In the Maryland Insurance Administration case, the employees established a prima facie case of unlawful discrimination.
2018), in which the Fourth Circuit Court of Appeals held that an employer defending against an Equal Pay Act claim by invoking the “factor other than sex” affirmative defense must prove that the factor other than sex that the defendant is alleging actually caused the pay differential, not just that the factor other than sex could have caused the pay differential. If You Do the Same Work, You Should Get the Same Pay, Provincial & Territorial Human Rights Agencies. To avoid liability for unlawful discrimination, the employer must prove that the wage differential is justified by one of four (4 affirmative defenses: (1) a seniority system; (2) a merit system; (3) a pay system based on quantity or quality of output; or (4) a disparity based on any factor other than sex.
As per our Indian Constitution equal pay for equal work has not been expressly defined as a fundamental right or constitutional right but there is some protection under Article 14, 15 and 16, which is related to equality before law, discrimination and equal opportunity of employment.{1}.
Recent Court Rulings Help Employees Pursue Equal Pay Act Claims, Part I. Please note that the current situation may impact our ability to respond in a timely manner. Justice Evans added that the section of the Canadian Human Rights Act about "equal pay for work of equal value" should be applied in the broadest possible way. An employee establishes what courts call a prima facie case of discrimination under the Equal Pay Act if the employee demonstrates: (1) the defendant-employer paid different wages to an employee of the opposite sex (2) for equal work on jobs requiring equal skill, effort and responsibility, which jobs (3) all are performed under similar working conditions.
ILO has said that labours no matter it is male or female if equal work is done and it is of equal efficiency why there is to be discrimination among both instead both should be equally paid no gender gap is required, there is already a lot of poverty and unemployment already in our nation where people are not getting jobs and even not able to earn sufficient means for livelihood. 100), Available Here, [2] Universal Declaration of Human Rights, Available Here, Your email address will not be published. Required fields are marked *.
It provides for various benefits related to women and also fixed working hours for them.
Equal pay for equal work means that in an economy where we are heading towards more and more globalization and still there are discriminations in matters related to equal pay not only in India but also widely in other countries also there is discrimination of equal pay for equal work. The Supreme Court has enunciated that where unequal pay brought discrimination within the meaning of Article 14 in our Indian Constitution it will not be a violation of EQUAL PAY FOR EQUAL WORK if the classification is proper and reasonable the doctrine of ‘equal pay for equal work’ will not have any application even though the persons doing the same work are not getting the same pay. The Supreme Court has enunciated that where unequal pay brought discrimination within the meaning of Article 14 in our Indian Constitution it will not be a violation of EQUAL PAY FOR EQUAL WORK if the classification is proper and reasonable the doctrine of ‘equal pay for equal work’ will not have any application even though the persons doing the same work are not getting the same pay. [1] Equal Remuneration Convention, 1951 (No. Justice Evans added that the section of the Canadian Human Rights Act about "equal pay for work of equal value" should be applied in the broadest possible way. A forthcoming blog will address the other recent Federal Court decision. Article 32 is considered as heart and soul of our Indin Constitution and petition has been filed before the Hon’ble Supreme Court of India by a group of some veterinary doctors they had contended that their right of equality of pay under the DPSP Article 39 and Article 14 and 16 were been violated because their salary as Assistant Surgeons in the Office Of Development Commissioner of Delhi Administration was lower than the Doctors at similar posts, employed by the Union Territory of Chandigarh or by the Central Government in Indo Tibetan Border Police and in Border Security Force. The Court decisions do so by making it more difficult for employers to defend against such claims by arguing that the pay differentials in question are due to factors other than sex.
The employer invoked the “factor other than sex” defense to liability, arguing that the qualifications, certifications and employment histories of the male employees performing work substantially equal to the work being performed by the female employees justified paying the male employees at higher rates of pay.
Nothing on this site should be taken as legal advice for any individual On August 21, 2020, the First Circuit Court of Appeals in Boston threw out a jury verdict handed down in Maine Federal Court in ... Generally, injured workers seeking workers’ compensation benefits must prove both that: 1.)
Under this case, it was seen by the court that our constitution framers have expressly not enumerated any equal pay of equal work provision but in this case, it has been held that although not expressed still there are provisions of equal pay for equal work under the Article 14, 15 and 16.
case or situation. The court has held that the difference between the pay-scales of two is totally valid and protected under Article 14, 15 and 16 of our Indian Constitution. The Court acknowledged that the factors cited by the employer could explain the wage disparity between the male and female employees.
It has been done by framers of our Indian constitution. It relates to equal remuneration of wages and government made decision that there is no need to make a discrimination between men and women, it made provisions for other genders of society as well and that too without any discrimination. Also nowadays there are reports and signs very much that gender gap is now slowly decreasing and that taboo is broken so its all our combined efforts and one should be proud of it. Its motive is to provide monetary assistance to the heirs of the injured worker there is seen exploitation in cases of women. We live in a country that has suffered huge discrimination from starting of the era from Britishers, then males in pre-independence tried to discriminate women on basis of gender then in post-independence era too discrimination has increased a lot like the other genders of LGBT community still suffers a lot although hon’ble courts had held them to be equal still they have to face problems. The Equal Pay Act prohibits employers from paying different wages to employees of opposite sexes within an employer’s establishment “for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.”.
Equal Employment Opportunity Commission v. Maryland Insurance Administration, 879 F.3d 114 (4th Cir. This case was related to all kinds of daily wage workers, contractual employees or casual workers who were doing same work as of permanent workers they were in comparison paid very less wages so court took the decision to make them equal. In this case, the Hon’ble Supreme Court of India has held that law is not saying that to treat everyone as equal.
Clearly enunciates that in Article one there should be no discrimination of pay toward any male or female and should be paid equally without any discrimination. The Commission is taking precautionary measures in response to the ongoing COVID-19 situation. Cohort, Webinar: Role of Investigating Agencies in Criminal Justice System | Iuris Jura, Call for Blogs: RGNUL Financial and Mercantile Law Review Blogs | Rolling Basis.
“Whether temporarily engaged employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, along with dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts”.