B. Comparable Worth

Pending cases may soon be decided to resolve the issue of comparable worth. Comparable worth is the concept of paying women equally for "comparable jobs." In the public sector, some states and localities have compared jobs and found that some fit the definition when the value of the work and the amount of effort and independent judgment involved are equal. As a result, some women's wages have been raised. Comparable-worth cases are not presently recognized under the EPA, although a few female claimants are suing private employers in this area under federal and state sex discrimination laws. (Author's Note: A recent New York lawsuit commenced by more than 100 secretaries demanding equal pay with custodians in a large suburban school district was dismissed. Although the commissioner of the Human Rights Department acknowledged the case posed very real issues of historic inequities between the genders, he rejected the case, stating that current law did not recognize the doctrine of comparative worth in New York since the law currently only focuses on the nature of the work performed [e.g., if it is the same then all people regardless of sex must be paid equally] and not on the class of people performing it. It is unknown at this time whether the decision will impact comparative worth cases filed in other states.)

Tip:If you believe you are entitled to more pay because the value of your work is similar to that of a higher-paid male at the company (e.g., that a male's assembly line job is comparable in worth to a secretarial position), speak to a competent employment lawyer for advice.