Posted On: April 27, 2008 by Greenberg & Rudman

EQUAL PAY FOR WOMEN DISCRIMINATION IN THE WORKPLACE: ATTORNEYS FIGHT AN UPHILL BATTLE

Equal pay discrimination according to the law exists only when you are receiving less pay than an equal counterpart. Equality must exist in education, experience, and in basic job duties. A recent Supreme Court case last year made it more difficult for women to prove equal pay discrimination in the workplace versus their male counterparts. The ruling held that women had a mere 180-day time-period to file their equal pay discrimination suit. Democrats in the U.S. Senate tried to pass a bill this month that would have extended that time period, easing the burden on women to discover and prove that they were not receiving equal pay. However, Republicans successfully blocked this bill from passing this week.

What does this mean for women in the workplace? Equal pay discrimination is still a very real problem to working women today. Estimates from a Vanderbilt University Study earlier this month showed that a male accountant in America earned on average $49,000 while a woman accountant with the same experience earned a mere $33,000. While arguments abound that women receive more non-monetary benefits such as time-off to care for children, this debate has often been found lacking. Men also receive non-monetary benefits, and are more likely to be promoted, simply because they are male.

scales_balance.jpgThe duty now lies on a woman to show that she is making less in the workplace for equal experience, work, and duties than her male counterparts. And these rulings from the Supreme Court show that the earlier you discover this, the better chance you have of prevailing. While it is discouraged at many work places to discuss your salary, it is often the best way to find out if you are a victim of pay discrimination.

If you find that you are being paid less than your equal counterpart for the same work in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

Statistics taken from: http://law.vanderbilt.edu/article-search/article-detail/index.aspx?nid=101