Over the years there has been may attempts to narrow the pay gap and eliminate gender discrimination with the workforce. To aid in gender equality there have been several acts put in place federally to ensure women are receiving fair wages for the work that is being performed when compared to men.
The oldest and first attempt at creating equality in the workplace was the Fair standards act of 1938. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. On May 24, 1937, President Roosevelt sent the bill to Congress with a message that America should be able to give “all our able bodied working men and women a fair day’s pay for a fair day’s work” (Grossman, n.d.). On Saturday June 25, 1938, President Franklin D. Roosevelt signed but not without a fight. (Grossman, n.d.).
The Equal Pay Act (EPA) of 1963 is a federal law amending the Fair Labor Standards act which is aimed at abolishing wage disparity based on sex in the United States. The Equal Pay Act was signed into law by President John F. Kennedy on June 10, 1963. The EPA was one of the first federal anti-discrimination laws that addressed wage differences based on gender. Under this federal statute, men and women who perform equal work in the same workplace should be provided the same rate of pay. The work performed does not have to be completely identical but it must be substantially equal. The basis of this law is that people are paid the same wages for the same type of work, and the law specifically addresses gender pay differences Covered under the Equal Pay Act are forms of pay such as salary, overtime premium, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits (Mesriani, 2009). The Equal Pay Act of 1963 was only the first step and much remains to be done to achieve full equality of economic opportunity.
Pregnancy Discrimination Act (PDA) of 1973 is an amendment to Title VII of the Civil Rights Act, making it illegal for an employer to discriminate against a female employee on the basis of her pregnancy, childbirth, or medical condition related to pregnancy or childbirth. An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or because of the prejudices of co-workers, clients, or customers. The PDA also forbids discrimination based on pregnancy when it comes to any other aspect of employment, including pay, job assignments, promotions, layoffs, training, fringe benefits, firing, and any other term or condition of employment. ( U.S. Equal Employment Opportunity Commission, n.d.). Further, under the Family and Medical Leave Act (FMLA) of 1993, enforced by the U.S. Department of Labor, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid, or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave. (U.S. Equal Employment Opportunity Commission, n.d.).
One important tool, the Paycheck Fairness Act, is a common-sense bill that would give workers stronger tools to combat wage discrimination, bar retaliation against workers for discussing salary information, and ensure full compensation for victims of gender-based pay discrimination. Paycheck Fairness Act was introduced to Senate on 1/23/2013 and amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. ( Congress.gov, 2013). It revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. The Paycheck Fairness Act will help secure equal pay for equal work for all American. The Act would make critical changes to the EPA of 1963, which include, but not limited to: requiring employers to demonstrate that wage differentials are based on factors other than sex, permitting reasonable comparison between employees within clearly defined geographical areas to determine fair wages, and strengthening penalties for equal pay violations. (Riley 2014). It allows workers to share wage information and punishes employers who retaliate against sharers. It requires the Department of Labor (i) to increase outreach and train employers to eliminate pay inequality; (ii) to continue collecting wage information based on gender; (iii) to begin a grant program to train women in wage negotiation skills; and to establish a National Award for Pay Equity for employers who successfully move toward genderless employment ( Riley 2014). If employers don't observe gender neutrality in the work place, it allows workers to sue for punitive damages for wage discrimination.
The oldest and first attempt at creating equality in the workplace was the Fair standards act of 1938. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. On May 24, 1937, President Roosevelt sent the bill to Congress with a message that America should be able to give “all our able bodied working men and women a fair day’s pay for a fair day’s work” (Grossman, n.d.). On Saturday June 25, 1938, President Franklin D. Roosevelt signed but not without a fight. (Grossman, n.d.).
The Equal Pay Act (EPA) of 1963 is a federal law amending the Fair Labor Standards act which is aimed at abolishing wage disparity based on sex in the United States. The Equal Pay Act was signed into law by President John F. Kennedy on June 10, 1963. The EPA was one of the first federal anti-discrimination laws that addressed wage differences based on gender. Under this federal statute, men and women who perform equal work in the same workplace should be provided the same rate of pay. The work performed does not have to be completely identical but it must be substantially equal. The basis of this law is that people are paid the same wages for the same type of work, and the law specifically addresses gender pay differences Covered under the Equal Pay Act are forms of pay such as salary, overtime premium, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits (Mesriani, 2009). The Equal Pay Act of 1963 was only the first step and much remains to be done to achieve full equality of economic opportunity.
Pregnancy Discrimination Act (PDA) of 1973 is an amendment to Title VII of the Civil Rights Act, making it illegal for an employer to discriminate against a female employee on the basis of her pregnancy, childbirth, or medical condition related to pregnancy or childbirth. An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or because of the prejudices of co-workers, clients, or customers. The PDA also forbids discrimination based on pregnancy when it comes to any other aspect of employment, including pay, job assignments, promotions, layoffs, training, fringe benefits, firing, and any other term or condition of employment. ( U.S. Equal Employment Opportunity Commission, n.d.). Further, under the Family and Medical Leave Act (FMLA) of 1993, enforced by the U.S. Department of Labor, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid, or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave. (U.S. Equal Employment Opportunity Commission, n.d.).
One important tool, the Paycheck Fairness Act, is a common-sense bill that would give workers stronger tools to combat wage discrimination, bar retaliation against workers for discussing salary information, and ensure full compensation for victims of gender-based pay discrimination. Paycheck Fairness Act was introduced to Senate on 1/23/2013 and amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. ( Congress.gov, 2013). It revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. The Paycheck Fairness Act will help secure equal pay for equal work for all American. The Act would make critical changes to the EPA of 1963, which include, but not limited to: requiring employers to demonstrate that wage differentials are based on factors other than sex, permitting reasonable comparison between employees within clearly defined geographical areas to determine fair wages, and strengthening penalties for equal pay violations. (Riley 2014). It allows workers to share wage information and punishes employers who retaliate against sharers. It requires the Department of Labor (i) to increase outreach and train employers to eliminate pay inequality; (ii) to continue collecting wage information based on gender; (iii) to begin a grant program to train women in wage negotiation skills; and to establish a National Award for Pay Equity for employers who successfully move toward genderless employment ( Riley 2014). If employers don't observe gender neutrality in the work place, it allows workers to sue for punitive damages for wage discrimination.