Gender Inequality in Pay: Doing the Same Work for Less

Jun 13, 2025 / Wage & Hour

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

If you’ve discovered that a male coworker is being paid more for doing the same job as you, it’s natural to feel confused, frustrated, and even powerless. While gender-based pay differences are not only unethical and improper, they’re also an issue for every state in the county. Thanks to both state and federal protections, employees in California are equipped with some of the strongest legal tools in the country to fight gender inequality in pay rates.

What Is Gender Pay Discrimination?

Gender pay discrimination occurs when an employer pays workers differently based on gender rather than job performance, experience, or qualifications. Women—especially women of color—can be among the most impacted, and often earn less than their male counterparts for performing the same work.

Pay disparities can be subtle and may go unnoticed for years, only becoming apparent when someone questions the imbalance or compares compensation. Gender-based pay gaps persist across industries and roles, making it a critical workplace issue that demands attention and action.

Examples of gender pay discrimination include:

A woman earning less than a man for doing the same or similar job
A woman being offered a lower starting salary for an identical role a man has
Disparities in bonuses, stock options, or benefits between employees of different genders

Why Do Gender Pay Gaps Still Exist?

Despite decades of progress and legislation like the Equal Pay Act, gender pay gaps still persist across industries for a variety of reasons. However, the most prominent reasons are due to historical biases, and a lack of salary transparency. As women have historically been funneled into lower paying jobs and industries like education, healthcare, and social work, it can make it harder for them to break into male-dominated industries like business, finance, and tech.

Additionally, many employers discourage employees from discussing wages, bonuses, and promotions. While there is no law prohibiting employees from discussing salaries amongst each other, a toxic work culture prohibiting the act, makes it easier for wage inequality to flourish. Even if companies believe they have set up fair systems, pay discrepancies often merge due to the lack of regular pay audits or transparency.

California Laws That Fight Against Gender Pay Discrimination

California has gone beyond federal protections to ensure that pay equity is not just a goal, but a legal standard. They are designed to promote pay equity regardless of gender, race, ethnicity, or other protected characteristics.

The California Equal Pay Act (Labor Code § 1197.5)

Under California Labor Code § 1197.5, employers cannot pay workers of different sexes, races, or ethnicities differently for substantially similar work. Even if the job titles are different, the actual duties and level of responsibility must matter more in order to justify pay differences. For example, legitimate factors like seniority, merit, quantity/quality of production, or even education/experience all qualify for a justifiable reason to pay workers differently, while promoting based characteristics like race, gender, and ethnicity do not.

California Labor Code § 232

Many workers are told that discussing pay is forbidden or unprofessional, but it is actually a common misconception that cultivates pay inequality. Under California Labor Code § 232, employers cannot prevent you from asking about or discussing your wages with other coworkers or encourage others to do the same. While transparency is often the first step in identifying a pay gap, it can be the most difficult as it requires participation from your coworkers.

California Senate Bill 1162

One of the most effective state bills to combat against pay discrimination, California Senate Bill 1162, mandates employers to include pay scales in job postings and provide historical pay data to current employees upon request. The Senate Bill also prohibits employers from asking about an applicant’s salary history and using said information to determine hiring decisions and/or salary offers. The bill not only promotes transparency and accountability in company-wide practices, but any company who violates the rule can be penalized with a fine.

What To Do If You Suspect Pay Discrimination

If you believe your male coworker is earning more for the same type of work, it is vital to document everything and slowly build your case against your employer. Start by collecting written evidence like emails, pay stubs, and performance evaluations, but before you consult with an employment attorney, it’s important to try to solve the issue in-house.

By bringing your concerns directly to management and Human Resources, there is a possibility where the issue can be solved quickly and without the need of legal representation. However, if the issue can’t be solved internally, you are creating a paper trail that can be used later on when you file a pay discrimination claim with an employment attorney.

Additionally, if you speak up about unequal pay or file a complaint, your employer cannot retaliate against you. That includes firing, demoting, or reducing your hours, creating a hostile work environment, and even threatening you for exercising your rights. If they do, you may have a separate legal claim for retaliation under California Labor Code § 1102.5 and FEHA (Fair Employment and Housing Act).

Can I Sue My Employer for Paying Me Less Than My Coworkers?

Discovering a pay disparity between you and a male coworker can be disheartening, but you are not without options. In California, the law is on your side and you can sue your employer for conducting pay discrimination. However, before you do, it is vital to gather as much evidence as possible to prove your claim and should you require assistance or legal guidance, a skilled employment attorney can help you build your case. Whether you’re simply seeking answers or ready to pursue legal action, you have every right to fight for the compensation you’ve earned.If you believe your rights have been violated at work, you don’t have to face it alone. La Dama Justicia is here to stand by your side and fight for the justice you deserve. Our experienced California employment attorneys are committed to protecting workers—especially women and members of marginalized communities—against discrimination, retaliation, wage theft, and more. Contact us today for a free consultation and take the first step toward reclaiming your power.