Equal Pay Claims

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.