Download - The Equal Pay Act, “Where are we headed”?
![Page 1: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/1.jpg)
The Equal Pay Act,
“Where are we headed”?
![Page 2: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/2.jpg)
The Equal Pay Act (EPA)
• 1997 – 1134 charges
• 2002 - 1256 (highest in 12 year period)
• 2012 - 1082
![Page 3: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/3.jpg)
The Equal Pay Act (EPA)
• Prohibits wage discrimination based on gender
• Employers may not pay unequal wages to men and women performing substantially equal work in the same establishment
![Page 4: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/4.jpg)
What are Wages?
Includes all forms of compensation,
including hourly pay, salary, overtime
pay, commissions, bonuses, and
premium pay.
![Page 5: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/5.jpg)
Strategic Enforcement Plan (SEP)
• Establish Priorities
• Integrates All Components of Agency’s Resources
• Sustainable Impact
![Page 6: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/6.jpg)
SEP Priorities
• Eliminating Barriers in Recruitment and Hiring
• Protecting Immigrant, Migrant and Other Vulnerable Workers
• Addressing Emerging Issues • Enforcing Equal Pay Laws• Preserving Access to the Legal System• Preventing Harassment Through
Systemic Enforcement and Targeted Outreach
![Page 7: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/7.jpg)
SEP Plan
• The EEOC will target compensation systems and practices that discriminate based on gender
• Directed Investigations
• Commissioner Charges
• Strategic Enforcement Teams
• District Complement Plan
![Page 8: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/8.jpg)
Some Ideas
• 2011-2012 – EEOC conducted compensation training for all investigative staff, DOL, and OFCCP
• Review our skill sets – who are our experts in EPA
• Review subpoena procedures
• Greater collaboration with OFCCP and DOL (we are partners)
• Sustainment training for staff
• Work to develop EPA case law
• Greater focus on outreach for employers
![Page 9: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/9.jpg)
EPA General Provisions
No unequal wages for men and women who perform jobs that:
– Share “common core” of tasks
– Require substantially equal skill, effort, and responsibility and are performed under similar working conditions
– Are in the same establishment
![Page 10: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/10.jpg)
“Common Core” of Tasks
Do the jobs share the same “common core” of tasks?
– Is a significant proportion of the tasks the same?
– Does the comparator’s job involve extra duties?
• If so, are they substantial?• Extra duties that are insignificant will not
render the jobs unequal.
![Page 11: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/11.jpg)
What is Skill?
• Experience, • Ability, • Education, and • Training required to
perform the job
![Page 12: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/12.jpg)
What is Effort?
Effort is measured by the amount of physical or mental exertion needed to perform a
job.
![Page 13: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/13.jpg)
What is Responsibility?
• Work done without supervision
• Supervisory functions
• Impact of functions on the business (usually financial accountability)
![Page 14: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/14.jpg)
Working Conditions
• Physical surroundings and hazards• Intensity of environmental elements• Number and frequency of physical
hazards and severity of potential injury
![Page 15: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/15.jpg)
What is the same establishment?
• Typically, a single distinct place of
business
• May expand based on worker’s practices
![Page 16: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/16.jpg)
Employer Defenses for Differences in Wages
• Seniority system
• Merit system
• Incentive system
• Any other factor other than sex/gender
![Page 17: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/17.jpg)
Seniority System
• Length of employment
• A difference in pay based on a seniority system is permitted as long as it is -
– based on predetermined criteria,
– has been communicated to employees, and
– is applied consistently and even-handedly.
![Page 18: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/18.jpg)
Merit System
• Job performance
• A difference in pay based on a merit system is permitted as long as it is –
– based on predetermined criteria,
– has been communicated to employees, and
– is applied consistently and even-handedly.
![Page 19: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/19.jpg)
Incentive SystemQuality or Quantity of Production
• Quality or quantity of production• A difference in pay based on an
incentive system is permitted if it is –
– based on predetermined criteria,
– has been communicated to employees, and
– is applied consistently and even-handedly.
![Page 20: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/20.jpg)
Factors Other Than Sex/Gender
• Employers may offer higher compensation to applicants and employees who have – greater education, – experience, – training, or – ability
• Where the qualification is related to job performance or otherwise benefits the employer’s business.
![Page 21: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/21.jpg)
Factors Other Than Sex/Gender
• Night differential• Training program• Saved grade/red circle rates• Job classification• Market valuation• Prior salary• Part-time status
![Page 22: The Equal Pay Act, “Where are we headed”?](https://reader034.vdocuments.site/reader034/viewer/2022051418/568157cf550346895dc555fc/html5/thumbnails/22.jpg)
Question and Answers
www.eeoc.gov
[email protected] (919) 856-4085
Intake Information Group: 1-800-669-4000Attorney of the Day: 1-202-663-4900