Employment: The Justification of unequal pay As it is apparent, the law requires employers to pay men and women equally for like work, work of equal value or work rated as equivalent, though they are not required to provide justification of a difference in pay if it is due to a length of service. However, the recent decisions in Cadman and Wilson changed this, and the Court of Appeal held that employers may be required to justify the use of a length of service criterion “as well as its adoption in the first place”. Article 141 of the EC Treaty, requires each European Union member state to ensure that both sexes receive equal pay for equal work. Article 141, implemented in Great Britain by the Equal Pay Act (EPA) 1970 enforced the principle that men and women should receive the same pay. An employer who fails to abide by article 141, will be held liable for unequal pay unless he can show under s.1 (3) EPA that the difference in pay is explained by something that has nothing to do with sex. If he can show this, then the claim will fail. There appear to be a few cases where a length of service has come under the Genuine Material Factor heading to explain the difference in pay. In the case of Danfoss it was held that an employer did not have to provide special justification for recourse to a length of service criterion. This was because length of service goes hand in hand with experience and since experience enables the employee to perform his duties better, the employer is thus free to reward it without having to establish the importance it has in the performance of specific tasks entrusted to the employee”(where is the beginning of this quotation).2 Danfoss was followed by Cadman in 2006 which confirmed the above, however the... ... middle of paper ... ...-related pay’. When solicitors in practice advice employers, they will advise them that they will find it harder to defend a claim for service-related pay in jobs where employees learn the main skills required quickly, and there is in these cases little or no evidence that longer service has a positive impact on performance. Furthermore, employers will be advised now to review pay schemes rewarding length of service and consider whether they genuinely reflect experience-related performance improvements. However, when advising employees in such a claim, they will be told that they only need to cross a lower threshold in order to require the employer to justify the existence of the service-related pay scheme and its adoption. This is because the test was merely a sensible evidential requirement to ensure that the complaint in question had some prospect of success.
Throughout the world, discrimination in all forms has continued to be a constant struggle; whether it’s racial, gender based, religion, beliefs, appearance or anything that makes one person different from another, it’s an everyday occurrence. A major place that discrimination is occurring at is in the workplace. One of the largest problems discrimination issues is believed to be gender. Women, who have the same amount of experience as men are not getting paid at the same rate as men, these women also are equally trained and educated. According to the article Gender Pay, it was discovered in 2007 that a woman makes 81 cents for every dollar a man earns.(“Gender Pay”) . This shouldn’t be happening in today’s society for the fact the society lived in today is suppose to be more accepting. Men are viewed as being more popular, valuable and having higher powers than women. The Reason Discrimination is involved in the equal pay equal work is because of the significance it has to how some businesses pay their employees.
British civil service workers in executive positions live longer than those in clerical positions. This best illustrates the value of:
Compensation is made of a base salary (paid by the hour, work or the year; excluding overtime or bonuses), variable pay (bonuses, profit sharing/stock options which work hand and hand with the performance of the company), and benefits (to include health insurance/savings plans – 401(k), or tuition reimbursement). The traditional way of determining base pay for jobs was to compare jobs in the same industry. Now industry and market, no long work by themselves, the current thinking is more person-based that considers knowledge, skills, and competencies of the work. This, however, is best suited for high-performing environments that remain flexible in their deployment of human capital.
The struggle for pay equity is part of America's evolving sense of what is fair and just. After all, slavery was once an accepted part of this democratic nation; union
The first legislation I am going to be talking about is the Pay Equity Act. The act was passed in order to restore sex-based wage discrimination in Ontario workplaces. The Equity Act applies to all public sector employees and private. In general the act identifies the rate of pay by comparing payment to female job classes with those paid to male job classes of similar value. In non-unionized workplaces, employers are having the freedom to review the Pay Equity Plan and make recommendations in order to change it. An example of the Pay Equity Act would be if you have a female and male both working as a swampier for an oil field company. They both have the same job responsibilities and work the same hours. If the boss of the company where to pay the male more because he was stronger and in general male and pay the women less that would be a violation. The women would have the right to contact Human Resources and file a complaint against her boss, and get the same rate of pay prior to the male. The Pay equity act in my opinion is important in the workplace because it creates equality and minimizes stereotypes against women in the workplace. You never want to be in a business or visit one that has an awkward atmosphere related to se...
The fight between men and women and equal rights and pay has been going on for many years. The wage gap is contributed by many factors like sex, race discrimination, education, but manly overall how men and women have been viewed as. Men are paid more because they work “harder and are stronger” where’s woman’s jobs are “less work and not as strong” therefore, that’s why the pay and the job occupations is different. Over the past century, American women have made tremendous strides in increasing their labor market experience and their skills (The Gender Wage Gap: Extent, Trends, and Explanations). The pay gap goes beyond wages and is even greater when we look at workers’ full compensation packages. Compensation includes not just wages, but also
To resolve the gender wage gap, the government should consult with employers in federally-regulated sectors to apply a gender-based analysis to the design, development, implementation and evaluation of the policy. The law should clearly outline the systematic discrimination that women face in the workforce. This policy would entail employers to determine whether gender-based disparities exists and reevaluate the current pay system from an equity perspective to ensure and promote pay transparency. The law of ensuring pay equity should first be applied to the public sector, including federal public servants, employees of Crown cooperation and federally regulated companies. After this law has been found to be effective, it is also recommended that private corporations follow the same suit and comply with the pay equity
Women have faced gender wage discrimination for decades. The gender pay gap is the difference between what a male and a female earns. It happens when a man and a woman standing next to each other doing the same job for the same number of hours get paid different salaries. On average, full-time working- women earn just “77 cents for every dollar a man earn.” When you compare a woman and a man doing the same job, “the pay gap narrows to 81 percent (81%)” (Rosin). Fifty-one years ago, in order to stop the gender gap discrimination, Congress enacted the Equal Pay Act of 1963. The act states that all women should receive “equal pay for equal work”. Unfortunately, even in 2014 the gender pay gap persists and even at the highest echelons of the corporate; therefore, the equal pay act is a failure.
The company Steel Co, which has been established for around 30 years, has been in a steady decline during the current recession and although a Divisional Director has been employed by the owner the fortunes of the company have not improved. The staff is unhappy, unproductive and unimpressed by the Human Resource system that currently exists in the company. The pay structure that currently exists within the organisation has been much debated among employees who feel it is unsatisfactory. The Business Adviser will research Performance and Reward management tools in order to help the company develop a more suitable Performance and Reward system to use. A variety of sources will be used in order to evaluate the system and tools against other organisational frameworks. The pay structure within the company will also be looked at in order to identify any possible changes that could be made.
Pay equity programs attempt to address the undervaluation for work traditionally or historically done by women. Pay equity (also referred to as “comparable worth”) programs require a gender-neutral analysis of comparative work. A variety of very different jobs are compared based on a composite of the skill, effort and responsibility of a job and the conditions under which the job is generally done. The comparison determines the relative worth of those jobs to the achievement of a firm’s objectives, under the proposition that equal contribution merits equal compensation. Where female-dominated jobs in the workplace are found to be of equal or comparable value to male-dominated jobs but paid below the level of the male jobs or payline, then all employees in those female-dominated jobs are entitled to receive pay equity adjustments.
The Equal Pay Act was established on June 10, 1963(“The Equal Pay Act of 1963”). It is also referred to as the EPA. It was established to protect men and women who perform substantially equal work in the same establishment from sex based wage discrimination (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Determining if two employees who are doing the same job are difficult for one or the other is a way to help the government develop a decision that will not oppose the EEOC laws for that specific job. This law states that equal pay is required only for jobs held in the same geographic area. Furthermore, the law also specifies that jobs are the same if they are equal in terms of skill, effort, responsibility and working conditions. It is permissible to pay one employee more than another if the first employee has significant job duties. Companies are permitted to pay for differences ...
For many decades, women have faced inequalities in the workforce. At one point, they were not allowed to work at all. Although women's rights have improved and are now able to work alongside men, they are still treated unfairly. According to the 2012 U.S. Census, women’s earnings were “76.5 percent of men’s” (1). In 2012, men, on average, earned $47,398 and women earned only $35,791. This is when comparing employees where both gender spend the same amount of time working. Not only do women encounter unfairness in work pay, they also face a “glass ceiling” on a promotional basis. This glass ceiling is a “promotion barrier that prevents woman’s upward ability” (2). For example, if a woman is able to enter a job traditionally for men, she will still not receive the same pay or experience the same increase in occupational ability. Gender typing plays a huge role in the workplace. It is the idea that women tend to hold jobs that are low paid with low status. Women are not highly considered in leadership positions because of social construction of gender. Society has given women the role of “caretakers” and sensitive individuals. Therefore, women are not depicted as authoritative figures, which is apparent with the absence of women in leadership roles in companies. Furthermore, sex segregation leads to occupations with either the emphasis of women in a certain job or men in a certain job. In 2009, occupations with the highest proportion of women included “secretary, child care worker, hair dresser, cashier, bookkeeper, etc.” (3). Male workers typically held job positions as construction workers, truck drivers, taxi drivers, etc. (3). Sex segregation represents inequality because the gender composition for these jobs depends on what ...
Remuneration management is defined as the sum received for an employment or service delivered, this includes the money received on a monthly basis as well as benefits given as rewards (investopedia,para.1 ). Individualism need to be taken into account when implementing these remuneration structures or reward schemes, equal pay plays a role in balancing earnings among the diverse workforce (Shen, Chanda, D’Neetto and Monga,2009,p.241). The Woolworth’s Holdings uphold remuneration policies which have the purpose of making sure to attract and hold on to the best talent, that they are congruent with the strategies of the company and are the determinants of performance during the short and long phases. The policy considers the board members and the employees. This policy manages employees of the company by giving...
Employment, Inc is committed to a policy, as stated by the Federal Employment Equity, of achieving equality in the workplace so that no person is denied employment opportunities, pay or benefits for reasons unrelated to ability. Employment, Inc is therefore committed to equal employment opportunities, as stated by the Civil Rights Act of 1964, for all applicants and employees without regard to age, race, color, religion, national origin, sex, physical or mental disability or any other unlawful grounds. In order to ensure an equitable workplace, Employment, Inc abides by a number of objectives as required by law. These objectives consist of::Workforce Survey - a collection of data on existing employees and determine those that fall into one of the designated categories.
Organizations are working hard in today’s world of business, not only to remain competitive, but also to focus on stability and structure. Employees are the backbone of an organization. It is becoming more important to offer quality HRM programs to staff, in order to support the retention of trained and experienced staff. Employees have always been concerned with salary however, there is a new focus emerging that looks at compensation as a whole entity. Monetary wages are now just as important as other benefits such as paid time off, medical and dental offerings and retirement. This paper will discuss the importance of the total compensation program which includes many aspects, not just salary. Attention must be paid to equal pay, pay