Employers should double check the defensibility of their pay and other compensation practices in light of the rollout of a social media video campaign called “Level The Paying Field” by the U.S. Equal Employment Opportunity Commission (EEOC) to commemorate the anniversary of the Equal Pay Act of 1963 on June 10.
The Equal Pay Act of 1963 prohibits sex-based wage discrimination and requires that men and women in the same work establishment receive equal pay for equal work in jobs that are substantially equal and performed under similar working conditions.
#LevelThePayingField starts June 9 and will last through Aug. 20 to coincide with the FIFA Women’s World Cup 2023, which starts July 20 in Australia and New Zealand.
Although the Equal Pay Act was passed 60 years ago, sex-based pay discrimination remains a problem in the workforce. Each year there are still hundreds of pay discrimination charges filed with the EEOC, including more than 950 in Fiscal Year 2022, which was the first increase in Equal Pay Act charges in three years.
Because few workers know their co-workers’ salaries, pay discrimination is often hidden and unreported. When workers do report pay discrimination to the EEOC, the agency has found unequal pay in a variety of industries and sectors, including information technology, entertainment, construction, and retail.
As part of the campaign, the EEOC will provide Level The Paying Field graphics the public can use to show their support for equal pay as well as an updated list of notable EEOC litigation involving pay discrimination and a 2023 Equal Pay Infographic.
The outreach is part of a broader effort by EEOC to expand enforcement of equal pay and other discrimination laws. In light of these efforts, employers should take immediate steps to update policies, postings, training and practices to ensure their ability to defend their compliance with the equal pat and other federal no discrimination laws.
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About the Author
Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 35+ years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications. As a significant part of her work, Ms. Stamer has worked extensively domestically and internationally with business, government and community leaders to prepare for and deal with pregnancy, disability and other discrimination, leave, health and safety, and other workforce, employee benefit, health care and other operations planning, preparedness and response for more than 35 years. As a part of this work, she regularly advises businesses and government leaders on an on-demand and ongoing basis about preparation of workforce, health care and other business and government policies and practices to deal with management in a wide range of contexts ranging from day to day operations, through times of change and in response to complaints, investigations and enforcement.
Author of a multitude of other highly regarded publications and presentations on MHPAEA and other and health and other benefits, workforce, compliance, workers’ compensation and occupational disease, business disaster and distress and many other topics, Ms. Stamer has worked with health plans, employers, insurers, government leaders and others on these and other health benefit, workforce and performance and other operational and tactical concerns throughout her adult life.
A former lead advisor to the Government of Bolivia on its pension privatization project, Ms. Stamer also has worked domestically and internationally as an advisor to business, community and government leaders on health, severance, disability, pension and other workforce, health care and other reform, as well as regularly advises and defends organizations about the design, administration and defense of their organization’s workforce, employee benefit and compensation, safety, discipline and other management practices and actions.
Board Certified in Labor and Employment Law By the Texas Board of Legal Specialization, Scribe for the ABA JCEB Annual Agency Meeting with OCR, Chair-Elect of the ABA TIPS Medicine and Law Committee, Chair of the ABA International Section Life Sciences Committee, and Past Group Chair and current Welfare Plan Committee Chair of the ABA RPTE Employee Benefits & Other Compensation Group, former Vice President and Executive Director of the North Texas Health Care Compliance Professionals Association, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, and a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her extensive publications and thought leadership as well as leadership involvement in a broad range of other professional and civic organizations. For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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