Legal Question in Employment Law in Virginia
Does Equal Pay Law apply
My employer is paying a new female employee more than I am getting paid, we have the same position and i have worked there longer. I do better quality of work.
Do I have a suit under the Equal Pay Law. The only difference is the fact that she is a woman and i am a man.
1 Answer from Attorneys
Re: Does Equal Pay Law apply
You may have the same position title as the new female employee but what counts under the Equal Pay Act of 1963
is the actual job content rather than job titles. Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. These are known as affirmative defenses and it is the employer's burder to prove that one or more is applicable in a case being contested under the Act.
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