Can Schools Pay Men More Than Women for the Same Work?
No. Under both the Equal Pay Act of 19631 and Title VII of the Civil Rights Act of 1964,2 sex cannot be used as the basis of a pay disparity between individuals who perform substantially the same work.3 A pay difference is permissible, however, if it is based on factors other than sex, such as experience or educational qualifications. Thus, in a New York case, the court dismissed a claim that Title VII was violated where elementary school principals were paid less than high school principals, even though the latter tended to be largely male, while elementary principals were nearly all female.4 The court explained that the mere fact that a lower-paid job was “traditionally female” is not enough to establish a Title VII violation: the critical question, rather, is whether any present violation exists. In examining the current situation, the Court found that the salary difference was justified by factors other than sex, including the fact that the high school principal’s job entailed greater responsibility and effort due to the size of the staff, physical plant, student body, and larger budget.