A Kansas City nursing home will need to pay $40,000 and furnish other relief to settle a gender-based pay discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC). According to the EEOC lawsuit, 12 female licensed practical nurses (LPNs) who worked at the Kansas City nursing home from 2017 to 2020 were paid less than male LPNs who were doing the same job. The lawsuit claims that the female LPNs were paid $20 to $26.50 per hour, which is based on years of experience, while paying male LPNs with the same or less experience $25 to $27 per hour.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Gender-based discrimination pay is a violation of the Equal Pay Act of 1963 (EPA), as well as Title VII of the Civil Rights Act of 1964. The EEOC filed its lawsuit after first attempting to reach a pre-ligation settlement through its conciliation process. The EEOC originally sued on behalf of only one female LPN, but during the litigation process it was discovered that there were an additional 11 female LPNs who also were paid less than male LPNs.
The company that previously owned the Kansas City nursing home will be required to engage professionals to review its pay practices and report to the EEOC to ensure compliance with the EPA if it resumes operation of any skilled nursing care facility in Missouri, Kansas, Oklahoma, Nebraska, or Illinois during the decree’s two-year term.
Compliance Perspective
Issue
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The EPA is a law that addresses all forms of pay, including salary, bonuses, and other benefits. All workplaces should have zero tolerance for any type of discrimination, including gender-based compensation discrimination.
Discussion Points
- Review policies and procedures for prevention of any type of discrimination, including in hiring practices, wage, or benefit assignment.
- Train staff about their right to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination to their immediate supervisor or through the facility’s hotline.
- Audit wages of all levels of workers to ensure there is no evidence of gender-based compensation discrimination or violations related to other protected categories, e.g., race, ethnicity, religion, disability, etc. Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination. Ask if they feel free to report such instances without fear of retaliation or retribution.
FOR MORE INFORMATION ON THIS TOPIC view: HARASSMENT AND DISCRIMINATION IN THE WORKPLACE.
