Have you discovered that co-workers of the opposite gender are earning more than you, even though you do the same work? Your employer may be engaging in an unlawful discriminatory pay practice based on sex or gender. As a result, you might have a claim for compensation under the Equal Pay Act. An experienced employment law attorney from Ramage Lykos, LLC, can review your situation to determine whether you have a viable case. Contact our firm today for an initial claim evaluation with our seasoned legal team to discuss your options and develop a tailored legal strategy to vindicate your rights and pursue your objectives.
The Equal Pay Act of 1963is a federal law that amended the Fair Labor Standards Act to prohibit sex-based disparities in wages, pay, or benefits between male and female employees in the same company who perform jobs requiring substantially similar skill, responsibility, and effort under similar working conditions. The Equal Pay Act applies to public and private employers regardless of size.
The Equal Pay Act prohibits employers from paying different wages, salaries, or benefits to male and female workers based on each worker’s gender when workers perform substantially equal work. The EPA also prohibits labor organizations from causing employers to discriminate between female and male workers in pay or benefits. Under the EPA, male and female workers perform “substantially equal” work when each worker’s job requires similar:
Violations of the Equal Pay Act may occur when an employer pays a male and female worker with the same job title different wages/salaries, or when employers provide different employee benefits based on a worker’s gender.
However, not all disparities in pay or benefits may violate the Equal Pay Act. The law allows employers to offer different pay to employees performing substantially equal work when based on other, non-gender-based factors, such as:
An employer accused of maintaining gender-based disparities in pay must present a legitimate, non-gender-based reason for paying male and female employees performing substantially equal work different wages or salaries.
The Equal Pay Act differs from other state and federal laws prohibiting sex- or gender-based discrimination by focusing solely on pay disparities. For example, Title VII of the Civil Rights Act of 1964 prohibits employers from other types of discrimination based on sex or gender, including:
Furthermore, EPA claims differ from other sex-based employment claims as the Equal Pay Act does not require workers to file a charge of discrimination with the EEOC or a state agency responsible for investigating employment discrimination claims before the worker can file a lawsuit against their employer. Instead, employees with EPA claims can proceed directly to federal court to assert a sex/gender-based wage disparity claim.
Red flags that might signal your employer practices gender-based wage discrimination include:
Filing an Equal Pay Act claim will require you to present substantial evidence to prove that your employer has instituted a gender-based disparity in pay between similarly situated workers. Examples of evidence you might need to file your claim include:
Filing an Equal Pay Act claim begins with documenting the existence of a sex-based pay disparity and gathering other evidence to counter an employer’s potential non-discriminatory reasons for the disparity. You might consider raising the issue with your employer to resolve the disparity without litigation. However, you may need legal counsel to help you bring a pay disparity to your employer’s attention to avoid the potential for retaliation. Suppose your employer refuses to resolve a pay disparity, or you cannot raise the issue with your employer without risking retaliation. In that case, you can file a federal lawsuit to seek financial and equitable relief.
When you have an Equal Pay Act claim, the applicable statute of limitations requires you to file your lawsuit against your employer within two years of the last discriminatory paycheck you received. However, you may have three years to file suit if you can prove that your employer willfully discriminated in pay based on sex or gender. Courts strictly enforce these deadlines, making it critical to seek experienced legal counsel when you discover your employer may have paid you less than similarly situated co-workers of the other gender.
In an Equal Pay Act claim, you might seek various financial and equitable remedies for the economic loss you’ve suffered due to gender-based pay disparities. Examples of relief awarded in EPA claims include:
An employment law attorney from Ramage Lykos, LLC, can help you seek compensation and justice for lost income from your employer’s gender discrimination in worker pay by:
If you’ve discovered that your employer pays you less based on gender, you may have a legal claim under the Equal Pay Act. Contact Ramage Lykos, LLC, today for a confidential consultation with an experienced employment law attorney to learn more about your rights under the Equal Pay Act and discuss your options for pursuing financial compensation and accountability from your employer.
