Wage Discrimination

Wage discrimination refers to the unequal treatment of employees based on their gender, race, ethnicity, or other protected characteristics. Legally, they must be paid equally for performing substantially similar work; if not an employer could be committing pay discrimination. Pay discrimination occurs when employees of a similar, or same, job level or duty receive different pay or benefits due to their membership in a protected group, rather than differences in qualifications, experience, or job performance.

The Equal Pay Act seeks to protect against pay discrimination. Under this Act, an employer may not justify any pay difference between employees of the opposite sex or gender, or employees of different race, national origin, or ethnicity, based on an employee’s prior salary.

1. Gender Wage Gap: One of the most commonly discussed forms of wage discrimination is the gender wage gap, which refers to the disparity in earnings between men and women performing similar work and who do not receive equal pay. Despite advancements in gender equality, women continue to earn less than men on average in many industries and occupations. This is a type of employment discrimination.
2. Equal Pay Laws: Various federal, state, and local laws prohibit wage discrimination based on protected characteristics such as gender, race, gender identity, ethnicity, religion, age, disability, and other protected characteristics. Again, the federal Equal Pay Act (EPA) requires employers to provide equal pay for equal work, regardless of gender.
3. Factors Contributing to Wage Discrimination: Wage discrimination can be influenced by a variety of factors, including implicit bias, occupational segregation, lack of transparency in pay practices, negotiation dynamics, caregiving responsibilities, and systemic inequities in hiring and promotion. Unequal pay discrimination can be unlawful and the employees may be able to file a discrimination lawsuit if they feel they have experienced age discrimination, a wage disparity, or discrimination as part of their protected class.
4. Pay Transparency: Increasing transparency in pay practices, such as disclosing salary ranges for job positions and conducting regular pay equity audits, can help identify and address wage disparities within organizations. Fair pay is crucial and should be substantially equal for all workers based upon a merit system. 

If a worker feels they have experienced compensation discrimination, they should reach out to La Dama Justicia today for more information.

5. Enforcement and Remedies: Employees who believe they have experienced wage discrimination may file complaints with the Equal Employment Opportunity Commission (EEOC), state fair employment agencies, or pursue legal action. Solutions for wage discrimination may include back pay, front pay, compensatory damages, punitive damages, and a possible reimbursement of attorneys’ fees. At La Dama Justicia, the gender pay gap lawyers offer legal representation without any up-front fees. They offer a free consultation for Fair Pay Act issues. Reach out today for more information.
6. Employer Obligations: Most employers have a legal obligation to ensure equal pay and pay equity and prevent wage discrimination in their organizations. This includes conducting regular labor force analyses, eliminating bias in hiring and promotion decisions, providing equal pay to perform substantially equal work, and fostering a culture of fairness and inclusion.

How To Prove Wage Discrimination

Proving wage discrimination can be challenging, but there are several steps you can take to gather evidence and build an Equal Pay Act claim. Here are some wage discrimination examples:

1. Document Salary Information: Collect documentation related to your salary if you think you are receiving a discriminatory paycheck, including pay stubs, W-2 forms, offer letters, employment contracts, performance evaluations, and any other relevant records that show your compensation history and that of coworkers in the same workplace of substantially equal jobs.
2. Gather Comparable Data: Find coworkers or colleagues who perform substantially equal jobs, and are of substantially equal skill, to your own and who are of a different gender, race, ethnicity, or other protected characteristic. Try to gather information about their salaries, benefits, job duties, qualifications, and experience to compare with your own to see if you receive equal pay.
3. Analyze Pay Disparities: After you compare your salary and benefits to those of comparable coworkers to identify any disparities, look for patterns of differences based on protected characteristics, such as gender, race, or ethnicity, that cannot be explained by legitimate factors such as education, experience, performance, or job responsibilities. The Equal Pay Act requires that equal work should mostly be compensated fairly for those who perform the same job.
4. Consider Non-Pay Factors: Take into account any factors that may influence pay disparities, such as differences in job titles, levels of experience, education, job performance, seniority, geographic location, job duties, hours worked, or other relevant factors that may justify unequal pay.
5. Document Discriminatory Practices: Keep records of any discriminatory statements, comments, or actions related to your compensation that you or your coworkers have experienced or witnessed. This might include comments about gender, race, ethnicity, or other protected characteristics made by managers, supervisors, or coworkers, for example.
6. Seek Legal Advice: Consult with an experienced employment attorney, like the ones at Lawyers for Justice, PC, who are extremely experienced in wage discrimination and equal pay issues. They can offer a free consultation, review your case, provide legal advice, and help you understand your rights and options for pursuing a compensation discrimination claim.
7. File a Complaint: If you believe you have been a victim of wage discrimination, you may file a complaint with the Equal Employment Opportunity Commission (EEOC), state fair employment agencies, or other relevant government agencies. Your pay discrimination attorney can assist you with the complaint process and represent you in any legal proceedings.
8. Document Retaliation: Beware of potential retaliation from your employer or coworkers for raising concerns about wage discrimination. Document any adverse actions or changes in treatment you experience as a result of asserting your rights. This could strengthen your case for pay discrimination or wrongful termination.

Call the employment lawyers at La Dama Justicia, powered by Lawyers for Justice, PC, for more information.