The federal Equal Pay Act requires that men and women in the same work place be given equal pay for equal work. The jobs at issue need not be identical, but they must be substantially equal. The function of the job determines whether or not the jobs are substantially equal. An employee challenging a violation if the Equal Pay Act may proceed directly to court and he or she is not required to first file a complaint of discrimination with the Equal Employment Opportunity Commission. All forms of compensation are covered by the Equal Pay Act, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, all forms of benefits and travel expenses. If there is inequality in wages between male and female employees, employers may not reduce the wages of either gender in order to equalize their respective compensation.
Gender discrimination involves treating an individual, either an applicant or an employee, unfavorably, because of that person’s sex. Title VII of the Civil Rights Act and the Florida Civil Rights Act prohibits discrimination, relating to any aspect of employment, including, hiring, firing, compensation, job assignments, promotions, layoffs, job training, job benefits and any other term or condition of employment. Moreover, adverse employment actions based upon sex-stereotypes is also prohibited under state and federal law. For any questions concerning equal pay, call Mark J. Berkowitz, P.A., a Fort Lauderdale equal pay attorney, at (954) 527-0570.