Georgia’s Equal Pay for Equal Work Act

July 30th, 2006 Posted by Jane

I am glad to report that the Georgia Equal Pay for Equal Work Act asserts that discrimination in pay depending on the sex of a worker is unlawful. The act goes on to state that discrimination applies to unequal pay for comparable work on jobs which require the same or essentially the same knowledge, skill, effort and responsibility. 

Jobs don’t have to be exactly the same to be equal. If two employees are actually doing the same work, it doesn’t matter if their titles or job descriptions are different. What counts is the duties they actually perform. The biggest problems are when two jobs are basically the same, but one includes a few extra duties. It is perfectly legal to award higher pay for the extra duties, but some courts don’t agree that the higher-paying jobs with extra duties should be consistently reserved for male workers. 

There are some common-sense caveats. Employees may be paid at a different rate if it is in response to: 

  • A seniority system; 
  • A merit system; 
  • A system which measures earnings by quantity or quality of production, or 
  • A differential based on any other factor other than sex 

However, in order to comply with the provisions of this act, it is also unlawful to reduce the wage rate of any employee. So, wages can be raised to conform to the law, but they can’t be lowered.

In addition, I know that it is against the law for anyone (a client, governing body, or system of law) to cause an employer to discriminate against any employee. Finally, it is also against the law to fire or demote any employee who makes a complaint against the employer or any other person, testifies in court, or sues the employer. 

Any employer who violates this law can be punished by a $100,000 fine. Employers must hang a poster of the Georgia Equal Pay for Equal Work Act in their place of business. This posting is available on the Georgia Complete Labor Law poster.

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Posted in Employment Laws, Georgia, Salary, Wage and Hour

  1. Posted by: xander

    3 years ago office staff were changed from Secretaries to Administrative Assistants. Me and another worker were to recieve the same change to a higher paid grade/title but it did not happen. This was due to 3 different managers leaving and the paperwork was never put through until June of this year. We finally got the title change this week but not the upgrade in salary. We both have had to fight tooth and nail to get this promised title/paygrade change. The reason given for no additional money was that all staff positions are being re-evaluated. I believe this is wrong and unfair and may be illegal. What is your opinion?

  2. Posted by: Amelia

    Hi xander! The problem here is that the employer can increase your pay…and the employer can reduce your pay. Suppose manager A promised you a raise. Then manager B came along and changed that decision or policy. That would be perfectly lawful.

    Even if you had been given the increase 3 years ago, most employers have reduced salaries for current employees in the past 18 months.

    If the company admits you were promised a certain salary, especially if that promise was made in writing, you may have a case for breach of promise. But it’s going to be an uphill battle. You should consult an attorney who specialized in employment law if you would like to pursue this issue. HTH, and thanks for reading the blogs!~ Amelia

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