Wage Discrimination: What It Is, How To Identify It, & What To Do

Employers are legally responsible for treating their employees fairly and ethically. We have talked before about the Equal Employment Opportunity Commission and its mandates against making employment decisions based on race, sex, age, sexual orientation, and other discriminating factors. This week, our employment attorney at the Lake of the Ozarks is going to look specifically at another way employers are prohibited from discriminating against their employees.

Wage Discrimination: What It Is

The fact that people deserve equal pay for equal work seems like it should go without saying. Unfortunately, women and other minorities in the workforce find that this ideal is not always a part of their actual realities.

By law, employers are required to provide equal compensation to employees who perform equal work. The job titles do not have to be the same; rather, what constitutes "equal work" is based upon positions that are performed under similar conditions within the same establishment and require substantially equal skill, effort, and responsibility (source: U.S. Equal Employment Opportunity Commission). 

How To Identify It

Though they are legally required to provide equal compensation to employees who perform substantially equal work, not all employers abide by these laws. In some cases, employers may be guilty of wage discrimination when they display compensation preferences or advantages to one employee over another. "Compensation" encompasses a broad range of remuneration, including (but not limited to):

• Salary
• Bonuses
• Paid vacation
• Reimbursement for travel and other company expenses
• Stipends
• Profit sharing
• Health insurance
• Life insurance
• 401(k) contributions
• Other benefits

Though women are more commonly victimized by wage discrimination than men, the laws are designed to provide protection to both genders. Regardless of an employer's personal beliefs, preferences, or prejudices, he/she is prohibited from providing greater or lesser compensation to an employee based on his/her gender and/or accompanying familial situation. If you learn that a coworker who performs the same work as you is receiving a greater paycheck or added benefits, it is important to take swift action.

What To Do

This right to equal pay for equal work is governed and enforced by several laws. When an employer fails to provide equal compensation to employees who perform equal work, he/she may be subject to legal consequences.

If you believe you may be the victim of wage discrimination, contact a Lake of the Ozarks employment attorney. Your attorney can work with you to examine the specific details of your situation so that you can determine whether or not you may have the grounds for a legitimate case. If the right conditions are met, your attorney can work with you to take the appropriate steps.

Contact our employment law attorney in Lake Ozark MO to get started.

Remember, your initial consultation with Gibbons Law Firm is always free.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Invalid Reasons To Fire Someone

As a business owner with employees, it is your responsibility to build a team of professionals dedicated to your company's success. Significant challenges may arise when someone on your staff is not working towards the common goal of helping the company succeed. Smaller (but no less taxing) challenges may arise when someone on the team does not get along well with the rest of the staff. Unfortunately, firing an employee who is not a good fit for the company may not always be as simple as it sounds. Our employment attorney in Camden County MO is here to help you avoid stumbling into any adverse situations.

The Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) has developed a list of strict rules governing employers who hire and fire employees. The EEOC is designed to protect women and minorities who, in the past, have been discriminated against in the workplace based solely on certain characteristics. In an effort to ensure that all people are treated equally, the EEOC prohibits employers from making employment decisions about existing and potential employees based upon any sort of physical, cultural, ethnic, or religious characteristic.

Invalid Reasons To Fire Someone

There is an employment doctrine called "employment-at-will," which essentially allows employers to fire employees whenever they wish, sometimes seemingly for no reason at all. While the employment-at-will doctrine does not require employers to have specific reasons for firing someone in some cases, there are still certain reasons that cannot be used under any circumstances. If an employee can make a case for their termination being tied to one of these invalid reasons, the employer may face serious legal repercussions. For example, you cannot terminate employment because:

• Your employee is a woman or other minority.
• Your employee follows a different religion than you do.
• Your employee is over a certain age.
• Your employee belongs to a different nationality.

Beyond the regulations set by the EEOC, there are additional reasons that may not be used to fire someone. For example, employment decisions may not be used as a form of sexual harassment (e.g., terminating employment because your employee refused your request to go out on a date). You also cannot fire someone for "whistle blowing" - in order words, someone who reveals your company's illegal practices to the local authorities.

What Conditions Must Be Met In Order To Fire Someone?

In order to rightfully and lawfully terminate employment, you must be able to prove that the employee was not a good fit for the company and/or that the employee was not adequately meeting the expectations set forth within the job description and requirements.

Even if you terminated employment for valid reasons, a vengeful ex-employee may be able to create a convincing workplace discrimination case if you do not have documentation to back up your decision. If you hired a replacement that was ten years younger, for example, your ex-employee may be able to build a case for age discrimination even if that was not your true reasoning or intention. This is why it is important to always preserve documentation that supports your decision to fire someone (e.g., copies of emails requesting that a specific task be completed by a certain time). 

Contact Us With Questions About Employment Law

Employment law is a complex legal field - one that must be navigated carefully in order to avoid inadvertently creating a challenging situation. Our employment attorney in Osage Beach MO has the skills and expertise you need to protect your business interests as you manage employees. For more information about our employment law services at the Lake of the Ozarks, visit us at www.RGibbonsLawFirm.com.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.