⚖ The Advocate
Workplace & Labour Rights

Pay Discrimination by Gender

An employer justifies paying women less than men by claiming men have families to support.

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The Situation

What They Said

“We pay women less here — men have families to support.”
Said by an employer or manager when a female employee questions why she earns less than a male colleague doing the same work.
The Fallacy

Appeal to Tradition / False Generalization

This argument assumes that men are always primary breadwinners and women are not, which is a sweeping generalization that ignores individual circumstances. It also treats a social tradition as if it were a legal or moral justification for discrimination. The premise has no legal standing and does not override statutory equality obligations.

What the Law Says

Your Legal Foundation

Employment Equity Act 55 of 1998
Section 6(1) — Prohibition of unfair discrimination
“No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground.”
Paying women less than men for equal work on the basis of gender is direct unfair discrimination under this section.
Employment Equity Act 55 of 1998
Section 6(4) — Equal pay for work of equal value
“A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in subsection (1) is unfair discrimination.”
Where a woman performs the same work as a male colleague, paying her less solely because of gender constitutes unfair discrimination in remuneration.
Employment Equity Act 55 of 1998
Section 11 — Burden of proof
“If unfair discrimination is alleged on a ground listed in section 6(1), the employer must prove, on a balance of probabilities, that the discrimination did not take place as alleged, or that the conduct is rational and not unfairly discriminatory or is otherwise justifiable.”
Once an employee shows a gender-based pay differential, the burden shifts to the employer to justify the difference. An employer who relies on breadwinner status as justification cannot discharge this burden — breadwinner status is not a legitimate non-discriminatory criterion.
What Scripture Says

God's Word on This

Galatians 3:28 (NET)
“There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female, for you are all one in Christ Jesus.”
This verse affirms that distinctions of gender do not create a hierarchy of value or entitlement, directly opposing the idea that men deserve more compensation simply because of their sex.
Leviticus 19:13 (NET)
“You must not oppress your neighbor or commit robbery against him. You must not withhold the wages of the hired worker overnight until morning.”
Withholding fair wages from any worker — including through discriminatory pay structures — is condemned as a form of oppression and robbery.
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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “Your male colleague has more experience, that is why he earns more.”
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They might say: “We are a small business — the Employment Equity Act does not apply to us.”
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They might say: “You agreed to this salary when you signed your contract, so you cannot complain now.”
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