Christina Sandefur opinion contributor. Show Caption. Hide Caption. Gender pay gap. Phoenix employers are closer to paying women equally than two-thirds of big cities, according to a new study. Share your feedback to help improve our site! It is a false promise that creates opportunities and advantages only for trial lawyers looking for easy payouts while causing irreparable harm to employers. But this bill assumes otherwise. Under current law, business owners can defend themselves from a claim of pay discrimination by proving that a pay differential is based on legitimate, business-related factors other than sex.
This means workers will not be compensated on the basis of merit. Under the Lilly Ledbetter Fair Pay Act of , however, the day requirement to contact an EEO counselor is renewed each time an individual is allegedly paid wages, benefits, or other compensation less than someone from another protected class performing substantially similar duties. A federal employee also has the right to file an EPA suit in federal district court without exhausting internal administrative remedies.
The time limit for filing an EPA case in court is two years from the day the last discriminatory paycheck was received or, in the case of a willful violation, within three years.
Any individual who files an equal pay claim, or assists an individual in filing an equal pay claim is protected against unlawful retaliation by their employer. This protection extends to unlawful retaliation by an employer against an individual for opposing employment practices that allegedly discriminate based on compensation or for filing a discrimination complaint, testifying, or participating in any way in an investigation, proceeding, or litigation under the Equal Pay Act.
For purposes of complaints filed with CRC, unlawful retaliation is defined as an adverse employment action by the employer, such as demotion or termination, which is harmful to the point that it could discourage or dissuade a reasonable worker from making or supporting a complaint of discrimination.
Lawmakers truly interested in helping women should take up policies that promote choice, such as the Working Families Flexibility Act and proposals to let workers choose who represents them in employer-employee negotiations. Moreover, state policymakers should eliminate unnecessary regulations that drive up the cost of child care.
Rachel Greszler is a research fellow specializing in economics, budget and entitlements at The Heritage Foundation. View the discussion thread. Skip to main content. Pay should be based on one thing and one thing only: productivity. A must-read political newsletter that breaks news and catches you up on what is happening. Most Popular - Easy to read, daily digest of the news from The Hill and around the world.
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