You may think you are paying your employees fairly and equitably until the EEOC comes knocking at your door to perform an audit. It is commonly known that EEOC requires that all employees are treated fairly regardless of national origin, race, religion, color, sex (including pregnancy and sexual orientation), disability or genetic information. And for employers with 20 or more employees, the Age Discrimination in Employment Act requires that you treat workers over 40 the same and younger workers. To be in complete compliance with EEO regulations, none of these factors can be used when you are hiring, promoting, disciplining and laying off workers. Additionally private employers with at least 15 employees who work for you for 20 weeks or more a year must also comply with Title VII of the Civil Rights Act and if you have a federal contract or subcontract you may be subject to EEO guidelines. Less commonly known is that fair treatment must also be extended to employees who marry someone of a different national origin, race, religion or color. What you don’t know can hurt you and therefore periodic pay equity self-audits are essential.
All forms of pay are covered by these regulations, for example; base salary, overtime pay, shift differentials, discretionary or non-discretionary bonuses, stock options, profit sharing plans, life insurance, vacation and holiday pay, travel expenses, and benefits. If an inequality in wages between men and women is found, it cannot be corrected by reducing the wages of either sex.
To properly analyze your pay practices, you need to identify all factors that influence all types of compensation. Influencing factors may include:
- Length of time in position
- Service interruptions
- Skills and experience required for the job
- Education, certifications, licenses, etc required for the job
- Performance ratings
- Pay grade or level
- Historic pay increases
- Market Location
- Employment status such as Full-time/Part-time
Pay equity analysis should be performed that includes analysis by job group or salary grade; if no formal salary structure is in place, group by jobs with similar value and worth. Also analyze by race and by gender. Ensure all your pay decisions are well documented as well as having good document retention policies in place. Of utmost importance is that you apply your compensation practices in a consistent manner and in accordance with your policies and procedures. If audited by the EEOC, you may need to defend your pay decisions and consistency and documentation will be crucial.
To protect your organization as well as ensure fair and equitable pay to all employees, it is essential to understand and stay up to date with all the regulations, ensure policies and procedures are in place for compliance and to perform periodic compliance audits. Even if you are in compliance today, that can easily and quickly change as your organization changes and evolves. Mergers, acquisitions and divestitures can significantly impact pay equity as well as the day to day business operations of hiring, terminating, promoting, transferring, and restructuring within the organization including the realignment of job duties.
At WageWatch our experienced compensation consultants can assist with your organization’s compensation needs. We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit survey data, market compensation data and salary reports that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online .