EmploymentQuestion 1050 of 1605

A contractor pays female laborers less than male laborers doing substantially the same work, purely because of sex. This is:

a.Unlawful sex discrimination and a violation of equal-pay law
b.Lawful if the women agreed to the lower pay
c.Lawful because construction is physically demanding
d.A workers' compensation issue only

Explanation

Paying employees of one sex less than another for substantially similar work, based on sex, violates both FEHA and California's Equal Pay Act (Labor Code §1197.5). An employee's agreement to the unequal pay does not make it lawful. Pay differences must rest on legitimate, non-discriminatory factors.

Law Reference: Gov. Code §12940(a); disparate treatment

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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