Sophia Serrao
Tue, 03/21/2023
Earlier this month, the Government Accountability Office (“GAO”) released a report analyzing women in the workforce, concluding that women remain underrepresented in management positions, but that the gender pay gap varies by industry and demographics.
According to the report, although women make up 47% of the workforce, they are 42% of managers. The report studied census data from the American Community Survey dated from 2018, 2019, and 2021 regarding full-time, year-round workers. The data was examined and analyzed for (1) women’s representation in management positions; (2) differences in pay between women and men; and (3) how pay differences between women and men vary based on key characteristics. The report found that women remain underrepresented in management roles and continue to earn less than male managers. The gender pay gap varies by industry and demographic but generally women are paid less than their male counterparts with Native Hawaiian or other Pacific Islander women managers facing the largest gap, at $0.51 of a difference. This means that for every dollar a male Native Hawaiian or other Pacific Islander manager earned, a woman earned just forty-nine cents. Asian women managers are paid closest to that of white male managers with a gap of $0.14.
A gendered pay gap has been the focus of many years’ pay discrimination lawsuits because women have historically been paid less than their male counterparts. The Equal Employment Opportunity Commission (EEOC) enforces the Equal Pay Act which requires that men and women in the same workplace be given equal pay for equal work and has recovered millions of dollars for workers in such pay disparities. The EEOC has fought for female engineers in Prince George’s County, Maryland, female professors at the University of Denver, female health care workers, female library branch managers, and female bank managers. Details of such cases and cases in which the pay disparity intermingled with other civil rights protections can be found here. The EEOC is one avenue for people facing pay disparities, there are various pay discrimination cases that occur after EEOC review.
The Equal Pay Act provides an important method for challenging these pay practices by employees from various industries and the challenges are more than simply about being paid a smaller wage than a male. Other violations of the Equal Pay Act can include an absence of women in leadership positions, stunted promotional ability, discouragement of salary negotiations, disparities in benefits, and “boys club” atmospheres. The variety of pay discrimination avenues can mean that many employees could have various claims and be so used to it they do not realize something is wrong. Reports like the GAO report can help shed light on some of the ways in which disparities exists in the workforce.
MSE represents workers facing pay disparities. For more information, visit https://www.mselaborlaw.com/practice-areas/metoo-in-the-workplace. If you believe that your employer failed to pay equal pay for equal work, contact MSE at info@mselaborlaw.com.
