Close

Gender Pay Gap Legal Requirements

A full impact assessment of the impact of this instrument on costs for businesses and the not-for-profit sector will be available from www.gov.uk/government/consultation/closing-the-gender-pay-gap and will be published together with the www.legislation.gov.uk instrument, together with an explanatory memorandum. A printed copy of the full impact assessment is available from the Government Eequality Office, Sanctuary Buildings, 20 Great Smith Street, SW1P 3BT. What is the difference between the gender pay gap and equal pay? Read the Acas and GEO guidelines for managing women`s compensation reporting. The California legislature proposed to change the enforceability requirements of the law by requiring employers to prove that a pay gap is reasonably due to factors other than gender, and by increasing the burden of proof on the employer. The law would protect workers from retaliation and prohibit employers from banning employees from communicating about wages and wage discrimination. (a) No employer shall be liable or punishable for any act or proceeding arising out of an act or omission on or after May 14, 1947 [the date on which this Act comes into force] for or for the employer`s failure to pay minimum wage or overtime pay under the Fair Labour Standards Act, 1938. as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.] or the Bacon-Davis Act [40 U.S.C. 276a et seq.], if it invokes and proves that the act or omission complained of was in good faith in accordance with a written regulation, order, decision, approval or administrative interpretation of the United States authority referred to in paragraph (b) of this article, or any administrative practice or policy of that authority with respect to the class of employers, and whether it relies on them; to which he belonged. Such a defence, where established, constitutes an obstacle to action or proceeding, notwithstanding the fact that, as a result of such act or omission, such regulation, order, decision, authorization, interpretation, practice or enforcement policy shall be amended or repealed or declared by the judicial authority invalid or devoid of legal effect.

At international level, the UK has rules requiring employers, including large international employers, to publish statistics and other information on the gender pay gap in their workforce by April 2018. Including laid-off workers in gender pay gap reports The Equal Pay Act, the federal law requiring women and men to receive equal pay for equal work, has been in effect since June 10, 1963, but gender equality remains elusive. Title VII of the Civil Rights Act significantly improved the principle of equal pay for equal work by covering forms of gender discrimination that affect women`s income. Title VII prohibits discrimination on the basis of sex at all stages and in all aspects of employment, including recruitment, promotion and dismissal, and allows women to tackle an important contribution to the gender pay gap: their exclusion from higher-paid jobs and certain sectors. Under Title VII, a worker can challenge not only unequal pay between men and women, but also discriminatory practices that lead to unequal pay, such as directing women to lower-paid jobs or maintaining a “glass ceiling”. Any employer who infringes Article 206 [paragraph 6] or Article 207 (7) of this Title shall be liable to the worker or workers concerned for the amount of their minimum wage or unpaid overtime pay and, in addition, for the same amount as the liquidated damages. Any employer who violates the provisions of Section 215(a)(3) [Section 15(a)(3)] of this Title is liable for such legal or equitable remedies as may be reasonable to achieve the objectives of Section 215(a)(3) [Section 15(a)(3) of this Title, including, but not limited to, employment, reinstatement, promotion, and payment of lost wages and an additional amount equal to the lump sum amount. Damages. An action in enforcement of the liability prescribed in any of the preceding sentences may be brought against any employer (including a public authority) in any federal or state court of competent jurisdiction by one or more employees for and on behalf of themselves and other employees who are in a similar situation.