wage gap discrimination, how to find a lawyer

If you experience salary discrimination, a New York employment lawyer can help. Contact NYC employment lawyer Charles Joseph for a free consultation to protect your rights today. Charles Joseph has over twenty years of experience with wage discrimination cases.

Full Answer

What happens when you prove wage discrimination against an employee?

Once the employee sets forth evidence proving wage discrimination, doing so raises a presumption that discrimination exists. Courts will then give the employer an opportunity to show that there is some reason other than discrimination for the differences in pay.

What has been done to close the wage gap?

The first step at closing the wage gap was taken in 1963 by President John F. Kennedy when he signed the Equal Pay Act.

How much of the gender wage gap can be explained by hours?

According to the Center for American Progress, only about 27 percent of the gap can be explained by the difference in hours that the two genders work. Variability in work experience also plays a role in wages, as some women can fall behind in career development more than men due to maternity leave or child care.

Does the wage gap vary by race and ethnicity?

It has also been found that the wage gap varies greatly based on ethnicity. Asian and white women tend to have less varied wages than white men compared to Black and Latina women.

What do you do if you suspect unequal pay?

File a complaint with a government agency or a lawsuit in court. If you reported the pay discrimination to your employer and they have not fixed it, or if you choose not to pursue the matter internally, you can file a complaint with the EEOC or your state's enforcement agency. (File a complaint in California.)

How do I advocate for equal pay?

Here are three simple tips to help narrow the gender pay gap.Know your worth. The first step is to know what you should you be paid. ... Ask. Asking for a raise is an important part of working toward pay equity. ... Influence where possible. There are times where you are in a position that can support more equitable pay.

How do you approach unequal pay?

Steps to take to address gender inequalityDo your research. Know what others are getting paid in the market similar to your position and save examples that can be used during discussions. ... Bring it to your employer's attention. ... Don't play the blame game. ... If needed, escalate the situation. ... Be willing to leave.

What are some examples of wage discrimination?

Wage discrimination means paying someone less because of their gender, race, age, or religion. Paying an employee less because of a protected characteristic violates the law. For example, paying women less than men for the same work qualifies as wage discrimination.

What organizations are fighting for equal pay?

25 Organizations Fighting for Gender EqualityUN Women. ... Association for Women's Rights in Development. ... Womankind Worldwide. ... Center for Reproductive Rights. ... Plan International. ... Women for Women International. ... Equality Now. ... Women's Environment and Development Organization.More items...

What is the fight for equal pay?

The USWNT's battle for equal pay began in 2016, when multiple players filed a case with the Equal Employment Opportunity Commission against the USSF over wage discrimination and unequal working conditions.

How do you deal with unjust and unfair compensation?

If you are being treated unfairly in the workplace, there are a number of steps you can take in order to protect your rights:Document The Unfair Treatment. ... Report The Unfair Treatment. ... Stay Away From Social Media. ... Take Care Of Yourself. ... Contact An Experienced Lawyer.

When two workers make the same job pay different?

Pay/compensation discrimination occurs when employees performing substantially equal work do not receive the same pay for their work. It is job content and not job titles that determine whether or not jobs are substantially equal.

What should I ask for in a discrimination settlement?

What is My Employment Discrimination Case Worth?The strength of your proof and the risk you will lose at liability.The extent of damages you suffered.Whether your employer's conduct was egregious and likely to make a jury angry.Whether your employer has a track record of violating employee's rights.More items...•

What is disparate treatment?

Disparate treatment is intentional employment discrimination. For example, testing a particular skill of only certain minority applicants is disparate treatment.

What are the three defenses for paying a different wage?

Under the current law, an employer can defeat an Equal Pay Act claim by proving that the difference in pay for substantially similar work is due to:seniority;merit;a system that measures production; and/or.a “bona fide factor other than sex, race, or ethnicity.”

Wage Discrimination

Wage discrimination means paying an employee differently because of their gender, race, age, ability, nation of origin, or religion. Employees deserve equal pay for equal work.

Potential For Retaliation

As with any employment law case, it’s important to know that you may be retaliated against. However, labor laws prohibit retaliation against an individual who is filing a discrimination case. Workplace retaliation includes denial of promotion, work-related threats, undesirable work schedules, and hostility.

Laws Prohibiting Wage Discrimation

The Equal Pay Act requires that people be paid equally for equal work, regardless of gender. It is the job content, not the job title, that determines whether jobs are equal, meaning that if a job requires equal skill, effort, and responsibility, the employee must be paid equally.

The Noble Law – Employment Attorneys

Unethical workplace behaviors, including wage discrimination, marginalize employees. You deserve fair compensation for your work. Here at The Noble Law, we provide clients in both New York City and North Carolina with legal advice and representation to help defend your compensation and help you move towards closure. Contact us today to get started.

What is wage discrimination?

Wage discrimination can describe a number of offenses based on wage discrepancies. Most often the disparities in wages occur among traditionally discriminated groups such as women and minorities. However, illegal wage disparities can occur for any group protected by federal or state employment discrimination laws.

What happens when an employee sets forth evidence proving wage discrimination?

Once the employee sets forth evidence proving wage discrimination, doing so raises a presumption that discrimination exists. Courts will then give the employer an opportunity to show that there is some reason other than discrimination for the differences in pay.

What does the EEOC do?

The EEOC suggests that its investigators evaluate compensation discrimination based on the wages and salaries of those similarly situated to the employee charging wage discrimination. Once these similarly situated individuals are identified, the investigator is encouraged to determine whether compensation differences are due to discrimination.

What is the first thing an employee must prove under Title VII?

Under a Title VII wage discrimination claim, an employee must first prove: 1) membership in a protected group and that he or she was qualified for the position worked in ; 2) an employer is practicing wage differentials based on the employee’s membership in the protected group and this has given rise to an inference of discrimination.

What are affirmative defenses for wage differentials?

Affirmative defenses for wage differentials might be that the differences are based on a seniority or merit system or that they are based on the quantity or quality of production. According to the Bennet Amendment to Title VII, these affirmative defenses apply to claims under both Title VII and the EPA.

What is the Equal Pay Act?

The Equal Pay Act (EPA) was designed to ensure that such wage disparities can be addressed in the courts. It requires that employers reward men and women equal pay for equal work.

Why is it important to receive adequate compensation?

Receiving adequate compensation is perhaps the most important aspect of employment in today’s workplace. When discrimination enters the picture, wages become an even larger area of sensitivity for employees, and unfair outcomes can be especially damaging. This is why employment discrimination laws are in place to protect workers from wage discrimination and to ensure that all workers are compensated fairly for the work they do.

What is equal pay discrimination?

Equal Pay/Compensation Discrimination. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal.

Is it illegal to discriminate based on sex in pay and benefits?

Equal Pay/Compensation and Sex Discrimination. Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII.

Can an employer reduce wages of either gender?

If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand.

How long does it take to file a charge against the Equal Pay Act?

The deadline for filing a charge about a violation of the Equal Pay Act with the EEOC is 2 years from the last discriminatory paycheck (or 3 years if the violation was willful (on purpose)).

How long do you have to file a wage violation in California?

In California, you have 2 years (or 3 years in in the case of willful violations) to file a charge under the California Fair Pay Act with the Labor Commissioner (Department of Labor Standards Enforcement).

How long do you have to file a lawsuit against your employer?

Under the federal Equal Pay Act, you can go straight to court and you are not required to first file a charge with the EEOC. The deadline for filing a lawsuit is two years from the last discriminatory paycheck (or 3 years in the case of willful violations by the employer)

How long does it take to file a Title VII claim?

You may also choose to file a Title VII claim, for which the deadline is either 180 or 300 days from the date of the last discriminatory paycheck depending on which state you live in. Check the EEOC’s website to find your state’s deadline.

What agency enforces anti-discrimination laws?

2. File charges with a government agency, such as the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces federal anti-discrimination laws, or your state enforcement agency — for example, the California Department of Fair Employment and Housing (DFEH).

How is the actual work being performed determined?

The actual work being performed (not job titles) determines whether jobs are substantially equal, and this is determined by looking at whether both jobs require the same skill, effort and responsibility. State equal pay laws. Most states (48 of 50) have additional equal pay laws to protect you.

How to get free legal help?

Apply for Free Legal Help: If you would like to get free legal help or advice about your situation, please fill out this form to make an appointment with one of ERA’s trained legal counselors. Equal Rights Advocates is a 501 (c)3 nonprofit organization, so all services provided are completely free and confidential.

What Is The Gender Pay Gap?

Wage Discrimination and The Law

• Federal law prohibits various forms of discrimination on the basis of gender and other factors, including race, color, and national origin. The two federal statutes that address wage discrimination most directly are the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, as amended by the Lilly Ledbetter Fair Pay Act of 2009.

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