Do equal pay jobs have to be at the same time?

I just have one question on the equal pay act laws. Do the employees that are being compared have to be employed during the same time period?

For example, I was wrongfully terminated from my job. I was being paid $7.50 an hour since my employment date. After being fired my supervisor then hired a female employee about two months after my termination and started her at $9.99 an hour. We both did the same job had the same job title, performed the same duties. I outdo her in qualifications. But is this actionable?

There was a pay disparity between two employees of opposite sexes but the time period is in question. EEOC told me I could sue under the equal pay act but will it be dismissed in court due to the time periods differences? If
it is actionable as EEOC states could you state some authorities that could back me up in court?. Thanks for any and all help.

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
I believe that the jobs can be at different times.

The last time I looked at this issue I understood that the jobs under consideration as equals did not have to be open at the same time, and that the EPA covered situations like yours, where a member of the opposite sex followed the party complaining of the equal pay problem. To find authority to support this point, however, will require research.

To research this law, you should contact an attorney in the city where you live. Most states have their own equal pay law in addition to the federal law, so you can kill two birds with one stone.

posted by Neil Klingshirn  |  Nov 28, 2000 1:12 PM [EST]

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