The Gender Pay Gap Works Both Ways!
In a little over six months the EUPTD kicks in, so I wanted to leave you with something that often gets lost in the conversation: the gender pay gap isn’t always as straightforward as you think it is. And it’s important to keep an open mind!
What do you mean with: “it works both ways”?
Here’s the thing: when people hear “gender pay gap,” they automatically think of women earning less than men. In statistical terms, that’s called a positive pay gap. And this is the number you see most often. But when you start analyzing the results, you can also find a negative pay gap. This is not a mistake; it happens when men earn less than women in certain roles. And it is equally real and equally important to address under the EU Pay Transparency Directive.
Are you saying men are paid less than women?
Yes, that happens too! It’s less common overall, but it happens more than you realize. I’ve seen it in healthcare, education, social services, and even in specific functions within tech companies. Sometimes it’s the result of historical hiring patterns. Sometimes it’s an oversight. And sometimes it’s just what the data shows and there is no straightforward explanation.
Does the Directive treat negative pay gaps differently?
No, and that’s my point. The Directive doesn’t care which direction the gap goes. Article 9 requires employers to take action when there’s a pay gap of 5% or more that “is not justified on the basis of objective, gender-neutral criteria.” Whether women or men are disadvantaged is irrelevant to your legal obligations.
Why does this matter?
Because the whole conversation seems to focus on the positive pay gap. But treating negative pay gaps as less serious (or worse, ignoring them entirely) undermines the entire principle of pay equity. It also exposes you to the same legal and reputational risks as a positive gap. Your male employees have the same rights to equal pay as your female employees. Full stop.
What should we be doing about it?
Exactly what you’d do for a positive gap:
- Investigate the root causes through proper job evaluation and analysis
- Determine whether the gap can be justified by objective, gender-neutral factors
- If it can’t, mitigate the gap
- Document everything
- Monitor the situation over time
The methodology doesn’t change. The accountability doesn’t change. And a pay gap must be remedied.
And as we head into the new year…
I wanted to remind you that pay equity isn’t about “fixing things for women” or “fixing things for men.” It’s about creating fair, defensible, transparent compensation practices for everyone. As you continue to work on your implementation in 2026, I hope you’ll always remember that the Directive’s goal is equal pay for equal work for everyone who works for you.
The pay gap works both ways. Your response should too.