOYMENT LAW SOLUTIONS, INC. [email protected] [email protected] (720) 898 -7561 (303) 915.6334 Equal Pay for Equal Work 2021 “Equal Pay for Equal Work Act” signed into law May 22, 2019, effective January 1, 2021. Found at C.R.S. §§ 8-5-101 et seq. Applies to ALL employers in Colorado THE L AW An employer shall not discriminate between employees on the basis of sex [sex includes “gender identity”], or on the basis of sex in combination with another protected status under Colorado law, by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially sim ilar work, regardless of job title, based on a composite of skill; effort, which may include consideration of shift work; and responsibility. Equal Pay for Equal Work 2021 Permits wage differential based on: ◦ A seniority system; ◦ A merit system; ◦ A system that measures earnings by quantity or quality of production; ◦ The geographic location where the work is performed; ◦ Education, training, or experience to the extent that they are reasonably related to the work in question; or ◦ Travel, if the travel is a regular and necessary condition of the work performed Factors above must account for “entire” differential in wages. No “any factor other than sex” loophole like federal Equal Pay Act. Equal Pay for Equal Work 2021 Employers SHALL NOT: ◦ [Salary history ban] Seek the wage
    [Show full text]
  • Pay Equity a Key Driver of Gender Equality
    PAY EQUITY A KEY DRIVER OF GENDER EQUALITY In order to be competitive and to succeed in the marketplace, companies have to attract and retain the best talent. A per- son’s sex is not an indicator of either talent or competence, and this simple truth must be a key component of diversity strategies that reflect the world we live in. Valuing employees by ensuring pay equity should be an important component in a company’s hiring and retention strategies. However, women continue to earn less than men for work of equal value and the existing gender pay gap threatens to slow down efforts to achieve gender equality in the workplace. The imbalance in pay can be traced back to gender biases against women that seep into human resource processes in organizations. Actively managing pay equity should be a priority for companies aiming to close Peshkova/gettyimages the corporate leadership gap – not only because paying women and men equally is the right thing to do, but also because it makes good busi- ness sense. Pay equity is an important tool for companies “Pay equity appears to be a critical to advance women into leadership positions. An equitable driver of gender diversity, perhaps pay system allows companies to retain the best talent, boost because it not only improves the participation of women in the workforce, and build a positive value proposition for women but company image. It can also avoid reputation risk and poten- also can put women on a more equal tial legal claims. footing with men in the household – Companies can address the gender pay gap and drive pay with the effect that women are more equity by promoting transparency in terms of pay disclo- likely to stay in the labour force.” 1 sure, setting objective criteria for pay and promotions and by When Women Thrive, increasing awareness of the barriers women face in reaching Businesses Thrive, 2014, Mercer higher positions.
    [Show full text]
  • Progress in the States for Equal Pay
    NOVEMBER 2020 | FACT SHEET Progress in the States for Equal Pay It has been over 55 years since the Equal Pay Act was passed, and since then we have seen women make tremendous strides in the labor force. However, women continue to be paid less than their male counterparts.1 Women working full time, year round typically are paid just 82 cents for every dollar paid to men working full time, year round. Women of color are hit the hardest by the wage gap. Black women are typically paid just 62 cents for every dollar paid to white, non-Hispanic men, and Latina women are typically paid only 55 cents for every dollar paid to their white, non-Hispanic male counterparts. Among the states, women fare best in California and New York, where women working full time, year round typically make 88 cents for every dollar their male counterparts make. Women fare worst relative to men in Louisiana, West Virginia, and Wyoming, where women’s earnings represented only about 70 percent of men’s earnings, respectively.2 Across the country, there is a growing movement to finally close these wage gaps. In the past few years, lawmakers have introduced legislation in over two-thirds of the states to finally ensure that workers receive equal pay, no matter where they work, and many of these bills have become law. State efforts to close the wage gap not only make meaningful change for women’s and families’ economic security, they also lift the states’ economies. This fact sheet highlights states that enacted equal pay legislation in 2018, 2019 and 2020.
    [Show full text]
  • TMYK: Colorado Equal Pay for Equal Work
    THE MORE YOU KNOW... ABOUT THE LAW Exceptional Counsel • Integrity • Accountability • Entrepreneurial Spirit June 2021 The Colorado Equal Pay for Equal Work Act – What Employers Need to Know Now Colorado passed the “Equal Pay for Equal Work Act”, which went into effect January 1, 2021 and applies to all employers in the state of Colorado, regardless of size. It is well known that under existing Colorado law, an employer is prohibited from discriminating in rate of pay based on gender. The Colorado Equal Pay for Equal Work Act significantly broadens discrimination prohibitions of every employer and creates additional requirements. Those additional prohibitions mean that every employer shall not: 1. Seek the wage rate history of a prospective employee or rely on the wage Kathleen Mowry, Partner rate history of a prospective employee to determine a wage rate; 2. Discriminate or retaliate against a prospective employee for failing to Kathleen Mowry is a trial lawyer with disclose the prospective employee’s wage rate history; decades of experience delivering results 3. Prohibit, as a condition of employment, an employee from disclosing the for her clients. Part of Messner Reeves’ employee’s wage rate; litigation team, Kate’s background is in 4. Discharge, or in any manner discriminate or retaliate against, an employee employment law, workers’ compensation, for invoking his or her rights under the Act; subrogation and general liability matters. 5. Discharge, discipline, discriminate against, coerce, intimidate, threaten, or For more information and other helpful interfere with an employee or other person because the employee or legal resources, contact Kate directly: person inquired about, disclosed, compared, or otherwise discussed the employee’s wage rate; or (303) 605-1578.
    [Show full text]
  • No Disparate Impact: Gunther's Significant but Ignored Limitations on Sex-Based Pay Disparity Claims Under Title VII
    UCLA National Black Law Journal Title No Disparate Impact: Gunther's Significant but Ignored Limitations on Sex-Based Pay Disparity Claims under Title VII Permalink https://escholarship.org/uc/item/5ns2w723 Journal National Black Law Journal, 12(1) ISSN 0896-0194 Author Broadus, Joseph E. Publication Date 1990 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ARTICLE NO DISPARATE IMPACT: GUNTHER'S SIGNIFICANT BUT IGNORED LIMITATION ON SEX-BASED PAY DISPARITY CLAIMS UNDER TITLE VII by Joseph E. Broadus* I. INTRODUCTION In County of Washington v. Gunther,1 the Supreme Court was called upon to explain the proper relationship between the Equal Pay Act,' which insures women in the work place equal pay for equal work,3 and Title VII of the Civil Rights Act of 1964 which protects employees from discrimination on the basis of sex.a A sharply divided Court narrowly rejected limiting Title VII claims for sex-based pay disparity to the equal work standard of the EPA.5 In the process, the Court majority imposed a significant but frequently ignored limi- tation on the application of Title VII to sex based wage disparity claims. Title VII sex based pay dispartity claims were limited to episodes of in- tentional discrimination under the language of section 703 (a) (1) of Title VII. * Assistant Professor of Law, George Mason University, B.A. Florida International Univer- sity, M.A. University of Miami; J.D., Florida State University. Former Law Clerk, Judge Joseph W. Hatchett, U.S. Court of Appeals for the Eleventh Circuit. 1. 452 U.S.
    [Show full text]
  • Promoting Pay Equity
    Equal Pay for Work of Equal Value: How do We Get There? ILO – UN Global Compact webinar March 2011 The Presentation « Equal Pay » and UN Global Compact Principles The concept of Equal Pay Advantages of Equal Pay The gender pay gap in numbers Why a gender pay gap? The normative basis: ILO Convention 100: Equal Remuneration The step-by-step Guide “Pay Equity: gender neutral job evaluation for equal pay” Challenges « Equal Pay » and UN Global Compact Principles UN Global Compact Principle UN Global Compact 6: Businesses should uphold Women’s Empowerment the elimination of Principle 2: Treat all women discrimination in respect of and men fairly at work – employment and occupation respect and support human rights and non-discrimination – pay equal remuneration, including benefits for work of equal value and strive to pay a living wage to all women and men Pay Equity What does it mean and how do we get there? The Concept of Equal Pay “Equal pay for equal work” Men and women receive equal pay for the same or similar work “Equal pay for work of equal value” Men and women receive equal pay for different jobs The issues It is a human rights issue If the work of a woman is valued less simply because she is a woman, her individual dignity is injured. It is an economic development issue To promote equal treatment is equivalent to promote the nation’s productive potential. It is a human resources issue Increasing salaries of undervalued workers can be more profitable as it increases morale and productivity, as well as reduces turnover and attracts talent.
    [Show full text]
  • Colorado's Equal Pay for Equal Work
    FEATURE | TITLELABOR AND EMPLOYMENT LAW Colorado’s Equal Pay for Equal Work Act What Employment Counsel Need to Know BY SARAH PARADY, CHARLOTTE N. SWEENEY, AND BILL C. BERGER This article summarizes Senate Bill 19-085, Colorado’s Equal Pay for Equal Work Act. n 2019, the Colorado General Assembly on account of the sex thereof,”2 and gave the and the historical pay practices at a given place passed SB 19-085, the Colorado Equal Pay Colorado Department of Labor and Employment of employment. for Equal Work Act (CEPEWA). CEPEWA (CDLE) permissive enforcement authority.3 This article provides an overview of CEPEWA becomes effective on January 1, 2021 CEPEWA greatly expands the definition of wage and concludes with tips for both practitioners Iand will apply only to violations that occur on discrimination and changes the process for representing employees and those representing or after its effective date.1 CEPEWA amends handling wage discrimination claims. employers. and effectively replaces Colorado’s equal pay CEPEWA has two parts. The first creates a statute, the Wage Equality Regardless of Sex private cause of action similar to, but broader Why CEPEWA? Act, CRS §§ 8-5-101 et seq., which prohibited an than, the federal Equal Pay Act (EPA);4 the second CEPEWA is Colorado’s response to the per- employer from discriminating “in the amount creates transparency measures, enforceable by sistent wage gap between men and women. or rate of wages or salary paid or to be paid his CDLE, to provide employees more information While the EPA was designed to eliminate the employees in any employment in this state solely about promotional opportunities, pay ranges, gender pay gap, it has been woefully ineffective 36 | COLORADO LAWYER | OCTOBER 2019 arise from an intent to discriminate.
    [Show full text]
  • Equal Pay for Equal Work Act
    Equal Pay for Equal Work Act Presented by Diana Prieto, Robyn Fergus, and Becca McCarty January 13, 2021 What is the Equal Pay for Equal Work Act (EPEWA)? • Colorado’s Equal Pay for Equal Work Act amends existing law and provides new wage discrimination protections to prevent pay disparities. • The intent of the legislation is to close the pay gap in Colorado and ensure that employees with similar job duties are paid the same wage rate regardless of sex or sex in combination with another protected identity status. ➢Sex includes gender identity. What Does This Mean for CSU? • EPEWA went into effect January 1, 2021 • The Office of Equal Opportunity and Human Resources Department are working to effectuate the required changes to ensure CSU’s compliance Equal Pay for Equal Work Act Requirements Pay Transparency • Cannot ask for previous salary • Employees may discuss their salary Opportunities for Promotion • All vacant or new positions must be posted Salary and Benefits on Postings • A salary range must be listed • Applicable benefits must be listed Equal Pay for Equal Work Act Requirements Pay Transparency • Cannot ask for previous salary • Employees may discuss their salary Prohibits employers from asking job candidates about their previous compensation levels. What does this mean for CSU? Supervisors and hiring authorities may not ask candidates in any manner about current or past salaries. They may ask a candidate what their salary expectation is for the position for which they have applied. Equal Pay for Equal Work Act Requirements Opportunities for Promotion • All vacant or new positions must be posted Requires employers to announce and make known opportunities for promotion to all current employees prior to making a promotion decision.
    [Show full text]
  • Comparable Worth: Questions and Answers for Early Childhood Staff. INSTITUTION Child Care Employee Project, Berkeley, CA
    DOCUMENT RESUME ED 264 949 PS 015 529 AUTHOR Whitebook, Marcy; Ginsburg, Gerri TITLE Comparable Worth: Questions and Answers for Early Childhood Staff. INSTITUTION Child Care Employee Project, Berkeley, CA. SPONS AGENCY Foundation for Child Development, New York, N.Y.; National Association for the Education of Young Childran, Washington, D.C.; Rosenberg Foundation, San Francisco, Calif. PUB DATE 85 NOTE 25p. AVAILABLE FROMChild Care Employee Project, P.O. Box 5603, Berkeley, CA 94705 ($2.50, plus $.50 postage). PUB TYPE Guides - Non-Classroom Use (055) EDRS PRICE MFO1 Plus Postage. PC Not Available from EDRS. DESCRIPTORS Advocacy; *Child Caregivers; *Compensation (Remuneration); *Day Care; Early Childhood Education; Job Satisfaction; Legislation; Program Effectiveness; *Social Action; Social Change; Teacher Salaries; Wages IDENTIFIERS *Comparable Worth; *Job Evaluation ABSTRACT Intended to help child care advocates understand and use the concept of comparable worth, this guide book defines "comparable worth" as a movement to get wages in any one workplace to reflect a just assessment of the skills and responsibilities demanded by a job rather than false assumptions about the financial needs of the worker or racially or sexually biased assumptions about the skills involved in the job. The term also is known aspay equity, pay parity, wage justice, or job wort!. The general discussion focuseson several questions, including "How do comparable worth efforts differ from attempts to secure equal pay for equal work?" "What has been accomplished
    [Show full text]
  • Equal Pay for Work of Equal Value Moving Toward, Or Away From, Wage Justice for Women?
    CIS Issue Analysis No. 2 26 June 1998 Equal Pay for Work of Equal Value Moving toward, or away from, wage justice for women? Helen Hughes CIS Issue Analysis No. 2 26 June 1998 Helen Hughes is Professor Emeritus and Visiting Fellow in the Department of Economics, Research School of Pacific and Asian Studies, Australian National University, and Senior Fellow, Centre for Independent Studies. She was a senior manager at the World Bank from 1967 to 1983, gave the Boyer Lectures in 1985 and has published widely on the Australian economy, development and international trade and capital flows. Views expressed in the publications of the Centre for Independent Studies are those of the authors and do not necessarily reflect the views of the Centre’s staff, directors, and officers. 1 CIS Issue Analysis No. 2 26 June 1998 Contents Executive Summary: .................................................................................................................... 3 I. Origins of the New South Wales Inquiry ................................................................................. 3 II. Women in the Australian Labour Force ................................................................................. 5 Labour force differences .......................................................................................................... 5 Part-time and casual work ....................................................................................................... 8 The occupational structure .....................................................................................................
    [Show full text]
  • Next Steps for Progress on Equal Pay by Jocelyn Frye April 12, 2016
    Next Steps for Progress on Equal Pay By Jocelyn Frye April 12, 2016 A fast-food restaurant in Philadelphia paid its female shift managers and cashiers less than men in the same jobs, even though they were doing substantially equal work, and gave the male workers the preferred job assignments and schedules so that the female workers ended up with fewer hours.1 A Texas transportation company paid a female operations director less than three male operations directors; when she was assigned to replace one of the men after he left the company, she came across his pay stub and dis- covered that he had been receiving a higher salary.2 A woman was told by her Mississippi employer that she could not move into one of the company’s higher-paying sales jobs exclusively held by men—even though she was performing the same type of work— because the job was too dangerous for a woman. She was also admonished that she would not be a good mother if she took the job because it would require her to travel.3 For many workers, these stories hit close to home. Employees—most often women but sometimes men—have an inkling that they are being paid less than someone else doing the same type of job. In some instances, such as the cases above, employees can success- fully pursue charges of discrimination, vindicate their rights, and receive compensation for the money they should have been receiving in their paychecks. Too often, however, workers are uncertain: They lack enough information to know what others earn, leaving them to wonder whether they are being paid unfairly.
    [Show full text]