Ensuring equal pay continues to be a problem despite the prohibition of wage discrimination. It is important for workers to understand wage discrimination laws in their own state. Here’s what you need to know about wage discrimination laws in California.
The California Equal Pay Act prohibits an employer from paying its employees less than opposite-sex employees when performing equal work. In the past few years, the California Equal Pay Act has been strengthened by the California Fair Pay Act – paving the way for gender pay equity.
Pay Discrimination in the Workplace
Pay discrimination occurs when an employee is receiving less than another employee who is doing substantially equal work. Job content determines this, not job titles. All forms of pay are considered: salary, overtime pay, profit sharing, life insurance, bonuses, etc.
If there is an inequality in wages between male and female employees, an employer cannot reduce the wages of either sex in order to equalize pay.
Wage Discrimination Examples in California
Some examples of wage discrimination include but are not limited to:
- Paying female employees less than men for the same work
- Giving raises or bonuses to “heads of households”, assuming that solely male employees fall under this category
- Creating pay and raise criteria that are unfairly skewed to benefit male employees
Related: Unequal Pay for Women in California
The California Equal Pay Act & California Fair Pay Act
In conjunction with federal law, the California Equal Pay Act works to prohibit wage discrimination for employees of opposite genders. In 2015, Governor Brown signed the California Fair Pay Act which strengthened the Equal Pay Act.
Some of the changes the Fair Pay Act made include but are not limited to:
- Explicitly stating that retaliation against employees filing wage discrimination lawsuits is illegal
- Explicitly stating that it is illegal to prohibit employees from discussing or inquiring about co-worker’s wages
- Requiring equal pay for employees who are tasked to perform “substantially similar work”
- Eliminating the requirement that jobs that are compared must be from the same establishment or employer
In 2017, Governor Brown also signed a bill that added race and ethnicity as protected categories in wage discrimination. Therefore, California prohibits an employer from paying employees less than other employees of the opposite sex, of another race, or of another ethnicity when producing substantially similar work.
Related: A Guide to Equal Pay Laws in California
FAQs About Wage Discrimination Laws in California
What does “substantially similar work mean” in wage discrimination?
“Substantially similar work” work refers to work that is similar in terms of skill, responsibility, and effort. Similar working conditions are also considered.
- Skill often refers to the education, training, ability, and experience required to perform the job.
- Responsibility refers to the level of accountability required in performing the job.
- Effort refers to the mental or physical exertion required and utilized to perform the job in question.
How are “wage rates” defined in California wage discrimination laws?
The law does not specifically define wage rates, however, it is commonly considered to be the salary or wages paid. This may also include other forms of benefits and compensation given to the employee.
Are public employers covered by the Equal Pay Act?
Yes, public employers (state, county, and local agencies and entities) are held accountable by the Equal Pay Act.
Free Consultation With a California Employment Attorney
If you or a loved one has experienced wage discrimination, get your free consultation with one of our California Employment Attorneys today! We won’t charge you a dime unless you win your case!