Tag: equal pay

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The Battle Toward Equal Pay: Unveiling the Maryland Department of Health’s Sex Discrimination Case

Constitutional rights lawyers of Helmer Friedman LLP.

The echoes of “equal pay for equal work” resonate more than ever with the recent settlement of a sex discrimination lawsuit involving the Thomas B. Finan Center of the Maryland Department of Health. This mental health center, based in Cumberland, Maryland, will pay a sizable sum of $270,000 to address pay injustices that have persisted for years.

The lawsuit alleged that a less experienced male recreation therapist received a higher wage compared to his four female colleagues who had greater job experience. Unfortunately, their requests for pay equalization fell on deaf ears. The unjust situation squarely contravenes the Equal Pay Act of 1963, a historic legislation that outlawed gender-based pay discrimination.

Passed more than five decades ago, the Equal Pay Act of 1963 set the foundation for a more equitable work environment. Powerhouse politicians like Esther Peterson, the then-assistant secretary of Labor and director of the Women’s Bureau, and President John F. Kennedy, were instrumental in its enactment. Their relentless advocacy and sheer determination ensured the landmark law was etched into the statutory books.

This act revolutionized the workplace dynamic, offering women new opportunities and greater earning potential than ever before. However, the Finan Center case is a grim reminder that the battle for gender parity continues.

If you are a woman who suspects you may be a victim of wage discrimination, it is crucial to recognize your rights. The workplace should be fair and free from any form of discrimination, including gender-based pay discrimination. If you observe discrepancies in your pay compared to your male counterparts who perform equal work, don’t hesitate to raise it with your HR personnel. HR professionals themselves should take the lead in speaking out against such discriminatory practices.

Finally, remember, you are not alone in this fight. Seek the counsel of an experienced employment law attorney to protect your rights and ensure you receive equal pay for equal work. While the journey toward achieving gender pay equality may be tough, each step forward propels us all towards a more equitable future. Every woman deserves equal pay for equal work. The fight for equity and justice continues, and together, we can make a difference.

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Equal Pay and Anti-Retaliation Protection Act

Equal Pay and Anti-Retaliation Protection Act protects from retaliation.

New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations

CA SB 497 Retaliation Law 2024

On October 8, 2023, Governor Gavin Newsom of California signed Senate Bill No. 497, officially establishing the “Equal Pay and Anti-Retaliation Protection Act.” The act aims to protect employees who engage in certain protected activities under specified sections of the California Labor Code from experiencing any adverse employment action within 90 days of such activity. If an employee does face such action, the act sets up a “rebuttable presumption of retaliation” against the employer. The Equal Pay and Anti-Retaliation Protection Act will take effect on January 1, 2024.

Under the new law, the burden of proof for showing that the adverse employment action was based on a legitimate non-retaliatory reason will lie with the employer. Additionally, an employee who wins the case will be entitled to civil penalties for each violation. Suppose an employer is found to have retaliated against an employee for Section 1102.5 protected activity. In that case, the employer may be liable for a civil penalty not exceeding $10,000 per employee for each violation. This civil penalty is already available for Section 98.6 protected activity.

The new presumption standard and civil penalties remind employers in California that they must take employee complaints seriously and avoid any actions against an employee that could be considered unlawful retaliation.