Labor & Employment Law
Equal Pay Claims
Discriminatory pay practices based on gender still affect many employees. Under the Equal Pay Act of 1963, your employer cannot legally pay you less than your co-worker simply because of your gender. However, to succeed on an Equal Pay Act claim, you will need to prove that the co-worker in question holds a position of substantially equal skill, effort, and responsibility to you, and that person performs the job under similar working conditions within the same workplace. That being said, “equal” work does not necessarily mean you and that person hold identical jobs. Your co-worker just needs to be “substantially equal” or “closely related” in the overall job content that you hold. Keep in mind that any pay decisions by your employer which are based on a seniority, merit or incentive system cannot be used to support a claim of gender pay discrimination. To bring such a claim, you only have two years to file suit from the last day you received a discriminatory paycheck. As a successful plaintiff, you are entitled to back wages, “liquidated” damages (which means an additional amount equal to 100% of the wages you are owed), along with reasonable attorney’ fees and costs.
If you believe you have been paid less than someone of the opposite sex performing a similar job, schedule a consultation with an experienced employment lawyer to further assess your claims and discuss your legal options.
Frequently Asked Questions
The Equal Pay Act of 1963 is a federal law that prohibits employers from paying employees differently based on gender. Under this law, your employer cannot legally pay you less than your co-worker simply because of your gender.
You must prove that:
- A co-worker of the opposite gender holds a position requiring substantially equal skill, effort, and responsibility
- The work is performed under similar working conditions
- The work is performed within the same workplace.
No. The jobs don’t need to be identical. They only need to be “substantially equal” or “closely related” in overall job content.
Yes. Pay differences based on legitimate:
- Seniority systems
- Merit systems
- Incentive systems
Or differences based on any other factor other than sex.
You have two years from the date of your last discriminatory paycheck to file a lawsuit or three years from the date of your last discriminatory paycheck to file a lawsuit if the employer willfully violated the law. If you are not sure if your employer willfully violated the law, you should speak with an attorney.
If successful, you may be entitled to:
- Back wages
- Prejudgment interest on back wages
- Liquidated damages (an additional 100% of the wages owed) in you can prove the employer willfully violated the law
- Reasonable attorney’s fees
- Legal costs
If you believe you have been paid less than someone of the opposite sex performing a similar job, schedule a consultation with an experienced employment lawyer to further assess your claims and discuss your legal options.