Employers concerned about adhering to federal regulations can find a variety of informational materials through the U.S. Equal Employment Opportunity Commission (EEOC).
For example, the EEOC offers guidelines about equal pay, which is covered under several federal mandates.
The Equal Pay Act requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal. The factors that come into play include:
- Skill. Measured by factors such as the experience, ability, education, and training required to perform the job. The issue is what skills are required for the job, not what skills the individual employees might have;
- Effort. The amount of physical or mental exertion needed to perform the job;
- Responsibility. The degree of accountability required in performing the job;
- Working Conditions. This encompasses two factors: (1) physical surroundings like temperature, fumes, and ventilation; and (2) hazards; and,
- Establishment. The prohibition against compensation discrimination under the EPA applies only to jobs within an establishment. An establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business. In some circumstances, physically separate places of business may be treated as one establishment.
