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That Dude Gets Paid More Than Me?!?!: Why Pay Equity Matters

Published on Sep 18, 2023
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Every year on September 18th, International Equal Pay Day is celebrated as a reminder of the continued gender pay gap that exists worldwide in the workforce. While progress has been made in recent years, women still earn, on average, only 81 cents for every dollar earned by their male counterparts (less for women of color). As leaders in our organizations and in the legal industry, it’s our responsibility to take action to create pay equity. In this blog, we’ll explore what pay equity is, why it matters, and what to do if you find your firm falling short.

What is pay equity?

Pay equity refers to the principle that all team members should receive equal pay for equal work, regardless of their gender, race, ethnicity, or other personal characteristics. I’ve spoken with firm leaders who hear this and think it means that every paralegal should make the exact same amount. Of course, there is room for nuance, and that’s where pay ranges come in. A pay range allows you some flexibility to account for differences in things like education level, years of experience, and stellar performance reviews. Pay equity does not mean every person in the same job receives the exact same pay. Pay equity does mean that those doing the same job or jobs requiring similar skills all fall into the range set for that position. When we create pay equity in our organizations, we are ensuring that all employees are treated fairly and with respect.

Why does pay equity matter?

Creating pay equity in your firm is not only the right thing to do, it’s also good for business. When we pay all employees fairly, we increase employee morale and engagement, boost productivity, and decrease turnover. Additionally, organizations that prioritize diversity, equity, and inclusion are more likely to both attract and retain top talent. By creating a workplace where everyone is valued and treated fairly, we also contribute to a more just and equitable society.

The employment landscape has been the wild, wild west since COVID-19 began. It’s still considered an employee market, and younger generations have shed the fear and secrecy surrounding discussions of pay. Your team members are likely much more comfortable openly discussing their pay and actively seek organizations with pay equity. Employment laws protect them in having these open discussions. That’s right: It’s both perfectly legal and healthy for your team members to discuss their pay. Your team members are talking, and you’d be wise to create a culture of pay transparency if you want to continue to attract and retain the best people.

As a leader of people, there have been times in my career where I’ve had access to payroll and seen firsthand how a well-meaning organization can end up with serious and disheartening pay disparities. It happens innocently enough. We ask candidates about their past salary history and base their current pay on that, leaving women and people of color in an impossibly deep hole and inheriting the inequities they’ve likely experienced throughout their careers. That’s why it’s critical to pay by the job and not by the candidate! We capitulate to people asking for a raise that puts them outside their pay range because we are scared to lose them. We cave to threats and end up on the losing end of negotiations, giving a squeaky wheel all the grease while dedicated and excellent team members continue to work hard and hope their efforts will be rewarded when the time is right. That’s not leadership, and it’s certainly not smart business. We get too busy to keep up with market trends. We see the insurance renewal numbers, we know how much the team-building activities cost, and we speak with other firms who don’t provide the work environment we do. We get jaded and think our people should be grateful and should know our grass is the greenest. We feel personally hurt when they ask for a raise or a salary review. This “pay by default and feeling” strategy is hurting our businesses and creating pay disparities. There is a better way.

How to conduct a pay audit

Instead of operating on one-sided negotiations, past pay, feelings, and possibly deep-seated unintentional bias, conduct a pay audit of your organization. This is a crucial step in creating pay equity. A pay audit involves analyzing your organization’s pay practices to identify any discrepancies and ensure all employees are being paid fairly for their work. Here are some steps to follow when conducting a pay audit:

Gather relevant data and do your leg work:

First things first – do you have job descriptions in place for all your team members? This is a fundamental first step in identifying which jobs require similar skills and tasks. We can’t create pay ranges for positions if we don’t know the work those positions entail! Create a spreadsheet that lists every job title in the organization with the relevant fundamental tasks, required educational level, required certifications, and other critical details. Slot those positions in order from entry-level jobs to high-level management positions. Consider factors like experience, education, and training as you rank the positions. Inevitably, there will be some judgment calls as you map out these positions. This step is both art and science, and that’s okay.

Create pay ranges:

You’ll want to review the current pay for those positions as well as review market data to determine if your current pay falls below, at, or above market for your area. You can work with an HR consultant to conduct a market analysis, pay for reports that list out market rates, and do some digging online (knowing that all sites are not created equal when it comes to reporting salaries.) Typically, entry-level jobs have a narrower pay range, and high-level management positions have wider pay ranges. You also have a decision to make. Maybe you want your firm to lead the market, paying a higher rate than other firms to attract top talent. Maybe your aim is to pay right at market rate, or perhaps you want to lag the market and pay below market rate, knowing that some other aspect of your firm (like culture, training, prestige, or other benefits) will still attract top talent. Whatever your decision, be consistent across the board and add your pay ranges to your spreadsheet, keeping your payroll budget in mind throughout this process.

Identify pay gaps:

Once you’ve done your analysis, it’s time to look at your current team and analyze their pay. Identify any disparities in pay between male and female employees, as well as other demographic groups. You may be surprised by what you find here if you haven’t taken the time to look at this with a lens of pay equity in mind. I’ve been in this position and was appalled to discover that the only male in a fundamental position at an organization I led was paid significantly higher than his other five female counterparts, doing the exact same job for the same length of time, with equal education. How had this happened on my watch? It needed correction immediately.

Address any disparities:

This is the most crucial step. If pay gaps are identified, take steps to address them, such as adjusting salaries or re-evaluating job descriptions. This is called right-sizing. It can feel painful, but it’s absolutely necessary. It can also result in team member buy-in and increased retention. Imagine how an employee would feel if you PROACTIVELY approached them to let them know your analysis indicated that a pay raise was in order! Firms may balk at the budget needed to close the pay gap, but keep in mind that budget is not an acceptable defense to a discriminatory pay gap claim. Discuss solutions you can afford and create a plan with a timeline to institute those solutions. As a general rule, you should only raise salaries to right-size a pay gap, not lower the higher ones.

Monitor progress:

Conduct regular pay audits to ensure that any pay disparities are corrected and that your firm is aligned with the principle of pay equity. This is an ongoing process, as pay is a moving target.

This approach helps your organization have pay equity, and it also helps you have cogent conversations at review time. If your pay ranges are transparent and a team member is asking for a raise that puts them out of range, you have an objective rebuttal. When a star team member asks for a raise that places them out of range, it’s time to flip that conversation. Consider instead if there is a path for growth for them. What’s the next stepping stone that comes with a higher range? What steps could they take to put them in the running for that position? The answer doesn’t have to be a no. It can be a cogent conversation about growth.

Creating pay equity in our organizations is both a moral and business imperative. By committing to this principle, we can create a workplace where everyone is valued and treated fairly and which attracts and retains top talent. Pay equity isn’t just about compliance; it’s about doing what’s right and ensuring every single member of your team is on an equal playing field. We work in the legal industry, where you and your firm fight daily to ensure justice – Let’s commit to creating a more equal and just legal industry by prioritizing pay equity in our organizations.

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