According to the EEOC, laws against compensation discrimination include all payments made to or on behalf of employees as remuneration for employment. Forms of compensation covered include salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursements, and benefits. The Equal Pay Act requires that men and women be given equal pay for equal work in the same establishment. Title VII, ADEA, and ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability.
Under the Equal Pay Act (EPA), it is not the job title itself, but the “skill, effort, and responsibility required in the performance of the jobs” that must be proven as identical. Furthermore, the EPA applies only to jobs within a single establishment.
Unlike the EPA, Title VII, ADEA, and ADA do not require that the claimants job be substantially equal to that of a higher paid person, nor do these statutes require the claimant to work in the same establishment as a comparator. However, you must prove that your employer intended to discriminate against you.
In New York, a discrimination claim can be filed with the New York Division of Human Rights (DHR), the EEOC, or the New York City Commission on Human Rights (CHR). If you are a victim of compensation discrimination, contact the lawyers at The Cochran Firm New York to discuss all of your options at (212) 553-9215.
July 12, 2022
May 6, 2022