A Sour Note on Equal Pay for Women in Pennsylvania

The Gender Wage Gap in Pennsylvania 

In recent news, a principal flutist for the Boston Symphony Orchestra has filed suit, alleging that she is paid less than her closest comparable colleague, who is male. Her complaint appears to be the first pay equity lawsuit brought by a leading orchestral musician. The orchestra’s actions may violate the Equal Pay Act, and constitute gender discrimination under Title VII and state law.

The gender wage gap is nothing new. Such gaps exist all over the US and in every industry. There are many reasons for the gender wage gap, and not all of them are illegal. But while this is a national problem, today I am going to be focusing on the gender pay gap in Pennsylvania. 

According to Women’s Law Project, women who hold full-time, year-round jobs earn a median pay of $39,905 while men earn a median pay of $50,412. This means that women in Pennsylvania are paid 79 cents for every dollar paid to men.A Pennsylvania woman employed full time will earn $10,733 less annually than a Pennsylvania man. This loss equates to 80 weeks worth of food and more than a year’s worth of rent, according to a new report from the National Partnership for Women & Families. While the gap is closing, Pennsylvania women are not projected to catch up until 2072!

The wage gap is even larger for women of color. Among Pennsylvania’s women who hold full-time, year-round jobs, African American women are paid 68 cents, Latinas are paid 56 cents and Asian women are paid 81 cents for every dollar paid to white, non-Hispanic men.

Pennsylvania laws on equal pay are outdated and not working. The Pennsylvania equal pay law has not seen an update since 1967.

But Pennsylvania is not alone. This gender wage gap exists in all 50 states. Pennsylvania is ranked 23rd in male-female earning gap.

Recently, Governor Wolfe has spoke out about the pay gap saying it is wrong and in his Executive Order 2018-18-03, Equal Pay for Employees of the Commonwealth, which directs state agencies under the governor’s jurisdiction to:

  • No longer ask job applicants their salary history during the hiring process;
  • Base salaries on job responsibilities, position pay range, and the applicant’s job knowledge and skills;
  • Clearly explain the pay range on job postings.

Much more needs to be done to address this issue, but this is a start. Women all over the US are standing up and speaking up about gender pay gaps and those voices will hopefully help lessen this gap and create fairness across the board. One of the more interesting ideas is a ban on employers requesting the salary history of new applicants. The ban is intended to break the cycle that gender pay discrimination can create: a lower wage at one job leads to a lower wage at the next, etc. 

It is illegal for an employer to pay you less because of your gender Doing so may violate the Equal Pay Act, and constitute gender discrimination under Title VII and state law. If you have questions about your rights, call my office.

George Barron

I am an attorney based in Wilkes-Barre, PA. I practice employment law, immigration law and personal injury law.