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Equal pay for equal work

Equal pay for equal work[1] is the concept of labour rights that individuals in the same workplace be given equal pay.[1] It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.

Early history edit

As wage labor became increasingly formalized during the Industrial Revolution, women were often paid less than their male counterparts for the same labor, whether for the explicit reason that they were women or under another pretext. The principle of equal pay for equal work arose at the same part of first-wave feminism, with early efforts for equal pay being associated with nineteenth-century Trade Union activism in industrialized countries: for example, a series of strikes by unionized women in the UK in the 1830s.[2] Pressure from Trade Unions has had varied effects, with trade unions sometimes promoting conservatism. Carrie Ashton Johnson was an American suffragist who related equal pay and wages of women in the industrial workforce to the issue of women's suffrage. In 1895, she was quoted by the Chicago Tribune as having said, "When women are given the ballot, there will be equal pay for equal work."[3] However, following the Second World War, trade unions and the legislatures of industrialized countries gradually embraced the principle of equal pay for equal work; one example of this process is the UK's introduction of the Equal Pay Act 1970 in response both to the Treaty of Rome and the Ford sewing machinists strike of 1968. In recent years European trade unions have generally exerted pressure on states and employers to progress in this direction.[4]

International human rights law edit

In international human rights law, the statement on equal pay is the 1951 Equal Remuneration Convention, Convention 100 of the International Labour Organization, a United Nations body. The Convention states that

Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.[1]

Equal pay for equal work is also covered by Article 7 of the International Covenant on Economic, Social and Cultural Rights,[5] Article 4 of the European Social Charter,[6] and Article 15 of African Charter on Human and Peoples' Rights.[7] The Constitution of the International Labour Organization also proclaims "the principles of equal remuneration for equal value".[8]

The EEOC's four affirmative defenses allows unequal pay for equal work when the wages are set "pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) ... any other factor other than sex."[9] A pay differential due to one of these factors is not in breach of the convention.

Legal situation by jurisdiction edit

European Union/European Economic Area edit

Post-war Europe has seen a fairly consistent pattern in women's participation in the labour market and legislation to promote equal pay for equal work across Eastern and Western countries.[10][11]

Some countries now in the EU, including France, Germany, and Poland, had already enshrined the principle of equal pay for equal work in their constitutions before the foundation of the EU (see table below). When the European Economic Community, later the European Union (EU), was founded in 1957, the principle of equal pay for equal work was named as a key principle. Article 141 of the Treaty of Rome says "each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied."[12][13] While socially progressive, this decision does not necessarily indicate widespread progressive attitudes among the signatories to the treaty:

While this is often viewed as an example of the progressive nature of the European community, some argue that Article 141 (previously 119) was included largely as a concession to the French who already had equal pay legislation and feared that they would be at a comparative disadvantage.[14]

The EEC's legislation was clarified in 1975 by the binding and directly applicable equal pay directive 75/117/EEC.[15] This prohibited all discrimination on the grounds of sex in relation to pay; this and other directives were integrated into a single Directive in 2006 (2006/54/EC).[16]

At the national level the principle of equal pay is in general fully reflected in the legislation of the 28 EU member states and the additional countries of the European Economic Area (EEA), Iceland, Liechtenstein and Norway. The EU candidate countries of Macedonia and Turkey also adapted their legislation to EU standards.[17] The main national legislation concerning pay equity between men and women for different European countries is as follows.[4]

Country Main legal provisions
Austria The 1979 Act on Equal Treatment on Men and Women (as amended since)
Belgium The 1999 Law on Equal Treatment for Men and Women (Articles 12 and 25) and the Royal Decree of 9 December 1975
Bulgaria Equal pay for equal work included in the labour code[17]
Czech Republic Remuneration for work is regulated by Act no. 262/2006 Coll., the labour code, and by Act no. 234/2014 Coll., Civil Service Act.
Denmark The 1976 Act on Equal Pay for Men and Women, as amended since to include additional points
Finland The 1995 Constitution (section 5, paragraph 4) and the Act on Equality between Men and Women (section 8, paragraph 2)
France The 1946 Constitution and Articles L.140.2 and thereafter of the Labour Code
Germany The 1949 Constitution or "Basic Law" (Article 3)
Greece The 1975 Constitution (Article 22(1)), as amended in 2001, and Law 1484/1984 (Article 4)
Hungary Equal pay for equal work was previously included in the constitution,[17] but it has changed; there is now only equality between men and women, and the pay is in the Labour Code.
Iceland The 1961 Equal pay act (#60/1961),[18] 1976 Law for Equality between women and men (#78/1976[19]), 2008 Act on Equal Status and Equal Rights of Women and Men (#10/2008) and the amendment added to the law in 2017: Law on equal pay certification [20] according to the Equal Pay Standard introduced in 2012 (ÍST 85:2012[21])
Ireland The 1998 Employment Equality Act (IE9909144F),[22] repealing the 1974 Anti-Discrimination (Pay) Act and the 1977 Employment Equality Act
Israel The 1998 Law for Option Equality at Work and the 1996 Law for Equal Pay for Female Worker and Male Worker
Italy The Constitution (Articles 3 and 37),[23] Law 903/1977 (Article 2), and Law 125/1991
Latvia Equal pay for equal work included in the labour code[17]
Liechtenstein Equal pay for equal work included in the civil code[17]
Lithuania Equal pay for equal work included in the labour code[17]
Luxembourg The 1981 law relating to equal treatment between men and women and the 1974 Grand-Ducal Regulation of relating to equal pay for men and women (Articles 1, 2, 3(1), 3(2) and 4)
Malta The Constitution (Article 14) and the Equality for Men and Women Act
Netherlands The Constitution (Article 1) and the 1994 Law on Equal Treatment
Norway The 1978 Act on Gender Equality
Poland The 1997 Constitution, Chapter II, Article 33.2 enshrined the equal pay for equal work principle, already included in the 1952 Constitution.
Portugal The Constitution (Article 59) and Law 105/1997 relating to equal treatment at work and in employment
Romania Equal pay for equal work included in the constitution[17]
Slovakia Equal pay for equal work included in the constitution[17]
Spain The Constitution (Article 35) and the Workers' Statute (Articles 17 and 28).
Sweden The 1980 Act on Equality between Men and Women/Equal Opportunities Act, as amended since
UK The Equal Pay Act 1970, as amended by Equal Value Regulations of 1983, and the Sex Discrimination Act of 1975 and 1986, superseded by the Equality Act 2010

2018 Update Law on Equal Pay Certification based on the Equal Pay Standard in Iceland

Iceland introduced an Equal Pay Standard in 2012, ÍST 85:2012[21] (Equal wage management system - Requirements and guidance). The standard was developed by the Icelandic trade unions, the employers' confederation and government officials with the goal in mind that it would help employers prevent salary discrimination and enable them to become certified.

In 2017, the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men (#10/2008).[20] The amendment is a law on equal pay certification and was put into effect on January 1 in 2018.[20] According to the amendment companies and institutions employing 25 or more workers, on annual basis, will be required to obtain equal pay certification of their equal pay system and the implementation thereof. The purpose of this obligatory certification is to enforce the current legislation prohibiting discriminatory practices based on gender and requiring that women and men working for the same employer shall be paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value.[24]

United States edit

Federal law: Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 edit

By the 20th century, women made up about a quarter of United States workforce but were still paid far less than men, whether it was the same job or a different job. There were different laws for women in some states such as, not working at night and restriction of their working hours. Women started entering more factory jobs when World War II began to replace men who were enlisted in the military. The wage gap continued to escalate during the war. The National War Labor Board put policies in place to help provide equal pay for women who were directly replacing men.[25]

The first attempt at equal pay legislation in the United States, H.R. 5056, "Prohibiting Discrimination in Pay on Account of Sex", was introduced by Congresswoman Winifred C. Stanley of Buffalo, New York, on June 19, 1944.[26] Twenty years later, legislation passed by the federal government in 1963 made it illegal to pay men and women different wage rates for equal work on jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions.[27] One year after passing the Equal Pay Act, Congress passed the 1964 Civil Rights Act. Title VII of this act makes it unlawful to discriminate based on a person's race, religion, color, or sex.[28] Title VII attacks sex discrimination more broadly than the Equal Pay Act extending not only to wages but to compensation, terms, conditions or privileges of employment. Thus with the Equal Pay Act and Title VII, an employer cannot deny women equal pay for equal work; deny women transfers, promotions, or wage increases; manipulate job evaluations to relegate women's pay; or intentionally segregate men and women into jobs according to their gender.[29]

Since Congress was debating this bill at the same time that the Equal Pay Act was coming into effect, there was concern over how these two laws would interact, which led to the passage of Senator Bennett's Amendment. This Amendment states: "It Shall not be unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex ... if such differentiation is authorized by the provisions of the [Equal Pay Act]." There was confusion on the interpretation of this Amendment, which was left to the courts to resolve.[30] Thus US federal law now states that "employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment."[9]

New York state edit

In 1944, the state of New York outlawed wage discrimination based on one's gender.[31] On 10 July 2019, New York Governor Andrew Cuomo signed into law legislation guaranteeing equal pay for equal work regardless of one's gender.[32][33] This builds on the 1944 law by prohibiting employers from asking job candidates about their previously salary, a loophole that has had a history of enforcing pay inequality based on gender.[32] Cuomo signed the law in tandem with the 2019 Women's World Cup victory parade in New York City.[32][33]

Washington state edit

In Washington, Governor Evans implemented a pay equity study in 1973 and another in 1977.[34] The results clearly showed that when comparing male and female dominated jobs there was almost no overlap between the averages for similar jobs and in every sector, a twenty percent gap emerged. For example, a food service worker earned $472 per month, and a Delivery Truck Driver earned $792, though they were both given the same number of "points" on the scale of comparable worth to the state.[34] Unfortunately for the state, and for the female state workers, his successor Governor Dixie Lee Ray failed to implement the recommendations of the study (which clearly stated women made 20 percent less than men).[35] Thus in 1981, AFSCME filed a sex discrimination complaint with the EEOC against the State of Washington. The District Court ruled that since the state had done a study of sex discrimination in the state, found that there was severe disparities in wages, and had not done anything to ameliorate these disparities, this constituted discrimination under Title VII that was "pervasive and intentional".[36] The Court then ordered the State to pay its over 15,500 women back pay from 1979 based on a 1983 study of comparable worth.[37] This amounted to over $800 million. However, the United States Court of Appeals for the Ninth Circuit overturned this decision, stating that Washington had always required their employees' salaries to reflect the free market, and discrimination was one cause of many for wage disparities. The court stated, "the State did not create the market disparity ... [and] neither law nor logic deems the free market system a suspect enterprise."[38] While the suit was ultimately unsuccessful, it led to state legislation bolstering state workers' pay. The costs for implementing this equal pay policy was 2.6% of personnel costs for the state.[39]

Minnesota edit

In Minnesota, the state began considering a formal comparable worth policy in the late 1970s when the Minnesota Task Force of the Council on the Economic Status of Women commissioned Hay Associates to conduct a study. The results were staggering and similar to the results in Washington (there was a 20% gap between state male and female workers pay). Hay Associates proved that in the 19 years since the Equal Pay Act was passed, wage discrimination persisted and had even increased over from 1976 to 1981.[40] Using their point system, they noted that while delivery van drivers and clerk typists were both scaled with 117 points each of "worth" to the state, the delivery van driver (a male-dominated profession) was paid $1,382 a month while the clerk typist (a female dominated profession) was paid $1,115 a month.[41] The study also noted that women were severely underrepresented in manager and professional positions, and that state jobs were often segregated by sex. The study finally recommended that the state take several courses of action: 1) establish comparable worth considerations for female-dominated jobs; 2) set aside money to ameliorate the pay inequity; 3) encourage affirmative action for women and minorities and 4) continue analyzing the situation to improve it. The Minnesota Legislature moved immediately in response. In 1983 the state appropriated 21.8 million dollars to begin amending the pay disparities for state employees.[42] From 1982 to 1993, women's wages in the state increased 10%. According to the Star Tribune, in 2005 women in Minnesota state government made 97 cents to the dollar, ranking Minnesota as one of the most equal for female state workers in the country. Five years later in 2010, full pay equity for women in state employment was finally achieved, with recurring, typically minor pay adjustments in local governments occurring regularly.[43]

Federal law: Lilly Ledbetter Fair Pay Act edit

In 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, permitting women to sue employers for unfair pay up to 180 days after receiving an unfair paycheck. On 29 January 2016, he signed an executive order obliging all companies with at least 100 employees to disclose the pay of all workers to the federal government, with breakdowns of pay by race, gender, and ethnicity. The goal is to encourage employers to give equal pay for equal work by increasing transparency.[44]

Massachusetts edit

In August 2016, Massachusetts Governor Charlie Baker signed a bill to improve upon the already existing Massachusetts Equal Pay Act. On July 1, 2018, this updated amendment went into effect to protect employees from being asked their previous salary by their current employer.[45] Governor Baker sought change in the current system after recognizing that women in their respective fields, on average, were making 76 cents on the dollar compared to men doing the same job.[46] Under the updated Massachusetts Equal Pay Act, employers are not allowed to have disparity in pay for employees doing a job that requires the same level of skill, effort, and responsibility.[47] The Massachusetts Equal Pay Act only permits differences in pay when it is based on merit, seniority, revenue generated, education, and location or travel.[48] At the time of its arrival in 2018, the Massachusetts Equal Pay Act became the strongest advocate for equal pay between genders in the United States.[49] It became the first state to provide affirmative defense to employers under the condition they have performed a self-audit of their pay practices.[48][49] In order to be protected, there needs to be proven record of efforts made to close the disparity in pay before they become liable for double of the discriminated employee's lost wages.[48]

State and local laws, 2010s edit

California and New York City have adopted laws which prohibit employers from asking about salary history to determine the salary that will be offered for a new job. This is intended to narrow the gender pay gap by reducing the impact of past discrimination. Many other U.S. states were considering similar laws, as of May 2017.[50]

Australia edit

In 1948, the Universal Declaration of Human Rights started to recognize equal pay for equal work.[51] The Equal Remuneration Convention was released in 1951 by the International Labour Organization. The convention stated that it recommends jobs to be classified according to the nature of the work rather than who is performing the work. Women and men participated in protests, calling the government to fix the 1951 convention and make equal pay the law in Australia. In 1969, there was a case brought to the ACAC by the Australasian Meat Industry Employees Union against the Meat and Allied Trades Federation. Workers argued for equal pay for every employee and the ruling of the commission was that the general female award minimum wage at 85 per cent of the male wage. This decision helped equal pay for women who were working the same job that traditionally the men would do, but all the other women got the 85 per cent. In 1972 the decision was reassessed and rules that either women or men who are working at a similar job that has a similar value, are eligible for the same working rate.[52]

Under Australia's old centralised wage fixing system, "equal pay for work of equal value" by women was introduced in 1969. Anti-discrimination on the basis of sex was legislated in 1984.[53]

Canada edit

In Canadian usage, the terms pay equity and pay equality are used somewhat differently from in other countries. The two terms refer to distinctly separate legal concepts.

Pay equality, or equal pay for equal work, refers to the requirement that men and women be paid the same if performing the same job in the same organization. For example, a female electrician must be paid the same as a male electrician in the same organization. Reasonable differences are permitted if due to seniority or merit.

Pay equality is required by law in each of Canada's 14 legislative jurisdictions (ten provinces, three territories, and the federal government). Note that federal legislation applies only to those employers in certain federally regulated industries such as banks, broadcasters, and airlines, to name a few. For most employers, the relevant legislation is that of the respective province or territory.

For federally regulated employers, pay equality is guaranteed under the Canadian Human Rights Act.[54] In Ontario, pay equality is required under the Ontario Employment Standards Act.[55][failed verification] Every Canadian jurisdiction has similar legislation, although the name of the law will vary.

In contrast, pay equity, in the Canadian context, means that male-dominated occupations and female-dominated occupations of comparable value must be paid the same if within the same employer. The Canadian term pay equity is referred to as "comparable worth" in the US. For example, if an organization's nurses and electricians are deemed to have jobs of equal importance, they must be paid the same. One way of distinguishing the concepts is to note that pay equality addresses the rights of women employees as individuals, whereas pay equity addresses the rights of female-dominated occupations as groups.

Certain Canadian jurisdictions have pay equity legislation while others do not, hence the necessity of distinguishing between pay equity and pay equality in Canadian usage. For example, in Ontario, pay equality is guaranteed through the Ontario Employment Standards Act[55] while pay equity is guaranteed through the Ontario Pay Equity Act.[56] On the other hand, the three westernmost provinces (British Columbia, Alberta, and Saskatchewan) have pay equality legislation but no pay equity legislation. Some provinces (for example, Manitoba) have legislation that requires pay equity for public sector employers but not for private sector employers; meanwhile, pay equality legislation applies to everyone.

India edit

Constitutional protections edit

As part of its Directive Principles of State Policy, the Constitution of India through Article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women, and also ensuring that men and women have the right to an adequate means of livelihood. While these Directive Principles are not enforceable by any court of law, they are crucial to the governance of the country and a state is duty bound to consider them while enacting laws.[57]

While "equal pay for equal work" is not expressly a constitutional right, it has been read into the Constitution through the interpretation of Articles 14, 15 and 16 – which guarantee equality before the law, protection against discrimination and equality of opportunity in matters of public employment.[57][58] The Supreme Court of India has also declared this to be a constitutional goal, available to every individual and capable of being attained through the enforcement of their fundamental rights set out in Articles 14 through 16.[59] In a popular Supreme Court decision, the conditions of employment of the air-hostesses of Air India was challenged. The terms of employment required the mandatory retirement of females: (i) upon attaining the age of 33; (ii) if they were married within four years of service; or (iii) upon their first pregnancy. The court however struck down these provisions and held them to be arbitrary and discriminatory as it violated Articles 14, 15 and 16 of the Constitution.[60]

Statutory Protection edit

In 1976, the Equal Remuneration Act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities. This legislation not only provides women with a right to demand equal pay, but any inequality with respect to recruitment processes, job training, promotions, and transfers within the organization can also be challenged under this Act.[61] However, its scope does not extend to situations where: (i) a woman is attempting to comply with the requirements of laws giving women special treatment; and (ii) a woman is being accorded special treatment on account of the birth of a child, or the terms and conditions relating to retirement, marriage or death.[62] Companies and individual employers can both be held accountable to maintain the standards prescribed under this Act.[63] In various cases, the Supreme Court of India has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature. However, it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job, and not the duties potentially capable of being performed.[64]

Taiwan edit

Taiwan legislated the Act of Gender Equality in Employment in 2002.[65] It regulates that an employer must give the same salary to the workers who do the same work. The law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. Employees shall receive equal pay for equal work or equal value. However, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non-sexual or non-sexual-orientation factors, the above-mentioned restriction shall not apply. Employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph.[66]

Criticism edit

Criticisms of the principle of equal pay for equal work by women include criticism of the mechanisms used to achieve it and the methodology by which the gap is measured.[67] Some[who?] believe that government actions to correct gender pay disparity serve to interfere with the system of voluntary exchange. They argue the fundamental issue is that the employer is the owner of the job, not the government or the employee. The employer negotiates the job and pays according to performance, not according to job duties. Others contend that men are perceived to be high performers based on the same skill that a woman would have been able to do. A private business would not want to lose its best performers by compensating them less and can ill afford paying its lower performers higher because the overall productivity will decline.[68][69] However, the Independent Women's Forum cites another study that prognosticates the wage gap possibly disappearing "when controlled for experience, education, and number of years on the job".[70]

The difference between equal pay for equal work and equal pay for work of equal value edit

Equal pay for equal work Equal pay for work of equal value
Equal pay compares the pay of incumbents in the same or very similar jobs. Pay equity compares the value and pay of different jobs, such as nurse and electrician.
In Canada, either men or women can complain that their work is undervalued. If a male incumbent is paid less than a female incumbent in the same job, he can file a complaint. As well, a woman or man can complain if she or he is paid less than a man or woman in the same job. In Canada, only people (both men and women) in jobs traditionally reserved for women can complain that their work is undervalued. If nurses are paid less than electricians by the same employer, then they can file a complaint.

[71]

According to the Washington Center for Equitable Growth using data from the Bureau of Labor Statistics, occupations that are more male dominated tend to be paid better regardless of skill or education level.[72]

For example, it often requires a similar level of skill and education to be an electrician as it does to be a nurse.[71] However, electricians, a male-dominated field, earn more than nurses, a female-dominated field. In situations where, for example, the electrician is performing their job 200 feet above the base floor of an offshore oil rig, then pay should be higher because the risks are likewise higher. However, this does not explain the gap between the average work of electricians.[citation needed]

A criticism to equal pay for work of equal value is the lack of proper comparation mechanisms, it is based on subjective impressions and not based on real facts and statistics. As in previous example, checking statistic data from US BLS, we can prove that it is a false statement that electricians earn more than nurses. Based on the statistics electricians earn ~1015$/weekly[73] while nurses earn ~1223$/weekly,[74] so in this case proving that nurses, a female dominated field, earn more than electricians, a male dominated field.[citation needed]

Transparency laws edit

 
A woman holding up a sign protesting that she earns less than a "him" (a male coworker) for the same work

Transparency laws require companies to disclose wages to employees or the government. This can reduce the gender pay gap by allowing women to negotiate for equivalent pay (rather than a salary history which may reflect past discrimination) and by shaming employers into treating men and women equally.

United States edit

A number of jurisdictions in the United States have enacted laws which require employers to furnish salary ranges per role on job advertisements.

Colorado edit

In 2019, Colorado's Equal Pay for Equal Work Act was passed and signed into law, effective January 21, 2021.[75][76] During its first year, as the only US state with such a law, software engineer Aaron Batilos noticed that the rising need for remote work during the COVID-19 pandemic was overwhelmingly excluding the state of Colorado. He started a website, coloradoexcluded.com, which found hundreds of companies, including Nike, Airbnb, Spotify, and PETA, were excluding Colorado from hiring to avoid posting salary ranges.[75][77][78] In July 2022, the Colorado Department of Labor and Employment (CDLE) warning companies with a presence in Colorado that they were required to comply or face fines of $10,000 per violation.[79] Following CDLE's warning, the number of companies attempting to circumvent the law was drastically reduced.[80]

New York edit

In December 2020, New York City passed Int. 1208-2018, which was signed into law in January 2021.[81][82] The law was originally set to take effect on May 15, 2022, but was later delayed until November 1, 2022, after pushback from businesses resulted in amendments which limited the requirement to jobs which are physically located within the city limits.[76][83] A state-wide bill, Senate Bill (SB) S9427, was passed June 3, 2022,[84] but as of September 2022, Governor Kathy Hochul had not yet signed the bill into law.[83]

Washington edit

During 2021–2022, software engineer Cher Scarlett lobbied for an amendment to Washington's Equal Pay and Opportunities Act of 2019, which previously only required employers to disclose salary ranges upon request and prohibited the practice of requesting a candidate's salary history.[85] SB 5761 expanded the salary range requirement to all Washington job postings, and was signed into law on March 30, 2022, effective January 1, 2023.[86] Scarlett called on the states of New York and California to enact similar laws to end the exclusion of Colorado workers from job postings.[87]

California edit

In February 2022, Senator Monique Limón introduced SB 1162.[88] It was passed on August 30, 2022,[89] and signed into law September 27, 2022, effective January 1, 2023.[90] Additionally, under the 2022 amendment, employers with 100 or more employees must also submit an annual pay data report to the California Department of Fair Employment and Housing.[91]

See also edit

Bibliography edit

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  3. ^ "6 May 1895, 3 - Chicago Tribune at Newspapers.com". Newspapers.com. Retrieved 2020-12-16.
  4. ^ a b "Gender pay equity in Europe". Eurofound. Retrieved 2019-08-28.
  5. ^ International Covenant on Economic, Social and Cultural Rights, article 7
  6. ^ European Social Charter: Part II, Article 4, section 4
  7. ^ African Charter on Human and Peoples' Rights, Article 15
  8. ^ "ILOLEX: Constitution". arquivo.pt. Archived from the original on 25 December 2009. Retrieved 27 March 2018.
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External links edit

equal, equal, work, concept, labour, rights, that, individuals, same, workplace, given, equal, most, commonly, used, context, sexual, discrimination, relation, gender, equal, relates, full, range, payments, benefits, including, basic, salary, payments, bonuses. Equal pay for equal work 1 is the concept of labour rights that individuals in the same workplace be given equal pay 1 It is most commonly used in the context of sexual discrimination in relation to the gender pay gap Equal pay relates to the full range of payments and benefits including basic pay non salary payments bonuses and allowances Some countries have moved faster than others in addressing equal pay Contents 1 Early history 2 International human rights law 3 Legal situation by jurisdiction 3 1 European Union European Economic Area 3 2 United States 3 2 1 Federal law Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 3 2 2 New York state 3 2 3 Washington state 3 2 4 Minnesota 3 2 5 Federal law Lilly Ledbetter Fair Pay Act 3 2 6 Massachusetts 3 2 7 State and local laws 2010s 3 3 Australia 3 4 Canada 3 5 India 3 5 1 Constitutional protections 3 5 2 Statutory Protection 3 6 Taiwan 4 Criticism 5 The difference between equal pay for equal work and equal pay for work of equal value 6 Transparency laws 6 1 United States 6 1 1 Colorado 6 1 2 New York 6 1 3 Washington 6 1 4 California 7 See also 8 Bibliography 9 External linksEarly history editAs wage labor became increasingly formalized during the Industrial Revolution women were often paid less than their male counterparts for the same labor whether for the explicit reason that they were women or under another pretext The principle of equal pay for equal work arose at the same part of first wave feminism with early efforts for equal pay being associated with nineteenth century Trade Union activism in industrialized countries for example a series of strikes by unionized women in the UK in the 1830s 2 Pressure from Trade Unions has had varied effects with trade unions sometimes promoting conservatism Carrie Ashton Johnson was an American suffragist who related equal pay and wages of women in the industrial workforce to the issue of women s suffrage In 1895 she was quoted by the Chicago Tribune as having said When women are given the ballot there will be equal pay for equal work 3 However following the Second World War trade unions and the legislatures of industrialized countries gradually embraced the principle of equal pay for equal work one example of this process is the UK s introduction of the Equal Pay Act 1970 in response both to the Treaty of Rome and the Ford sewing machinists strike of 1968 In recent years European trade unions have generally exerted pressure on states and employers to progress in this direction 4 International human rights law editIn international human rights law the statement on equal pay is the 1951 Equal Remuneration Convention Convention 100 of the International Labour Organization a United Nations body The Convention states that Each Member shall by means appropriate to the methods in operation for determining rates of remuneration promote and in so far as is consistent with such methods ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value 1 dd Equal pay for equal work is also covered by Article 7 of the International Covenant on Economic Social and Cultural Rights 5 Article 4 of the European Social Charter 6 and Article 15 of African Charter on Human and Peoples Rights 7 The Constitution of the International Labour Organization also proclaims the principles of equal remuneration for equal value 8 The EEOC s four affirmative defenses allows unequal pay for equal work when the wages are set pursuant to i a seniority system ii a merit system iii a system which measures earnings by quantity or quality of production or iv any other factor other than sex 9 A pay differential due to one of these factors is not in breach of the convention Legal situation by jurisdiction editEuropean Union European Economic Area edit Post war Europe has seen a fairly consistent pattern in women s participation in the labour market and legislation to promote equal pay for equal work across Eastern and Western countries 10 11 Some countries now in the EU including France Germany and Poland had already enshrined the principle of equal pay for equal work in their constitutions before the foundation of the EU see table below When the European Economic Community later the European Union EU was founded in 1957 the principle of equal pay for equal work was named as a key principle Article 141 of the Treaty of Rome says each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied 12 13 While socially progressive this decision does not necessarily indicate widespread progressive attitudes among the signatories to the treaty While this is often viewed as an example of the progressive nature of the European community some argue that Article 141 previously 119 was included largely as a concession to the French who already had equal pay legislation and feared that they would be at a comparative disadvantage 14 dd The EEC s legislation was clarified in 1975 by the binding and directly applicable equal pay directive 75 117 EEC 15 This prohibited all discrimination on the grounds of sex in relation to pay this and other directives were integrated into a single Directive in 2006 2006 54 EC 16 At the national level the principle of equal pay is in general fully reflected in the legislation of the 28 EU member states and the additional countries of the European Economic Area EEA Iceland Liechtenstein and Norway The EU candidate countries of Macedonia and Turkey also adapted their legislation to EU standards 17 The main national legislation concerning pay equity between men and women for different European countries is as follows 4 Country Main legal provisionsAustria The 1979 Act on Equal Treatment on Men and Women as amended since Belgium The 1999 Law on Equal Treatment for Men and Women Articles 12 and 25 and the Royal Decree of 9 December 1975Bulgaria Equal pay for equal work included in the labour code 17 Czech Republic Remuneration for work is regulated by Act no 262 2006 Coll the labour code and by Act no 234 2014 Coll Civil Service Act Denmark The 1976 Act on Equal Pay for Men and Women as amended since to include additional pointsFinland The 1995 Constitution section 5 paragraph 4 and the Act on Equality between Men and Women section 8 paragraph 2 France The 1946 Constitution and Articles L 140 2 and thereafter of the Labour CodeGermany The 1949 Constitution or Basic Law Article 3 Greece The 1975 Constitution Article 22 1 as amended in 2001 and Law 1484 1984 Article 4 Hungary Equal pay for equal work was previously included in the constitution 17 but it has changed there is now only equality between men and women and the pay is in the Labour Code Iceland The 1961 Equal pay act 60 1961 18 1976 Law for Equality between women and men 78 1976 19 2008 Act on Equal Status and Equal Rights of Women and Men 10 2008 and the amendment added to the law in 2017 Law on equal pay certification 20 according to the Equal Pay Standard introduced in 2012 IST 85 2012 21 Ireland The 1998 Employment Equality Act IE9909144F 22 repealing the 1974 Anti Discrimination Pay Act and the 1977 Employment Equality ActIsrael The 1998 Law for Option Equality at Work and the 1996 Law for Equal Pay for Female Worker and Male WorkerItaly The Constitution Articles 3 and 37 23 Law 903 1977 Article 2 and Law 125 1991Latvia Equal pay for equal work included in the labour code 17 Liechtenstein Equal pay for equal work included in the civil code 17 Lithuania Equal pay for equal work included in the labour code 17 Luxembourg The 1981 law relating to equal treatment between men and women and the 1974 Grand Ducal Regulation of relating to equal pay for men and women Articles 1 2 3 1 3 2 and 4 Malta The Constitution Article 14 and the Equality for Men and Women ActNetherlands The Constitution Article 1 and the 1994 Law on Equal TreatmentNorway The 1978 Act on Gender EqualityPoland The 1997 Constitution Chapter II Article 33 2 enshrined the equal pay for equal work principle already included in the 1952 Constitution Portugal The Constitution Article 59 and Law 105 1997 relating to equal treatment at work and in employmentRomania Equal pay for equal work included in the constitution 17 Slovakia Equal pay for equal work included in the constitution 17 Spain The Constitution Article 35 and the Workers Statute Articles 17 and 28 Sweden The 1980 Act on Equality between Men and Women Equal Opportunities Act as amended sinceUK The Equal Pay Act 1970 as amended by Equal Value Regulations of 1983 and the Sex Discrimination Act of 1975 and 1986 superseded by the Equality Act 20102018 Update Law on Equal Pay Certification based on the Equal Pay Standard in IcelandIceland introduced an Equal Pay Standard in 2012 IST 85 2012 21 Equal wage management system Requirements and guidance The standard was developed by the Icelandic trade unions the employers confederation and government officials with the goal in mind that it would help employers prevent salary discrimination and enable them to become certified In 2017 the Icelandic government decided to add an amendment to the 2008 laws Act on Equal Status and Equal Rights of Women and Men 10 2008 20 The amendment is a law on equal pay certification and was put into effect on January 1 in 2018 20 According to the amendment companies and institutions employing 25 or more workers on annual basis will be required to obtain equal pay certification of their equal pay system and the implementation thereof The purpose of this obligatory certification is to enforce the current legislation prohibiting discriminatory practices based on gender and requiring that women and men working for the same employer shall be paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value 24 United States edit See also Gender pay gap in the United States Federal law Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 edit Main articles Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 By the 20th century women made up about a quarter of United States workforce but were still paid far less than men whether it was the same job or a different job There were different laws for women in some states such as not working at night and restriction of their working hours Women started entering more factory jobs when World War II began to replace men who were enlisted in the military The wage gap continued to escalate during the war The National War Labor Board put policies in place to help provide equal pay for women who were directly replacing men 25 The first attempt at equal pay legislation in the United States H R 5056 Prohibiting Discrimination in Pay on Account of Sex was introduced by Congresswoman Winifred C Stanley of Buffalo New York on June 19 1944 26 Twenty years later legislation passed by the federal government in 1963 made it illegal to pay men and women different wage rates for equal work on jobs that require equal skill effort and responsibility and are performed under similar working conditions 27 One year after passing the Equal Pay Act Congress passed the 1964 Civil Rights Act Title VII of this act makes it unlawful to discriminate based on a person s race religion color or sex 28 Title VII attacks sex discrimination more broadly than the Equal Pay Act extending not only to wages but to compensation terms conditions or privileges of employment Thus with the Equal Pay Act and Title VII an employer cannot deny women equal pay for equal work deny women transfers promotions or wage increases manipulate job evaluations to relegate women s pay or intentionally segregate men and women into jobs according to their gender 29 Since Congress was debating this bill at the same time that the Equal Pay Act was coming into effect there was concern over how these two laws would interact which led to the passage of Senator Bennett s Amendment This Amendment states It Shall not be unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex if such differentiation is authorized by the provisions of the Equal Pay Act There was confusion on the interpretation of this Amendment which was left to the courts to resolve 30 Thus US federal law now states that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill effort and responsibility and that are performed under similar working conditions within the same establishment 9 New York state edit In 1944 the state of New York outlawed wage discrimination based on one s gender 31 On 10 July 2019 New York Governor Andrew Cuomo signed into law legislation guaranteeing equal pay for equal work regardless of one s gender 32 33 This builds on the 1944 law by prohibiting employers from asking job candidates about their previously salary a loophole that has had a history of enforcing pay inequality based on gender 32 Cuomo signed the law in tandem with the 2019 Women s World Cup victory parade in New York City 32 33 Washington state edit In Washington Governor Evans implemented a pay equity study in 1973 and another in 1977 34 The results clearly showed that when comparing male and female dominated jobs there was almost no overlap between the averages for similar jobs and in every sector a twenty percent gap emerged For example a food service worker earned 472 per month and a Delivery Truck Driver earned 792 though they were both given the same number of points on the scale of comparable worth to the state 34 Unfortunately for the state and for the female state workers his successor Governor Dixie Lee Ray failed to implement the recommendations of the study which clearly stated women made 20 percent less than men 35 Thus in 1981 AFSCME filed a sex discrimination complaint with the EEOC against the State of Washington The District Court ruled that since the state had done a study of sex discrimination in the state found that there was severe disparities in wages and had not done anything to ameliorate these disparities this constituted discrimination under Title VII that was pervasive and intentional 36 The Court then ordered the State to pay its over 15 500 women back pay from 1979 based on a 1983 study of comparable worth 37 This amounted to over 800 million However the United States Court of Appeals for the Ninth Circuit overturned this decision stating that Washington had always required their employees salaries to reflect the free market and discrimination was one cause of many for wage disparities The court stated the State did not create the market disparity and neither law nor logic deems the free market system a suspect enterprise 38 While the suit was ultimately unsuccessful it led to state legislation bolstering state workers pay The costs for implementing this equal pay policy was 2 6 of personnel costs for the state 39 Minnesota edit In Minnesota the state began considering a formal comparable worth policy in the late 1970s when the Minnesota Task Force of the Council on the Economic Status of Women commissioned Hay Associates to conduct a study The results were staggering and similar to the results in Washington there was a 20 gap between state male and female workers pay Hay Associates proved that in the 19 years since the Equal Pay Act was passed wage discrimination persisted and had even increased over from 1976 to 1981 40 Using their point system they noted that while delivery van drivers and clerk typists were both scaled with 117 points each of worth to the state the delivery van driver a male dominated profession was paid 1 382 a month while the clerk typist a female dominated profession was paid 1 115 a month 41 The study also noted that women were severely underrepresented in manager and professional positions and that state jobs were often segregated by sex The study finally recommended that the state take several courses of action 1 establish comparable worth considerations for female dominated jobs 2 set aside money to ameliorate the pay inequity 3 encourage affirmative action for women and minorities and 4 continue analyzing the situation to improve it The Minnesota Legislature moved immediately in response In 1983 the state appropriated 21 8 million dollars to begin amending the pay disparities for state employees 42 From 1982 to 1993 women s wages in the state increased 10 According to the Star Tribune in 2005 women in Minnesota state government made 97 cents to the dollar ranking Minnesota as one of the most equal for female state workers in the country Five years later in 2010 full pay equity for women in state employment was finally achieved with recurring typically minor pay adjustments in local governments occurring regularly 43 Federal law Lilly Ledbetter Fair Pay Act edit In 2009 President Obama signed the Lilly Ledbetter Fair Pay Act permitting women to sue employers for unfair pay up to 180 days after receiving an unfair paycheck On 29 January 2016 he signed an executive order obliging all companies with at least 100 employees to disclose the pay of all workers to the federal government with breakdowns of pay by race gender and ethnicity The goal is to encourage employers to give equal pay for equal work by increasing transparency 44 Massachusetts edit In August 2016 Massachusetts Governor Charlie Baker signed a bill to improve upon the already existing Massachusetts Equal Pay Act On July 1 2018 this updated amendment went into effect to protect employees from being asked their previous salary by their current employer 45 Governor Baker sought change in the current system after recognizing that women in their respective fields on average were making 76 cents on the dollar compared to men doing the same job 46 Under the updated Massachusetts Equal Pay Act employers are not allowed to have disparity in pay for employees doing a job that requires the same level of skill effort and responsibility 47 The Massachusetts Equal Pay Act only permits differences in pay when it is based on merit seniority revenue generated education and location or travel 48 At the time of its arrival in 2018 the Massachusetts Equal Pay Act became the strongest advocate for equal pay between genders in the United States 49 It became the first state to provide affirmative defense to employers under the condition they have performed a self audit of their pay practices 48 49 In order to be protected there needs to be proven record of efforts made to close the disparity in pay before they become liable for double of the discriminated employee s lost wages 48 State and local laws 2010s edit California and New York City have adopted laws which prohibit employers from asking about salary history to determine the salary that will be offered for a new job This is intended to narrow the gender pay gap by reducing the impact of past discrimination Many other U S states were considering similar laws as of May 2017 50 Australia edit Main article Gender pay gap in Australia In 1948 the Universal Declaration of Human Rights started to recognize equal pay for equal work 51 The Equal Remuneration Convention was released in 1951 by the International Labour Organization The convention stated that it recommends jobs to be classified according to the nature of the work rather than who is performing the work Women and men participated in protests calling the government to fix the 1951 convention and make equal pay the law in Australia In 1969 there was a case brought to the ACAC by the Australasian Meat Industry Employees Union against the Meat and Allied Trades Federation Workers argued for equal pay for every employee and the ruling of the commission was that the general female award minimum wage at 85 per cent of the male wage This decision helped equal pay for women who were working the same job that traditionally the men would do but all the other women got the 85 per cent In 1972 the decision was reassessed and rules that either women or men who are working at a similar job that has a similar value are eligible for the same working rate 52 Under Australia s old centralised wage fixing system equal pay for work of equal value by women was introduced in 1969 Anti discrimination on the basis of sex was legislated in 1984 53 Canada edit In Canadian usage the terms pay equity and pay equality are used somewhat differently from in other countries The two terms refer to distinctly separate legal concepts Pay equality or equal pay for equal work refers to the requirement that men and women be paid the same if performing the same job in the same organization For example a female electrician must be paid the same as a male electrician in the same organization Reasonable differences are permitted if due to seniority or merit Pay equality is required by law in each of Canada s 14 legislative jurisdictions ten provinces three territories and the federal government Note that federal legislation applies only to those employers in certain federally regulated industries such as banks broadcasters and airlines to name a few For most employers the relevant legislation is that of the respective province or territory For federally regulated employers pay equality is guaranteed under the Canadian Human Rights Act 54 In Ontario pay equality is required under the Ontario Employment Standards Act 55 failed verification Every Canadian jurisdiction has similar legislation although the name of the law will vary In contrast pay equity in the Canadian context means that male dominated occupations and female dominated occupations of comparable value must be paid the same if within the same employer The Canadian term pay equity is referred to as comparable worth in the US For example if an organization s nurses and electricians are deemed to have jobs of equal importance they must be paid the same One way of distinguishing the concepts is to note that pay equality addresses the rights of women employees as individuals whereas pay equity addresses the rights of female dominated occupations as groups Certain Canadian jurisdictions have pay equity legislation while others do not hence the necessity of distinguishing between pay equity and pay equality in Canadian usage For example in Ontario pay equality is guaranteed through the Ontario Employment Standards Act 55 while pay equity is guaranteed through the Ontario Pay Equity Act 56 On the other hand the three westernmost provinces British Columbia Alberta and Saskatchewan have pay equality legislation but no pay equity legislation Some provinces for example Manitoba have legislation that requires pay equity for public sector employers but not for private sector employers meanwhile pay equality legislation applies to everyone India edit Constitutional protections edit As part of its Directive Principles of State Policy the Constitution of India through Article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women and also ensuring that men and women have the right to an adequate means of livelihood While these Directive Principles are not enforceable by any court of law they are crucial to the governance of the country and a state is duty bound to consider them while enacting laws 57 While equal pay for equal work is not expressly a constitutional right it has been read into the Constitution through the interpretation of Articles 14 15 and 16 which guarantee equality before the law protection against discrimination and equality of opportunity in matters of public employment 57 58 The Supreme Court of India has also declared this to be a constitutional goal available to every individual and capable of being attained through the enforcement of their fundamental rights set out in Articles 14 through 16 59 In a popular Supreme Court decision the conditions of employment of the air hostesses of Air India was challenged The terms of employment required the mandatory retirement of females i upon attaining the age of 33 ii if they were married within four years of service or iii upon their first pregnancy The court however struck down these provisions and held them to be arbitrary and discriminatory as it violated Articles 14 15 and 16 of the Constitution 60 Statutory Protection edit In 1976 the Equal Remuneration Act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities This legislation not only provides women with a right to demand equal pay but any inequality with respect to recruitment processes job training promotions and transfers within the organization can also be challenged under this Act 61 However its scope does not extend to situations where i a woman is attempting to comply with the requirements of laws giving women special treatment and ii a woman is being accorded special treatment on account of the birth of a child or the terms and conditions relating to retirement marriage or death 62 Companies and individual employers can both be held accountable to maintain the standards prescribed under this Act 63 In various cases the Supreme Court of India has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature However it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job and not the duties potentially capable of being performed 64 Taiwan edit Taiwan legislated the Act of Gender Equality in Employment in 2002 65 It regulates that an employer must give the same salary to the workers who do the same work The law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages Employees shall receive equal pay for equal work or equal value However if such differentials are the result of seniority systems award and discipline systems merit systems or other justifiable reasons of non sexual or non sexual orientation factors the above mentioned restriction shall not apply Employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph 66 Criticism editCriticisms of the principle of equal pay for equal work by women include criticism of the mechanisms used to achieve it and the methodology by which the gap is measured 67 Some who believe that government actions to correct gender pay disparity serve to interfere with the system of voluntary exchange They argue the fundamental issue is that the employer is the owner of the job not the government or the employee The employer negotiates the job and pays according to performance not according to job duties Others contend that men are perceived to be high performers based on the same skill that a woman would have been able to do A private business would not want to lose its best performers by compensating them less and can ill afford paying its lower performers higher because the overall productivity will decline 68 69 However the Independent Women s Forum cites another study that prognosticates the wage gap possibly disappearing when controlled for experience education and number of years on the job 70 The difference between equal pay for equal work and equal pay for work of equal value editEqual pay for equal work Equal pay for work of equal valueEqual pay compares the pay of incumbents in the same or very similar jobs Pay equity compares the value and pay of different jobs such as nurse and electrician In Canada either men or women can complain that their work is undervalued If a male incumbent is paid less than a female incumbent in the same job he can file a complaint As well a woman or man can complain if she or he is paid less than a man or woman in the same job In Canada only people both men and women in jobs traditionally reserved for women can complain that their work is undervalued If nurses are paid less than electricians by the same employer then they can file a complaint 71 According to the Washington Center for Equitable Growth using data from the Bureau of Labor Statistics occupations that are more male dominated tend to be paid better regardless of skill or education level 72 For example it often requires a similar level of skill and education to be an electrician as it does to be a nurse 71 However electricians a male dominated field earn more than nurses a female dominated field In situations where for example the electrician is performing their job 200 feet above the base floor of an offshore oil rig then pay should be higher because the risks are likewise higher However this does not explain the gap between the average work of electricians citation needed A criticism to equal pay for work of equal value is the lack of proper comparation mechanisms it is based on subjective impressions and not based on real facts and statistics As in previous example checking statistic data from US BLS we can prove that it is a false statement that electricians earn more than nurses Based on the statistics electricians earn 1015 weekly 73 while nurses earn 1223 weekly 74 so in this case proving that nurses a female dominated field earn more than electricians a male dominated field citation needed Transparency laws editMain article Compensation transparency nbsp A woman holding up a sign protesting that she earns less than a him a male coworker for the same workTransparency laws require companies to disclose wages to employees or the government This can reduce the gender pay gap by allowing women to negotiate for equivalent pay rather than a salary history which may reflect past discrimination and by shaming employers into treating men and women equally United States edit A number of jurisdictions in the United States have enacted laws which require employers to furnish salary ranges per role on job advertisements Colorado edit In 2019 Colorado s Equal Pay for Equal Work Act was passed and signed into law effective January 21 2021 75 76 During its first year as the only US state with such a law software engineer Aaron Batilos noticed that the rising need for remote work during the COVID 19 pandemic was overwhelmingly excluding the state of Colorado He started a website coloradoexcluded com which found hundreds of companies including Nike Airbnb Spotify and PETA were excluding Colorado from hiring to avoid posting salary ranges 75 77 78 In July 2022 the Colorado Department of Labor and Employment CDLE warning companies with a presence in Colorado that they were required to comply or face fines of 10 000 per violation 79 Following CDLE s warning the number of companies attempting to circumvent the law was drastically reduced 80 New York edit In December 2020 New York City passed Int 1208 2018 which was signed into law in January 2021 81 82 The law was originally set to take effect on May 15 2022 but was later delayed until November 1 2022 after pushback from businesses resulted in amendments which limited the requirement to jobs which are physically located within the city limits 76 83 A state wide bill Senate Bill SB S9427 was passed June 3 2022 84 but as of September 2022 Governor Kathy Hochul had not yet signed the bill into law 83 Washington edit During 2021 2022 software engineer Cher Scarlett lobbied for an amendment to Washington s Equal Pay and Opportunities Act of 2019 which previously only required employers to disclose salary ranges upon request and prohibited the practice of requesting a candidate s salary history 85 SB 5761 expanded the salary range requirement to all Washington job postings and was signed into law on March 30 2022 effective January 1 2023 86 Scarlett called on the states of New York and California to enact similar laws to end the exclusion of Colorado workers from job postings 87 California edit In February 2022 Senator Monique Limon introduced SB 1162 88 It was passed on August 30 2022 89 and signed into law September 27 2022 effective January 1 2023 90 Additionally under the 2022 amendment employers with 100 or more employees must also submit an annual pay data report to the California Department of Fair Employment and Housing 91 See also editAllonby v Accrington and Rossendale College Equal Pay Day Feminization of poverty Gender pay gap in India Glass ceiling Law of one price Material feminismBibliography edit a b c Equal Pay and Compensation Discrimination www eeoc gov Retrieved 27 March 2018 University London Metropolitan Winning Equal Pay The value of women s work www unionhistory info Retrieved 2019 08 28 6 May 1895 3 Chicago Tribune at Newspapers com Newspapers com Retrieved 2020 12 16 a b Gender pay equity in Europe Eurofound Retrieved 2019 08 28 International Covenant on Economic Social and Cultural Rights article 7 European Social Charter Part II Article 4 section 4 African Charter on Human and Peoples Rights Article 15 ILOLEX Constitution arquivo pt Archived from the original on 25 December 2009 Retrieved 27 March 2018 a b U S Equal Employment Opportunity Commission EEOC Facts About Equal Pay and Compensation Discrimination accessed on August 26 2011 Movileanu Angela 2011 Equal Pay In Stange Mary Zeiss Oyster Carol K Sloan Jane E eds Encyclopedia of Women in Today s World SAGE pp 491 93 at p 492 Koldinska Kristina March 2007 Gender Equality Before and After the Enlargement of EU The Case of the Czech Republic European Law Journal 13 2 238 252 doi 10 1111 j 1468 0386 2007 00366 x S2CID 154210678 Treaty establishing the European Community Nice consolidated version Part Three Community policies Title XI Social policy education vocational training and youth Chapter 1 Social Provisions Article 141 Article 119 EC Treaty Maastricht consolidated version Article 119 EEC Treaty University London Metropolitan Winning Equal Pay The value of women s work www unionhistory info Retrieved 2019 08 28 New JNCHES Equality Working Group The Gender Pay Gap A Literature Review p 7 fn 15 citing Townsend Smith Sex Discrimination in Employment London Sweet and Maxwell 1989 Council Directive 75 117 EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women New JNCHES Equality Working Group The Gender Pay Gap A Literature Review p 7 a b c d e f g h Gender equality European Commission European Commission Retrieved 2019 11 18 Launajofnudur karla og kvenna Althingi Retrieved 27 March 2018 Jafnretti kvenna og karla Althingi Retrieved 27 March 2018 a b c 10 2008 Log um jafna stodu og jafnan rett kvenna og karla Althingi Retrieved 27 March 2018 a b Stadlabudin IST 85 2012 e www stadlar is Retrieved 27 March 2018 The implications of the Employment Equality Act 1998 Eurofound Retrieved 2019 08 28 The Italian Constitution The official website of the Presidency of the Italian Republic Working women are entitled to equal rights and for comparable jobs equal pay as men Working conditions must allow women to fulfil their essential role in the family and ensure appropriate protection for the mother and child New Icelandic law on Equal Pay Certification entered into force on January 1 2018 www government is Retrieved 27 March 2018 Equal Pay Act HISTORY Retrieved 2020 11 22 H R 5056 Prohibiting Discrimination in Pay on Account of Sex HR 78A B1 06 19 1944 Records of the U S House of Representatives ARC 4397822 Series Bills and Resolutions Originating in the House 1789 2015 1944 06 19 Retrieved April 24 2015 Equal Pay Act of 1963 Archived 2011 11 23 at the Wayback Machine finduslaw com Civil Rights Act of 1964 42 U S C 2000e 2000e 17 Williams Robert et al Closer Look at Comparable Worth A Study of the Basic Questions to be Addressed in Approaching Pay Equity National Foundation for the Study of Equal Employment Policy Washington DC 1984 pg 28 Webber Katie Comparable Worth Its Present Status and the Problem of Measurement Hamline Journal of Public Law Vol 6 No 38 1985 pg 37 N Y Labor Law Section 199 a Equal Pay for Equal Work Columbia Law Review 46 3 442 452 1946 doi 10 2307 1118140 ISSN 0010 1958 JSTOR 1118140 a b c Cuomo Signs Equal Pay Law on Day NYC Honors USWNT Champs NBC New York Retrieved 2019 08 28 a b Slattery Dave Goldiner Denis Cuomo and de Blasio trumpet equal pay at World Cup ticker tape parade but women soccer heroes grab spotlight nydailynews com Retrieved 2019 08 28 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link a b Remick Helen A Want of Harmony Perspectives on Wage Discrimination and Comparable Worth Ed Remick Helen Comparable Worth and Wage Discrimination Technical Possibilities and Political Realities Temple University Press Philadelphia 1984 pg 102 Stewart Debra A State Initiatives in the Federal System The Politics and Policy of Comparable Worth in 1984 Publius Vol 15 No 3 Summer 1985 pg 84 American Federation of State County and Municipal Employees AFL CIO AFSCME et al v State of Washington et al No C 82 465T District Court for the Western District of Washington 1983 Legler Joel Ivan City County and State Government Liability for Sex Based Wage Discrimination After County of Washington v Gunther and AFSCME v Washington The Urban Lawyer Vol 17 No 2 Spring 1985 pg 241 American Federation of State County and Municipal Employees AFL CIO AFSCME et al v State of Washington et al 770 F 2d 1401 9th Cir 1985 National Committee on Pay Equity pay equity org Accessed Nov 8 2010 Cook Alice H Comparable Worth A Case book of experiences in states and localities Industrial Relations Center University of Hawaii at Manoa 1985 pg 141 Pay Equity The Minnesota Experience Fifth Edition Legislative Commission on the Economic Status of Women April 1994 pg 13 Stewart Debra A State Initiatives in the Federal System The Politics and Policy of Comparable Worth in 1984 Publius Vol 15 No 3 Summer 1985 pg 91 EDITORIAL Minnesota s pay equity achievement Star Tribune Retrieved 2019 10 08 Lam Bourree 29 January 2016 Obama s New Equal Pay Rules The Atlantic Retrieved 1 February 2016 Asgari Maryam M Carr Phyllis L Bates Carol K April 5 2019 Closing the Gender Wage Gap and Achieving Professional Equity in Medicine PDF JAMA 321 17 1665 1666 doi 10 1001 jama 2019 4168 PMID 30951141 S2CID 96436112 Efforts To Close The Gender Pay Gap In Massachusetts NPR org Retrieved 2021 02 28 Section 105A The 192nd General Court of the Commonwealth of Massachusetts a b c Learn more details about the Massachusetts Equal Pay Act Mass gov www mass gov Retrieved 2021 02 28 a b Alford Catherine Lehmann Jee Yeon Mann Charlotte Neyens Liz Seitz Shannon April 25 2018 Proactive Pay Equity Studies Can Shield Mass Employers PDF Law360 Analysis Group Inc Proposals Aim To Combat Discrimination Based On Salary History NPR org Equal pay handbook PDF corporateName National Museum of Australia address Lawson Crescent Acton Peninsula National Museum of Australia Equal pay for women www nma gov au Retrieved 2020 11 22 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Department of Foreign Affairs and Trade About Australia Women Towards Equality Archived from the original on 2012 02 06 Retrieved 2014 02 06 Commission Canadian Human Rights personne La Commission canadienne des droits de la 2013 03 19 Welcome www chrc ccdp gc ca Retrieved 2019 08 28 a b Government of Ontario Ministry of Labour Employment Standards www labour gov on ca Retrieved 2019 08 28 Pay Equity Commission Pay Equity Commission www payequity gov on ca Retrieved 2019 08 28 a b Devi Kovuru January 1 2000 Women s Equality in India A Myth Or Reality Discovery Publishing House pp 49 50 ISBN 81 7141 563 6 The Constitution of India Articles 14 16 PDF Archived from the original PDF on 2014 09 09 Union of India v Dineshan K K SCC 1 586 2008 Air India vs Nargesh Mirza AIR 1981 SC 1829 Section 4 and 5 Equal Remuneration Act 1976 PDF Archived from the original PDF on April 21 2015 Section 15 Equal Remuneration Act 1976 PDF Archived from the original PDF on April 21 2015 Section 11 Equal Remuneration Act 1976 PDF Archived from the original PDF on April 21 2015 Mackinnon Mackenzie amp Co Ltd v Audrey D Costa amp Another SCC 2 469 1987 Yu Wei hsin 14 September 2015 Women and employment in Taiwan Brookings Retrieved 2019 07 12 Taiwan Women s Declaration International womensdeclaration com Retrieved 2023 03 30 Bialik Carl 10 April 2010 Not All Differences in Earnings are Created Equal Wall Street Journal Retrieved 10 April 2014 Vedantam Shankar 2009 Caveat for Employers Washington Post June 1 2009 page A8 Jackson Derrick 2009 Subtle and stubborn race bias Boston Globe July 6 2009 page A10 O Neill June The Gender Gap in Wages circa 2000 American Economic Review Vol 93 No 2 May 2003 pp 309 314 a b Pay Equity and Equal Pay What s the Difference Pay Equity Commission Archived from the original on 2014 02 06 Retrieved 2014 06 03 Home 14 March 2022 BLS Data Viewer BLS Data Viewer a b Desai Saahil 2021 07 28 Companies Want Remote Workers in All States but 1 The Atlantic Retrieved 2022 10 09 a b Bruner Raisa May 23 2022 How Pay Transparency Laws Impact Business and Workers Time Retrieved 2022 10 09 Rubino Joe 2021 06 26 Colorado remote workers need not apply Companies avoid state due to salary posting law The Denver Post Retrieved 2022 10 09 Chitkara Hirsh Brody Ben 2022 04 04 Washington state is quietly making tech workers dreams come true Protocol Retrieved 2022 10 09 Coloradans no longer excluded from job listings after Department of Labor cracks down www cbsnews com Retrieved 2022 10 09 Chuang Tamara 2022 07 05 Only 3 employers have been fined for violating Colorado s new wage transparency law But there s still plenty of confusion The Colorado Sun Retrieved 2022 10 09 Cutter Chip 2022 01 28 You ll Soon Get to See Pay on NYC Job Postings Wall Street Journal ISSN 0099 9660 Retrieved 2022 10 09 NYC to Require Employers to Disclose Salary Ranges JD Supra Retrieved 2022 10 09 a b Punching In New York Businesses Brace for Pay Transparency Rules news bloomberglaw com Retrieved 2022 10 09 Developments in Pay Transparency JD Supra Retrieved 2022 10 09 MRSC HB 1696 Updating Washington s Equal Pay and Opportunities Act mrsc org Retrieved 2022 10 09 All job postings in Washington will likely soon include salary information The Seattle Times 2022 03 06 Retrieved 2022 10 09 Levitsky Allison 2022 04 01 Hiring in Washington state You ll have to post a salary range Protocol Retrieved 2022 10 09 Peck Emily 2022 02 17 Pay transparency law could see movement in California Axios Retrieved 2022 10 09 California Legislature Passes Pay Transparency Law JD Supra Retrieved 2022 10 09 Levitsky Allison 2022 09 27 Newsom just signed California pay transparency bill SB 1162 Protocol Retrieved 2022 10 09 The Growing Pay Transparency Trend and How Employers Should Prepare JD Supra Retrieved 2022 10 09 External links editO Neill June Ellenoff 2002 Comparable Worth In David R Henderson ed Concise Encyclopedia of Economics 1st ed Library of Economics and Liberty OCLC 317650570 50016270 163149563 Pay Equity Survey CNN report Read Congressional Research Service CRS Reports regarding Pay Equity Historic photos and records on the fight for pay equity Walter P Reuther Library of Labor and Urban Affairs Wayne State University Whatever Happened to Equal Pay Marxist Essay Pay Equity Group The Truth Behind Women s Wages in Mining Jack Caldwell and Cecilia Jamasmie Brandt Mark J Sexism and Gender Inequality Across 57 Societies Psychological Science vol 22 no 11 2011 pp 1413 18 JSTOR http www jstor org stable 41320046 Retrieved from https en wikipedia org 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