2022Equal Pay

Written By ESR News Blog Editor Thomas Ahearn

International Women’s Day (IWD) is a global day that takes place every year on March 8th to celebrate the social, economic, cultural, and political achievements of women, and also marks a call to action for accelerating women’s equality, which includes promoting equal pay for women who perform the same type of jobs as men.

The IWD campaign theme for 2022 is “Break the Bias” and seeks to imagine a gender equal world free of bias, stereotypes, and discrimination that is diverse, equitable, and inclusive where difference is valued and celebrated. One way to achieve this is to close the gender pay gap between men and women.

Women enjoyed recent success with equal pay. On February 22, 2022, U.S. Soccer and the U.S. Women’s National Team (USWNT) players announced an agreement to resolve the outstanding equal pay claims in litigation that has been pending since March 2019. The parties released a joint statement on the settlement agreement.

“The U.S. Women’s National Team players have achieved unprecedented success while working to achieve equal pay for themselves and future athletes. Today, we recognize the legacy of the past USWNT leaders who helped to make this day possible, as well as all of the women and girls who will follow,” read the joint statement.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws and can file equal pay discrimination lawsuits against employers who allegedly violate the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Both Acts prohibit sex-based wage discrimination.

However, the gender gap in pay has remained relatively stable in the United States over the past 15 years. In 2020, women earned 84 percent of what men earned, according to a Pew Research Center analysis, and women would have to work an extra 42 days to earn what men did in 2020 based on this estimate.

As a result, laws prohibiting employers from asking about salary history have increased to narrow the gender pay gap. As of 2022, salary history question bans exist in many major American cities and several states. A list of states and localities that have passed salary history bans is available here.

When an employer has a background screening firm perform past employment verifications as part of a pre-employment background check on a job applicant, it is critical that the screening firm knows which cities, counties, and states prohibit salary history questions, or else that employer could be fined or sued.

Employment Screening Resources (ESR) – a service offering of ClearStar, a leading provider of Human Capital Integrity℠ technology-based services – offers employers flexible and customizable employment verification solutions that closely follow state and local salary history laws. To learn more, contact ESR today.

NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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