Woman Paid Less Than Male Colleagues for the Same Work
An employer pays female employees less than male employees doing equivalent work
Premiumintermediate7 minutes
The Situation
What They Said
“The men have families to support — that's why they earn more. You should understand.”
Pay discrimination against women is widespread in Zambia across formal and informal sectors. Employers use a variety of justifications — family responsibilities, seniority, job title differences — to mask what is substantively pay discrimination on the basis of sex. The Gender Equity and Equality Act 2015 and the Employment Code Act 2019 both prohibit unequal pay for work of equal value. The Gender Equity and Equality Commission and the Labour Commissioner both receive these complaints.
The Fallacy
Social Role as Pay Justification Fallacy
The employer uses gendered social expectations — men as breadwinners — to justify a pay difference that has nothing to do with the work performed. Pay discrimination law is based on equal pay for work of equal value, not on the personal circumstances of the employee. A woman's pay cannot legally be set lower because of assumptions about her family role or financial needs.
What the Law Says
Your Legal Foundation
Gender Equity and Equality Act No. 22 of 2015
Section 23 — Equal Pay for Work of Equal Value
“Every person has the right to equal remuneration for work of equal value without discrimination on the basis of sex.”
If you do the same or comparable work as male colleagues and are paid less, this is a violation of the Gender Equity and Equality Act. File with the Gender Equity and Equality Commission (GEEC).
Employment Code Act No. 3 of 2019
Section 98 — Non-Discrimination in Terms of Employment
“An employer shall not apply different terms and conditions of employment, including remuneration, to employees doing work of equal value on the ground of sex.”
You have a parallel claim under the Employment Code Act through the Labour Commissioner and the Industrial Labour Tribunal.
Constitution of Zambia 1991 (as amended)
Article 23 — Protection from Discrimination
“No person shall be treated in a discriminatory manner on the grounds of sex.”
The constitutional prohibition on sex-based discrimination extends to pay. This gives you a constitutional right to raise the matter with the ZHRC as well.
What Scripture Says
God's Word on This
Galatians 3:28 (NIV)
“There is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus.”
The biblical declaration of fundamental equality in worth extends to how people are valued in their work. Pay discrimination that says a woman's labour is worth less than a man's equivalent labour directly contradicts this declaration. The law agrees — and gives you the tools to enforce equality.
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You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.