Important Employee RIghts and How to Use Them: Equal Pay Act and Title VII of the Civil Rights Act

In this popular age of advocacy, for-profit businesses have eagerly ridden the wave of social inclusivity through social media campaigns and editorial articles about the importance of a diverse workplace. Unfortunately, a 2020 Harvard Business Review (HBR) article tells us that while employers seek to benefit from the identities of marginalized people, they aren’t actually interested in creating a safe space for them. The HBR reports that employees don’t feel safe reporting abuse and discrimination for fear of retaliation from their employers or company. Unfortunately, while 61% of U.S. employees experience or witness pervasive discrimination based on race, gender, age, and sexuality, reporting rates remain extremely low. 

The factors that prevent employees from reporting abuse requires large-scale overhaul at the administrative level of businesses to make employees feel comfortable and safe in the workplace. However, until they make those changes, it's important to know how to protect yourself using existing anti-discrimination laws, such as Title VII of the Civil Rights Act, and other practices.

What is the Equal Pay Act?

The Federal Trade Commission writes that “the Equal Pay Act of 1963 protects men and women from sex-based wage discrimination in the payment of wages or benefits, who perform substantially equal work in the same establishment.”

What is Title VII of the Civil Rights Act? 

The Federal Trade Commission writes that the “Title VII of the Civil Rights Acts (1964), as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin. Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment.”

Why are these important to know? 

When you’re aware of what we legally view as discriminatory practices, then you are better able to defend yourself against such practices by keeping more detailed descriptions of specific events. You or legal counsel can then break these records down to outline the exact words and context with which the abuser discriminated against you. 

Also, simply knowing what exactly your rights are and demonstrating that knowledge in a respectful manner in the workplace can prevent you from being a recipient of hostility. 

If you’re experiencing workplace discrimination based on an aspect of your identity, there are a few things you can do: 

Hostility from Coworkers

If you’re experiencing discrimination or harassment from coworkers, you may find it helpful to keep a quiet, yet thorough record of the incidents (this can even be in the form of a personal journal). Unfortunately, to prove a hostile workplace in Texas, you must have sufficient evidence that the harassment is based on prejudice. If you keep a record, you will be able to establish a pattern and support your claims with evidence that others may be willing and able to back up. You can then draft an official complaint in writing with all the details and information you find relevant and submit it to your supervisor or to your company's human resource department. 

Hostility from Your Employer

If you find that your supervisor or human resources are not helpful, or you are experiencing discrimination from your supervisor, remember to keep a record and begin reviewing your state and legal options. Visit this link for information on how you can submit a formal complaint, without your employer's knowledge, to the Texas Workforce Commission's Civil Rights Division. 

If your employer attempts to terminate your employment after you bring the issue to their attention, that is evidence of illegal termination, and you have grounds for a lawsuit that you should feel comfortable exploring.  

Additionally, the NLRA protects the right to salary and wage transparency among coworkers, which allows employees to either verify fair pay among all workers or to collect evidence against an employer for various forms of discrimination. Learn more about the NLRA here. 

Visit this link for Austin employment legal aid and pro bono services!