...Employment Law March 1st, 2015 Professor Dr. Babb Abstract This paper explores the thoughts and variations with the “Equal Pay Act”. The thoughts and ideas of discrimination against those of different genders and how they relate to the pay scale. Being based on experience and time on the job plays a major part in the role of individuals involved in the working environment. Exploring the ideas and concepts behind this act and how it has transformed over a course of 50 years. Looking at real cases and even scholarly articles from individuals such as Christina Hoff Summers. Keywords: Equal Pay Act, Gender, Male and Female There are many laws that have prohibited individuals from being able to do certain things. One of the main things that we have seen throughout our time is the idea and concept that laws are not always for the people. When it comes to working a job, many people will focus on experience, education and previous job training that an individual has held to determine their pay. However, we have seen other issues that do not even apply to that. The “Equal Pay Act” was created so no one in the working lifestyle would be or could be discriminated against for any reason pertaining to the job and their pay. In a world full of opportunities, no one expects to go into somewhere and not receive the correct pay due discrimination which is illegal and unfair in many aspects of life. The Equal Pay Act requires that men and women in the same workplace be given equal pay for...
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...within their workplace once they begin working. The statistical data collected and compiled within this literature review will attempt to support and prove that discrimination still exists today. The laws and regulations enacted within the United States to protect employees from the discriminatory practices of employers and whether they are adequately enforced will be discussed at length. Introduction There are thousands of discriminatory cases each year brought against corporations and employers by their employees and/or formal employees. The discrimination against individuals on the basis of gender is most prominent within the employment process, but also exists in the workplace after the acceptance of employment. Gender has been the subject of workplace discrimination and litigation for many years and recent data indicates that this trend is continuing. These types of discrimination are spread widely to include the assignment of roles, responsibilities, pay rates, and promotions just to name a few. The laws that were enacted in the U.S. in an attempt to discourage employers from participating in these types of discriminatory practices came about with the establishment of the Equal Employment Opportunity Commission (EEOC). The purpose of the EEOC is to enforce the laws and investigate allegations pertaining to...
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...When it comes to developing strategic pay plans it is important to have a good understanding of some basic factors to determine pay rates. Employee compensation is “all forms of pay going to employees and arising from their employment” (Dessler, 2013, p. 352). According to Dessler (2013), it consists of both “direct financial payments and indirect financial payments.” As we explore the case study of Acme Manufacturing, we will see the salary inequities and the struggles that the newly appointed president, Joe Black, has to go through to fix those issues. In an article titled “Fair Pay or Power Play?” Shin (2013) reported that “pay inequity provides strong motivation for CEOs to restore equity.” For this case, I will identify some issues and recommend some plans to resolve the salary inequities in the Acme case. Some key issues that existed within Acme Manufacturing were: lack of individual equity, internal equity issues, no pay structure for salaried employees, and lack of legal considerations in compensation. Equal Pay Act of 1963 (EPA) “makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.” (“Laws Enforced by EEOC,” n.d.). With the previous president, Bill George, salaried employees bargained their pay. Joe Black identified that there were female supervisors that were earning less than male supervisors. Ultimately the underlying issue was management failed to create a compensation plan that aligned with a reward strategy...
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...Statics from The National Domestic Violence reveals that 1 in 4 women have experienced some sort of abuse from a partner or by someone they know. Due to the amount of abuse that is faced by women birthed of the #MeToo Movement was born, instigated by the victims who faced sexual abuse from Harvey Weinstein, a major Hollywood producer. The #MeToo Movement help demonstrate the widespread prevalence of sexual assault and harassment, especially in the workplace. In the article, “#MeToo Has Done What the Law Could Not” by Catharine A. MacKinnon, a journalist for New York Times, stated, “Equal pay has been the law for decades and still does not exist. Racial discrimination is nominally illegal in many forms but is still widely practiced against people of color. If the same cultural inequalities are permitted to operate in law as in the behavior the law prohibits, equalizing attempts — such as sexual harassment law — will be systemically resisted.” MacKinnon comprehends the systemic issue that our law doesn’t digest, consequently, this leads to the victims to have to be the ones to spread the word around when it comes to abuse. While American has continuously strived to overcome inequality in different forms, it has yet to conquer the inequalities faced by abused...
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...Employee right against gender discrimination is traced back in the 1970s when the Women Rights movements demanded equality. These women, pressed for equal opportunity to the workplace, access to all occupations, to equal pay not just for similar work, but for comparable work. In 1979, the UN adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).” Despite the fact that the UN World Conference on Human Rights in Vienna confirmed that women’s rights were human rights.” Most people still think that there is gender discrimination in the workplace, and the employees have no right when it comes to these injustices such as gender-based discrimination on pay rise/payment, promotions, professionalism and assigned...
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...Carter Cleaning Centre Case Study 1.This is not true for some reasons. Irrespective of who is hired, once the process violates equal employment law, Jack can be accused of discrimination. Jack was wrong in not orientating his mangers on Equal Employment Opportunity, what to do or not to do to employees and new hires .In the case study; female applicants were asked questions about childcare whereas male applicants were excluded. Applicants from minority populations were also asked questions about credit and arrest records while non-minority applicants were not asked. Other discriminatory issues in the company include lower payment for older employee with more experience compared to what is being paid younger employees for the same amount of job as well as reports of sexual advances towards women by a store manager. Discrimination was made towards a 73 year old worker who had worked with the company for more than 50 years but collects less pay than employee doing same job and of lesser age. Such action is unlawful under the Equal Pay Right of 1963. Discrimination exists in the company with respect to hiring and employee management. They discriminate against colour, sex, age and payment. With respect to colour, 3 white males and 3 white females were appointed as store managers. For sex, the interview process was sex biased by asking some questions from female applicants and not asking the male counterpart...
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...Equal Equal Employment Employment Opportunity Act of 1972 Opportunity Act of 1972 The Equal Employment Opportunity Act 1972 Introduction I. History a. Presidents i. Franklin D. Roosevelt ii. Harry S. Truman iii. John F. Kennedy b. The act prohibits II. Why the law was created c. Fair treatment III. Who the law benefits d. e. IV. Who the law affects f. g. V. Improvement h. Women i. People with disabilities j. lack of accountability k. negative attitudes VI. Case Studies l. McDonnell Douglas Corp vs. Percy Green m. Four factors n. Morton v Mancari History of the Law There were several different titles passed by different Presidents leading up to the Employment act of 1972. They are as followed in order: * In June 1941, the day before World War II, President Franklin D. Roosevelt signed Executive Order 8802 prohibiting government contractors from engaging in employment discrimination based on race, color, or national origin. * In July 1948, President Harry S. Truman orders the desegregation of the Armed Forces by Executive Order 9981. * In March 1961, President John F. Kennedy signs Executive Order 10925 prohibiting federal government contractors from discriminating because of race and establishing the President's Committee on Equal Employment Opportunity. * In June 1963, Congress...
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...Right now, the unfortunate truth in America is that men and women are not receiving equal pay. An issue since the 1960’s, pay inequality based on gender still seems to an issue running rampant in today’s business world. While many people believe that equal pay is a must for men and women, there are many reasons why bridging the pay gap would hurt the economy, thus actually reeking more havoc than gender pay inequality ever has. Pay inequality is a major issue for many that remains in the forefront of the news. Pay inequality, otherwise known as the pay gap was brought to light in 1963 when the Equal Pay Act of 1963 labor law was amended to abolish wage disparity based on sex (“The Equal Pay Act: Equal Pay for Women”). While this amended law...
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...“glass ceiling” that ensures women will only go so far on the corporate ladder (Brayton Purcell 2010). Reasonable basis for discriminating Based on the case study I believe that the company was discriminating against the women with regards to pay. The analysis stated that all women performing the same functions as men were paid about $3.68 less than their counterparts. I know that this study was based back in the 1980’s were it was common for men to make more than women doing the same jobs and discrimination was shun upon at that time and if the employee felt like that there was the door. Also in the office jobs (secretaries) the company had a labor grade system and the office staff which by the way were all women where listed under the labor grade 1 which paid an average wage of $7.05-$10.50 per hour but the women were paid $7.15-$7.35 per hour well below the labor grade. Discrimination is clearly seen here because the organization didn’t pay their women employees the labor grade they had listed. The company needed to understand that yes they were paying women workers far less than the male counterparts and if the women felt like they had a case then a possible lawsuit could be file. Equal Pay Lawsuit/Additional Information I believe that there were grounds for the women employee to file an equal pay lawsuit. Clearly based on the analysis the women of CCP were paid far less and that the company’s...
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...Introduction: The debate in this study is that of whether or not to use comparable worth as the basis for future pay adjustments. Comparable worth, as defined by Merriam-Webster, is the concept that women and men should receive equal pay for jobs calling for comparable skill and responsibility or that is of comparable worth to the employer. To further expand on this, the term comparable worth describes the idea that gender biased jobs should be reanalyzed to determine their worth to an employer. In theory, the goal of comparable worth is to raise wages for traditionally female-biased jobs to the level of those for comparable male-biased jobs. Comparable worth should not be confused with equal pay for equal work. Comparable worth policies promote equal pay for comparable work. Facts: There has been a growing effort in the past few years to level the playing field with respect to pay in comparable jobs. As outlined previously there is a stark difference between comparable jobs and equal jobs. There is already a set of laws on the books ensuring that women are to be compensated as a man in the equal jobs. Comparisons can not be made between individuals holding the same job at different companies(1). This set of laws in called the Equality Pay Act of 1963(1). There is however, no such law stating that men and women should be compensated as to the terms of the concept of comparable worth. Under comparable worth, jobs would be rated, and points would be assigned according...
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...Week Three Team “C” Business Equal Pay Paper RES/351 October 12, 2013 Instructor: Fredrick Ohanesian Business Equal Pay Paper Many years in the pass, it has always been known that the pay scales or opportunity for men and women have been unequal in favor of men. There have been many reasons for the indifferences but none of them have been proven to be true. It is only now that it has become an issue for business due to the government regulations have now made it an ethical issue that has to be addressed or a business can be fined or shutdown if found not to be within the government standards. So the research question then becomes why management or companies continue to try to justify the need not to be regulated when it continues to be a problem within many organizations. Based on the history of this nation it was determined back in the 60’s that there were evidence that pay and benefits differences for women in similar jobs was not equal. The Equal Pay Act of 1963 and reinforced later with the Lilly Ledbetter Act of 2009 which has given the government the tools to address the problems for businesses for now and the future. It stated that if male or female or in a similar job with the same set of skills required to perform it the pay and benefits must be the same. If there is evidence of sex based wage discrimination within the same company or organization the employee or government can open an investigation to see if any equal opportunity laws have been violated. Once it...
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...Case Study: Salary Inequities at Acme Manufacturing When it comes to developing strategic pay plans it is important to have a good understanding of some basic factors to determine pay rates. Employee compensation is “all forms of pay going to employees and arising from their employment” (Dessler, 2013, p. 352). According to Dessler (2013), it consists of both “direct financial payments and indirect financial payments.” As we explore the case study of Acme Manufacturing, we will see the salary inequities and the struggles that the newly appointed president, Joe Black, has to go through to fix those issues. In an article titled “Fair Pay or Power Play?” Shin (2013) reported that “pay inequity provides strong motivation for CEOs to restore equity.” For this case, I will identify some issues and recommend some plans to resolve the salary inequities in the Acme case. Some key issues that existed within Acme Manufacturing were: lack of individual equity, internal equity issues, no pay structure for salaried employees, and lack of legal considerations in compensation. Equal Pay Act of 1963 (EPA) “makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.” (“Laws Enforced by EEOC,” n.d.). With the previous president, Bill George, salaried employees bargained their pay. Joe Black identified that there were female supervisors that were earning less than male supervisors. Ultimately the underlying issue was management failed to create...
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...The Equal Pay Act was officially approved on June 10, 1963 as an amendment of the Fair Labor Standard Act, and was to ensure that no employer discriminate based on the sex of the employee, particularly those of the opposite gender, “of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions” (U.S. Equal Employment Opportunity Commission, n.d.). However, the EPA is not inclusive to situations where seniority, merit, and production is being considered. Despite the passage of this law, evidence shows that wage gaps between men and women still exist today. Based on data collected back in 2014, it “shows that women earned 78.6 percent as much as their male counterparts” (Tufarolo, 2016 p. 306). These numbers are quite startling in considering how much...
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...Compensation Final: Three Essays Mr. Music MGT 320 April 27, 2011 1) Essay Question # 2: Issues of CEO pay that managers need to understand. CEO Pay Overview It seems as though no matter how bad the economy gets or how poorly a company performs, the Chief Executive Officer (CEO) (and other top executives) always come out in the best possible position, especially with compensation. Besides lavish compensation packages and best possible amenities, the CEO’s generally enjoy large severance packages or “golden parachutes”. Severance packages are basically contractual deals between the CEO and the corporation that in case the CEO is terminated for some reason or leaves the company, he/she is entitled to a specific sum of money on departure. Golden parachute is a term used to describe rich severance pay packages which in addition offer cash bonuses, stock options and benefits – essentially a complete and wealthy severance pay package. (Carroll & Buchholtz, 2009) The purpose of these packages was logical for industries prone to mergers, acquisitions or failure – it would protect the CEO in case the company experiences any of the above. Nevertheless it increased the moral hazard problem and the principal-agent problem within organizations. Basically the rationale has a fallacy where it protects the CEO and his/her pay if the company should fail, merge or be acquired but it doesn’t protect the company if the CEO performs badly and decides to bail out when the company is taking...
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...This case study is submitted in partial fulfillment of the requirements for the completion of MGT412 Touro University International College of Business Administration Module 1 INSTRUCTOR: The Women VS. Wal-Mart Gender or “sex-based” discrimination has been in existence for the past two decades. Many companies, employers, and analysts would argue that gender discrimination claims are exaggerated or taking advantages of the fact that so many pursue claims against companies. Most gender or “sex-based” discrimination claims are based on job promotions that were denied, unprofessional comments that were said to them or even something as simple as poor treatment in the workplace. In the paper I will be covering what legal statute(s) gave the EEOC the jurisdiction to prosecute the case, some new information concerning Wal-Mart since the start of the class-action suit and how private-sector organizations can help protect themselves from future claims of illegal discrimination. Federal laws were passed in the 1960s to help women have equal treatment within the workplace and are enforced by the Equal Employment Opportunity Commission (EEOC). Two specific federal laws that I want to bring up are the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. The EEOC were given jurisdiction to prosecute Dukes vs. Wal-mart case based off of those laws. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981 et seq., (Title VII) and the Equal Pay...
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