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Overtime Discrimination

SystemSystem 5,885 Posts
in HR & Employment Law Vote Up0Vote Down
Isn't it discrimination to deny overtime to a female employee, but yet allow overtime for male employees in the same office building that perform simliar functions?
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  • Don DDon D 9,834 Posts
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    Based on the information you gave and none other, I would think so, yes, if the employees are in the same classification and the sole factor in the treatment of overtime is the sex of the employees.
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  • GillianGillian 885 Posts
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    Ditto - based on just the info that you gave.
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  • SystemSystem 5,885 Posts
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    I'm not sure, but this might also fall under the Equal Pay Act. I think you could be liable under the EPA even if there isn't an intent to discriminate.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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  • Don DDon D 9,834 Posts
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    James; you may be right, but I thought EPA only addressed equal pay for EQUAL WORK. In this case, it seems there is no work for the female after 40 hrs. But probably for the hours she works the pay IS equal.
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  • SystemSystem 5,885 Posts
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    I should give more detail: The female is at the same grade as the males, they perform similar jobs though they have different job titles, and they work on the same side of the building. I appreciate all the info from everyone.

    >James; you may be right, but I thought EPA only addressed equal pay
    >for EQUAL WORK. In this case, it seems there is no work for the female
    >after 40 hrs. But probably for the hours she works the pay IS equal.



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  • SystemSystem 5,885 Posts
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    Thanks, James, I believe you're right and did some EPA research. They perform similar jobs, although the job titles are different, but I understand that job title are irrelevant when it comes to the EPA. As long as the jobs require equal skill, etc...in addition the female also claims that right before she was denied OT that she had reported overhearing her supervisor call her a derogotory name and told his boss about it. I think this is retaliation and it's not going to go away any time soon. BTW, good forum. Keep it up!


    >I'm not sure, but this might also fall under the Equal Pay Act. I
    >think you could be liable under the EPA even if there isn't an intent
    >to discriminate.
    >
    >James Sokolowski
    >Senior Editor
    >M. Lee Smith Publishers



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