Pay or compensation discrimination occurs when employees performing similar work do not receive similar pay. Pay discrimination also occurs when a difference in pay has an unlawful basis such as race or sex. Pay discrimination based on an employee's membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws.

Relevant laws include Title VII, theADA and ADEA, state anti-discrimination laws, and theEqual Pay Act which specifically addresses pay discrimination based on sex. Workplace Fairness provides a comprehensive resource and answers to questions for individuals in regards to Pay or Compensation Discrimination, as well as Work Time.

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Black Women’s Equal Pay Day 2020

Despite their foundational role in building America and its economy, Black workers have always faced discrimination in the U.S. workforce. Today, it takes longer for Black workers to find jobs and when they do, they’re paid less than their peers.
This is especially so for Black women, who face not only race discrimination, but also sex discrimination, as the wage gap between Black women working full time, year round compared to white, non-Hispanic men makes clear: Black women
typically make just 62 cents for every dollar paid to white, non-Hispanic men, and that disparity has not narrowed over the last quarter century. Indeed, from 1967 to 2018, the most recent year for which data are available, the wage gap for Black
women narrowed by just 19 cents.

As workers, Black women are on the front lines of the COVID-19 crisis, and as a result are disproportionately affected by the pandemic’s health and economic impacts. The pandemic has exposed how the work performed primarily by women, and particularly Black women, has long been and continues to be undervalued, even as the rest of the country is depending on it as never before. Women are the majority of workers risking their lives to provide health care, child care, and other
essential services, and Black women are overrepresented in a variety of these occupations. They are also overrepresented in many of the occupations feeling the brunt of COVID-related job loss. Lost earnings due to the gender wage gap are exacerbating the effects of COVID-19 for Black women — and for the families who depend on their income. These lost earnings not only leave Black women without a financial cushion to weather the current crisis, they also make it harder for Black women to build wealth, contributing to the racial wealth gap and barriers to Black families’ economic prosperity.

Losses due to gender and racial wage gaps are devastating for Black women and their families, many of whom were struggling to make ends meet even before the current crisis. The pandemic has magnified these inequities and deepened
these harms. Black women have been shortchanged and their work has been undervalued for far too long; neither they nor their families can afford to wait for change during an unprecedented public health and economic crisis that has no end in sight.

-Jasmine Tucker
National Women's Law Center

Today's Workplace more

The Federal Agency Designed to Protect Workers Is Trying to Destroy Unions and Weaken Labor Rights

Tom Conway

Working Life Episode 194: Two Hollywood Tales—A Union Win in California, A Florida Progressive Aims to Fire Debbie Wasserman-Schulz

Jonathan Tasini

The Green New Deal Just Won a Major Union Endorsement. What’s Stopping the AFL-CIO?

Mindy Isser

In-person school won't be safe, and it won't be a return to the old normal, teachers say

Laura Clawson

Black workers are hurt most as Congress doesn't extend unemployment, this week in the war on workers

Laura Clawson

Economy Gains 1.8 Million Jobs in June; Unemployment Declines to 10.2%

Kenneth Quinnell

South Florida AFL-CIO Rallies for Unemployment Insurance

Aaron Gallant

A growing side effect of the pandemic: Permanent job loss

Megan Cassella

Big support for $600 unemployment benefit, but people don't know who to blame for its lapse

Laura Clawson

'Tidal wave': States fear fiscal disaster as Congress slow-walks aid

Katherine Landergan

Gwinnett County, Georgia, joins the list of early school reopening COVID-19 messes

Laura Clawson

In the Courts more

California vs. Uber Technology INC.

A California judge has ordered Uber and Lyft to reclassify their workers from independent contractors to employees with benefits, a ruling that could be consequential for gig economy workers if it survives the appeals process. The judge said Uber and Lyft have refused to comply with a California law passed last year that was supposed to make it harder for companies in the state to hire workers as contractors, so gig economy workers such as drivers for the ride-hailing companies would receive health insurance, workers' compensation and paid sick and family leave. As independent contractors, Uber and Lyft drivers are not provided these benefits.

August 12, 2020

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In the News

Some workers are furious their employers didn’t apply for Pa.’s $50M coronavirus hazard-pay program

Fact check: ADA does not provide blanket exemption from face mask requirements

Burlington Coat Factory to pay $20M to end two FLSA suits

The Differences Between Workplace Bullying And A “Hostile Work Environment”

U.S. DOL: Employees Who Refuse to Work Under Unsafe Conditions May Be Eligible for CARES Act Unemployment Benefits

California Judge Orders Uber And Lyft To Consider All Drivers Employees

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Trump's $400 in unemployment aid: When would it start?

The reality of the US jobs rebound: Part-time work and less pay

Breaking down the executive actions Trump signed on coronavirus relief

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