Framework Conditions in the United States of America
Inhaltsverzeichnis
Equal Pay Act
Already in 1963, the Equal Pay Act has come into force. Since then, the gap decreases, yet is still present at a comparatively high level in the US. The Equal Pay Act prohibits any discrimination in wages based on sex.
Next to prohibiting any form of discrimination, the Equal Pay Act allows for sanctioning those breaching the law. Fines of more than 10,000 $ can be set in case of proven discrimination.
Recent actions
POTUS Barack Obama established a taks force on pay equity already in 2012 to find policy responses in order to close the gender pay gap. During both presidential terms, pay equity has been high on the agenda.
In addition, presidential candidate Hillary Clinton has already revealed that Obamas's efforts on equal pay will continue in case she will be elected president of the US.
In October 2015, the state California passed a very progressive fair pay act. Employers now can "justify higher wages for men only if the pay is based on seniority, a merit system, quantity or quality of production, or any other "bona fide factor other than sex."" (The Big Story)
Litigation in the US
As class action is allowed in the judicial system of the United States, various cases on gender discrimination have been filed in the US. Even today, numerous cases are opened making equal pay a more actual topic than ever.
Two famous and recent cases are:
- Ellen Pao filed a law suit against Kleiner Perkins Caufield and Byers. The case has risen awareness all over the country, as the case involves a high-ranking and well-known investment company in the Silicon Valley. Although Ellen Pao could not win the case, it has encouraged a far-reaching dicussion on gender equality and equal pay.
- Walmart has been in the news for cases on equal pay since years. Class action cases with 10,000s of cases have been filed against the company. The case was not only abour equal pay, but also involved missing promotions for women and a male-dominated working culture. However, the case in 2011 was decided in favour of Walmart leaving discrimination within the company in place.
Related Links
United States Department of Labour: It's Time for #EqualPayNow
Equal Pay Act of 1963 - original version
White House: Equal Pay Taks Force
Hillary Clinton: Fact Sheet Equal Pay
Huffington Post (2015). Why Ellen Pao's Case Can Be Seen as a Win for Women
Huffington Post (2011). Equal Pay for Equal Work
The Big Story: California Gov. Brown to sign expanded fair pay legislation
AAUW: The Simple Truth about the Gender Pay Gap. Fall Edition 2015