Equal Pay Act and Oregon's Wage Discrimination Laws: Addressing Gender Disparities in the Workplace

Wage discrimination based on gender remains a persistent issue in the workforce, despite the protections offered by the Civil Rights Act of 1964 and Oregon's equivalent law. However, many workers and employers are unaware of additional laws which explicitly address wage discrimination. The Equal Pay Act of 1963 and Oregon's laws, empower workers to directly assert their rights in court when facing wage discrimination. By understanding these laws and exceptions, individuals can take steps to address disparities and seek justice for unfair treatment in the workplace. 

Empowering Workers with the Equal Pay Act

The federal Equal Pay Act of 1963 prohibits wage discrimination based on gender. Oregon's Equal Pay Act extends beyond gender pay disparities and includes race-based pay disparities and other protected classes such as color, religion, sexual orientation, national origin, marital status, veteran status, disability, and age.

Both federal and Oregon laws require that men and women performing substantially equal work receive the same compensation and fringe benefits, including bonuses. Employers cannot evade these protections by providing differing job titles or descriptions; rather, substantially equal work is determined by the actual work performed.

Unpacking Legitimate Exceptions

While both the federal and Oregon’s Equal Pay Act strive to ensure fair and equitable compensation, there are exceptions that allow differing pay based on non-protected factors. These exceptions can include bona fide merit, seniority, or incentive systems; participation in training programs; differences in background, such as education and experience; shift differentials; and differences due to reasonable accommodations. Unfortunately, some employers may attempt to use these legitimate explanations to justify ongoing pay disparities.

Remedies

Under the federal EPA, if an employee can prove wage discrimination based on sex, they may be entitled to the following remedies:

  1. Back Pay: The employee can recover the difference between their actual wages and the wages they should have received if there was no discrimination. Back pay may cover a two-year period preceding the filing of the EPA lawsuit.

  2. Liquidated Damages: In cases of willful violations, the employee may be entitled to an additional amount equal to the back pay, as liquidated damages.

  3. Attorney's Fees and Costs: If the employee prevails in their EPA lawsuit, they may recover reasonable attorney's fees and costs.

Under Oregon's Equal Pay Act, employees who can prove wage discrimination based on protected classes may be entitled to the following remedies:

  1. Back Pay: Similar to the federal EPA, employees can recover the difference between their actual wages and the wages they should have received if there was no discrimination.

  2. Punitive Damages: In cases of egregious conduct, punitive damages may be awarded to punish the employer and deter similar behavior in the future.

  3. Attorney's Fees and Costs: Like the federal EPA, employees who prevail in their Oregon Equal Pay Act claims may recover reasonable attorney's fees and costs.

Seeking Legal Assistance for Recovery

Addressing wage disparities can be complex, especially when navigating the nuances of the Equal Pay Act and Oregon's laws. An experienced attorney well-versed in federal and state Equal Pay Act regulations can closely review the circumstances, advocate on your behalf, and assist with the recovery of unpaid wages. Their expertise can make a significant difference in securing fair compensation and promoting a more equitable work environment.

At Salo Law LLC, we believe in promoting workplace fairness and fighting against wage discrimination. The Equal Pay Act of 1963 and Oregon's laws were designed to protect workers from unfair treatment based on gender and other protected characteristics. By staying informed about these laws and seeking legal guidance when needed, individuals can take proactive steps towards addressing wage disparities and ensuring they are compensated fairly for their work.

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If you believe you have experienced wage discrimination or have questions about your rights under the Equal Pay Act, don't hesitate to reach out to Alina M. Salo at alina@salolawoffice.com. Together, we can work towards a more just and inclusive workplace for all.