Discriminación Remunerativa

'Discriminación Remunerativa' (Remunerative Discrimination) refers to any direct or indirect distinction, exclusion, or preference based on gender that has the effect of nullifying or impairing the equality of opportunity or treatment in employment and occupation, specifically concerning remuneration. This includes situations where men and women performing work of equal value receive different pay without objective and reasonable justification. The Peruvian regulations clarify that certain factors are explicitly not considered objective justifications for pay differences, such as pregnancy, maternity, paternity, lactation, family responsibilities, or being a victim of family violence. The law aims to eliminate both overt and subtle forms of discrimination that contribute to the gender pay gap, requiring employers to demonstrate that any pay disparities are based on legitimate, non-discriminatory factors.