Are employers allowed to pay employees differently based on gender or race?
No, employers are not allowed to pay employees differently based on gender or race. This is prohibited by state and federal wage and hour laws in Arizona. According to the Arizona Equal Pay Act, employers are prohibited from paying an employee of one membership group (such as a gender or racial group) less than an employee of another membership group unless the difference is based on a bona fide factor other than membership in the protected group. Furthermore, the employer must provide an equal pay gap analysis that shows that the wage disparity is based on a legitimate, non-discriminatory reason. Wage disparities based solely on race, religion, sex, age, national origin, sexual orientation, gender identity, or disability are prohibited. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing wage and hour laws. Employees may choose to file a complaint with the EEOC if they believe they have been discriminated against and denied fair compensation. Similarly, employees may file a claim with the Arizona Civil Rights Division of the Attorney General Office if they have experienced wage discrimination. Regardless of the situation, employers are legally obligated to ensure that they are not discriminating against any employee in terms of pay. If an employer discriminates against an employee, they may face legal penalties. Therefore, it is important for employers to ensure they are always following state and federal wage and hour laws.
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