Quote:
Originally Posted by mizzourah2006
well let's let the courts handle those. We don't force companies to hire equal % of protected classes, we just allow for the law to get involved if it is determined they are treating people differently based upon protected classes.
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And that is what exactly happens.
It is not against the law for a man to get paid more than a woman (and vice versa), it is against the law for a man to get paid than a woman solely on the basis he is a man. The courts have shifted the burden to employers to prove the pay disparity is not based upon gender.
Many pay settlements come down to more of documentation problems than actual disparate treatment; it is difficult for a company to state a man gets paid more than a woman because he is better at his job, when the company did not retain, or even make any record of this better performance.
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