Answers Posted By Joseph Wibbels

Answer to Is it an Equal Pay violation to pay a bonus to one employee and not the other in the same position?

The Equal Pay Act requires that employers provide equal pay for men and women who perform equal work. However, "unequal" pay is not prohibited if it is based on seniority, or merit, or on some factor other than sex. If your male counterpart is being paid his bonus based on his seniority or merit, then your employer may be able to show that it is not violating the Equal Pay Act.

If you can show that the difference in pay is not because he has been there longer than you, or that his work performance is not superior to yours, then you may be able to show a violation. In addition, if you are not given the same opportunity to earn the bonus, then there may be a violation of the Equal Pay Act or Title VII of the Civil Rights Act, which prohibits gender based discrimination.

posted Sep 10, 2009 06:26 AM [EST]