Equal Pay Laws Compliance Kit
Federal and state discrimination laws specifically prohibit employers from basing an employee’s compensation on their sex (gender), race, age, religion, national origin, or disability. These laws require employers to provide equal pay for equal work to two or more individuals performing the same job, barring any significant differences in tenure, experience, or education. Applicable federal laws include the Equal Pay Act (EPA), the Lilly Ledbetter Fair Pay Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
In the last three years, various states (including California, Illinois and New York) have amended their equal pay laws to become even more stringent, and 21 other states are considering legislation to expand their own laws. Judgments in equal pay and compensation discrimination lawsuits can include back pay, salary adjustments, liquidated damages, and payment of the plaintiff’s attorney fees.
Pay-related claims are also highly likely to expand into class action litigation. Increasing enforcement of equal pay laws is one of the Equal Employment Opportunity Commission’s top enforcement priorities in its revised 2016 Strategic Plan. According to the U.S. National Census, women earn approximately 82 cents for every dollar earned by males, and minorities earn less than 80 cents for every dollar earned by Caucasians.
In addition to increased EEOC enforcement, the issues of gender equality in the workplace and equal pay for equal work will likely have an impact on the 2016 general elections, both at the presidential and congressional levels.
To help protect your organization from a potentially increased risk of compensation-related lawsuits resulting from increased enforcement, Personnel Concepts has introduced a comprehensive Equal Pay Laws Compliance Program. This exclusive compliance solution includes tips from an attorney, plain language information on applicable laws, and instructions for auditing your pay practices. It also includes training handouts, documentation forms, and a workplace poster to communicate a nondiscriminatory compensation policy to your employees.
Who Needs It
All businesses with 2 or more employees are subject to the federal Equal Pay Act, the Lilly Ledbetter Fair Pay Act, and applicable state laws prohibiting compensation discrimination. Businesses with 15 or more employees must also comply with compensation-related provisions of Title VII of the Civil Rights Act and the Americans with Disabilities Act. (Additionally, the Age Discrimination in Employment Act applies to businesses with 20+ employees.)
Compliance Made Simple
Posting our 11” x 17” policy poster, distributing the training handouts to your workforce, and reading our plain language guidebook will help you meet your obligations under applicable laws and create a first line of defense against equal pay violations and compensation discrimination claims.
Prevent Costly Lawsuits
Equal pay and compensation discrimination claims can result from poorly worded compensation policies, managerial bias, an inconsistent merit system, job requirements that create a disparate impact on a protected class, or an oblique seniority system. Using our kit to educate our managers and supervisors about the common triggers of a compensation-related lawsuit can help your business avoid potentially costly employee lawsuits.
Our Equal Pay Laws Compliance Program includes the following important tools and information:
- A Comprehensive Guidebook that features tips & recommendations from an attorney, coverage of recent legal developments, summaries of existing federal laws, FAQs, sample compensation policies, and instructions for self- auditing company pay practices.
- A Compliance Checklist to help businesses determine their current level of risk under state and federal equal pay laws.
- 10 Equal Pay Laws Training Handouts for employees, managers, and supervisors.
- 10 Salary Comparison Worksheets to identify and substantiate pay disparities between workers performing the same job.
- An 11” x 17” Equal Pay For Equal Work Poster that includes a nondiscriminatory compensation policy statement and information on employee rights under applicable laws.
- Online access to downloadable compliance resources, including forms, handouts, and sample policies.