- Two store managers are hired at the same time; one is male, one is female. The jobs are offered at $40,000. The male demands $45,000 while the female takes the offer as presented.
- Current law: The pay discrepancy can be defended by demonstrating that the difference is based upon something other than gender. In this case, it was a demand of one of the candidates.
- Proposed PFA: If the company acquiesces to the male's demands but doesn't give the female the same increase--even though she didn't demand/negotiate it--the company could only defend a PFA challenge by the female if it demonstrates that no discrimination is present (which could also necessitate a showing that no pay discrimination was present at the male's prior workplace), that paying the increased salary is job-related, and that the increased salary is consistent with "business necessity."
Discussions on real world examples that impact the HR professional. Brought to you by the Labor and Employment Team at Hunter, Smith & Davis, LLP
Showing posts with label gender. Show all posts
Showing posts with label gender. Show all posts
Wednesday, September 22, 2010
Halloween? It's not even October
Rumors are flying that the Paycheck Fairness Act will be taken up by the Senate in the very near future. The Obama Administration made it no secret that the Act is at the top of its agenda. This is concerning, given the Administration's desire to make a strong showing as mid-term elections approach. Should you contact your Senator concerning his/her vote on the PFA? Consider:
Wednesday, August 11, 2010
What do you mean, "The pants don't fit?"
Before you groan: this is not a post about dieting. Or exercising. Or any of those good health habits we all should work to incorporate into our lives.
This post is about fit.
If you walk into a clothing store and see that all the jeans are the same size--not yours--do you stick around and try them on? Do you stay and look through the store to see if it does have jeans in your size?
You find display of shoes that is a style you've been coveting for some time. But every pair you pick up is the same size--again, not yours. Are you a little bummed, perhaps a little unhappy, that the buyers for the store do not have enough foresight to purchase those shoes in other sizes? After all, the store just lost your potential sale, right?
All of us have experienced the occasion where we need a different size from what we had been wearing. Sometimes we find ourselves in that position even though we'd been the same size for years (decades? Okay, maybe not).
Why, then, do companies today still insist on having employees fit into the same mold simply because they share a job title or position description?
I just read a post concerning the continuing compensation inequity between genders. The post presents some interesting potential causes for the disparity and reminds me of some similar issues employers face today. Of course, compensation is important in the working world (and water is wet--sorry for stating the obvious). A bigger question rearing its head is the dissatisfaction some employees have with their one-size-fits-all positions.
This isn't about addressing accommodation needs for qualified individuals with disabilities, or making adjustments when employees need time off under a state or federal leave act. No, what companies are facing are requests such as the following:
My spouse has been transferred to a facility about two hours away. I enjoy working here, and I'd like to explore the possibility of telecommuting 2 or 3 days per week and being in the office the other days.
How would your company respond? If this is a position where presence is essential (think receptionist or support staff), you might not have a lot of room to move. The more difficult dilemma is where your company is facing this for the first time, and the immediate reaction is, "Well, we've never done that before, so there's no way this would work." Before some of you scoff at the archaic nature of this reaction, realize that it does take place. Often.
Are you missing out on potential good employees because your storefront gives the appearance that you only carry one size of shoes, jeans, compensation or job structure?
This post is about fit.
If you walk into a clothing store and see that all the jeans are the same size--not yours--do you stick around and try them on? Do you stay and look through the store to see if it does have jeans in your size?
You find display of shoes that is a style you've been coveting for some time. But every pair you pick up is the same size--again, not yours. Are you a little bummed, perhaps a little unhappy, that the buyers for the store do not have enough foresight to purchase those shoes in other sizes? After all, the store just lost your potential sale, right?
All of us have experienced the occasion where we need a different size from what we had been wearing. Sometimes we find ourselves in that position even though we'd been the same size for years (decades? Okay, maybe not).
Why, then, do companies today still insist on having employees fit into the same mold simply because they share a job title or position description?
I just read a post concerning the continuing compensation inequity between genders. The post presents some interesting potential causes for the disparity and reminds me of some similar issues employers face today. Of course, compensation is important in the working world (and water is wet--sorry for stating the obvious). A bigger question rearing its head is the dissatisfaction some employees have with their one-size-fits-all positions.
This isn't about addressing accommodation needs for qualified individuals with disabilities, or making adjustments when employees need time off under a state or federal leave act. No, what companies are facing are requests such as the following:
My spouse has been transferred to a facility about two hours away. I enjoy working here, and I'd like to explore the possibility of telecommuting 2 or 3 days per week and being in the office the other days.
How would your company respond? If this is a position where presence is essential (think receptionist or support staff), you might not have a lot of room to move. The more difficult dilemma is where your company is facing this for the first time, and the immediate reaction is, "Well, we've never done that before, so there's no way this would work." Before some of you scoff at the archaic nature of this reaction, realize that it does take place. Often.
Are you missing out on potential good employees because your storefront gives the appearance that you only carry one size of shoes, jeans, compensation or job structure?
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