Exceptions to the Equal Pay Act

An employer can pay a man and a woman different salaries for equal work if the difference is based on a seniority, merit or incentive system, or if the difference is based on factors other than gender.

For example, an employer can pay a male employee more than a female employee if the reason for the pay difference is that the male employee has been with the company for ten years, and the female employee has been with the company only one year. This is true even if the male employee and the female employee are working identical jobs.

Employers Subject to the Equal Pay Act

Practically speaking, all employers must comply with the Equal Pay Act. This includes virtually all private employers (regardless of the number of employees), the federal government and its agencies, the state governments and their agencies, public entities and labor unions.

The Federal Enforcement Agency for the Equal Pay Act

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the Equal Pay Act. The EEOC has offices throughout the country. To find the office nearest you, visit the EEOC's website at http://www.eeoc.gov. This website is also an excellent source of information about the Equal Pay Act and other fair employment laws.

The Immigration Reform and Control Act of 1986 (8 U.S.C. § 1324)

The IRCA prohibits employers from discriminating against applicants or employees on the basis of their citizenship or national origin. The IRCA's prohibition against discrimination applies to all terms, conditions and privileges of employment, including: hiring, firing, compensation, benefits, job assignments, shift assignments, harassment, promotions and discipline.

The IRCA also makes it illegal for employers to knowingly hire or retain in employment people who are not authorized to work in the United States. Employers must keep records that verify that their employees are authorized to work in the United States.

Employers Subject to the IRCA

The IRCA only applies to employers with four or more employees.

The Americans with Disabilities Act (42 U.S.C. §§ 12101-12213)

The ADA prohibits employers from discriminating against a person with a disability in any aspect of employment, including applications, interviews, testing, hiring, job assignments, evaluations, disciplinary actions, training, promotion, medical exams, layoffs, firing, compensation, leave and benefits.

In addition, the ADA prohibits employers from refusing to hire someone or discriminating against someone because that person is related to or associates with someone with a disability. For example, an employer can't:

• refuse to hire someone because that person's spouse, child or other dependent has a disability
• refuse to hire someone because that person's spouse, child or other dependent has a disability that isn't covered by the company's health plan
• refuse to hire someone because that person's spouse, child or other dependent has a disability that will increase health care costs, or
• fire an employee because that employee has a roommate or a close friend who has AIDS or because that employee does volunteer work with people who have AIDS.

Employers Subject to the ADA

The ADA only applies to private employers with 15 or more employees, local governments and their agencies, employment agencies and labor unions. The ADA does not apply to the federal government and its agencies or state governments and their agencies.

People Protected by the ADA

The ADA protects "qualified individuals with disabilities." This means that the ADA protects people who:

• have a disability, and
• are qualified for the job that they are either seeking or holding.

The Federal Enforcement Agency for the ADA

Two agencies enforce the ADA: The U.S. Department of Justice (DOJ) http://www.usdoj.gov/disabilities.htm and the U.S. Equal Employment Opportunity Commission http://www.eeoc.gov.