EEOC Sues Spec Formliners for Pay Discrimination

U.S. Equal Employment Opportunity Commission (EEOC)
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Concrete Liner Company Failed to Pay Female and Male Sales Representatives Equally, Federal Agency Charges

LOS ANGELES - Spec Formliners, Inc., a Santa Ana, Calif.-based concrete liner company, violated federal law when it paid a female sales representative less than a male sales representative, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to EEOC's lawsuit, Spec Formliners paid a female sales representative less than a male sales representative in base pay and required the female to sell more to earn the same commission as the male.

Such alleged conduct violates the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. EEOC filed suit in U.S. District Court for the Central District of California (EEOC v. Spec Formliners, Inc., Case No. 8:16-cv-02066) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC's suit seeks back pay and liquidated damages, along with compensatory and punitive damages for the female employee, as well as injunctive relief intended to prevent and address discrimination.

"One of EEOC's strategic enforcement priorities is to ensure women receive equal pay for equal work," said Anna Park, regional attorney for EEOC's Los Angeles District, whose jurisdiction includes California's Orange County. "Depriving women of equal pay can have an impact beyond just the individuals involved."

Rosa Viramontes, district director for EEOC's Los Angeles District, added, "Employees deserve equal compensation when completing the same work, regardless of their gender. Employers need to be aware that disparities in pay for employees of opposite sexes can be a violation of the law."

According to the company's website, www.specformliners.com, Spec Formliners creates and customizes form liner patterns for concrete projects.

Enforcement of equal pay laws and targeting compensation systems and practices is one of the six national priorities identified by the Commission's Strategic Enforcement Plan (SEP).

EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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