Overview of California’s Equal Pay Framework
The California Equal Pay Act is a law that combats pay discrimination in the California workplace. Under the California Equal Pay Act, significantly strengthened by the 2015 California Fair Pay Act and subsequent amendments, employees in California, irrespective of gender, race, or ethnicity, must be compensated equally for jobs demanding substantially equal skill, effort, and job duties, while working under comparable working conditions. The California Equal Pay Act builds upon the Federal Equal Pay Act of 1963, which requires that men and women receive equal pay for equal work. Equal Pay Act legislation on both the federal and state level are crucial in the fight to combat pay discrimination.
While Equal Pay legislation has been effective in reducing pay discrimination, the wage gap remains. In 2025, U.S. wage gap statistics show women earn roughly 83 cents for every dollar men earn, with gaps widening for women of color and older women. California has one of the nation’s lowest pay gaps, but women still earn roughly 85 cents for every dollar men earn, with wage disparities increasing for workers of color in California.
The California Equal Pay Act and the Fair Pay Act are essential instruments in the fight to achieve equal pay for all. If you believe you are not receiving equal compensation for equal work when compared to a colleague of a different gender or ethnicity, you may be able to bring a legal claim under the Equal Pay Act.
Equal Pay for Substantially Similar Work: Core Legal Standards
The California Equal Pay Act (EPA) and the Fair Pay Act (FPA) rely on the core principle that workers should receive equal pay for substantially similar work regardless of sex, race, ethnicity, sexual orientation, disability, age, gender identity, marital status, and more. The legislation covers employers of all sizes, providing protection whether you work for a small business or a large corporation.
- Equal Pay: Equal pay extends beyond just wage rates. Discrimination in compensation, according to the California EPA and FPA, goes beyond mere pay difference; it includes all forms of compensation such as wages, bonuses, benefits, and overtime. Paying employees equally means compensating them equally in all respects.
- Substantially Similar Work: The California EPA and FPA holds that individuals who perform “substantially similar work” must be compensated equally. “Substantially similar work” refers to work that is mostly similar in skill, effort, responsibility, and performed under similar working conditions. Jobs that require substantially similar work do not have to have the same job titles.
Not all instances of unequal pay violate the EPA. There are legitimate job-related factors that can be considered, such as prior work experience, ability, education, job description, physical or mental labor, accountability, and physical surroundings, which can all be considered when determining whether work is substantially similar. For example, an employer could reasonably use a seniority system or a merit system to determine how to compensate each employee. Employers are within their rights to pay senior employees at a higher rate or pay employees based on their quality of production.
If you feel you are being compensated differently from a co-worker who is performing substantially similar work, you may be able to file a claim under the Equal Pay Act or Fair Pay Act.
Strengthened Protections and Employee Rights Under California Law
California’s Equal Pay Act provides broader, stricter protections than the Federal Equal Pay Act. The Federal Equal Pay Act prohibits wage disparities based only on sex for equal work. California’s Equal Pay Act goes further, prohibiting wage discrimination based on sex, race, ethnicity, sexual orientation, disability, age, gender identity, marital status, and more for employees doing substantially similar work. Unlike federal laws, employees do not have to work at the “same establishment” to be compared under California’s equal pay law. Pay protections in California extend protection across facilities, giving workers within the same company the right to be paid equally to colleagues at different facilities, offices, or branches.
California’s pay laws put the burden of proof onto employers; compensation differences are only allowed if the employer can prove the pay gap is based entirely on a seniority system, merit system, production-based system, or a bona fide factor (like education, training, or experience) that is job-related and consistent with business necessity.
California wage laws also strictly prohibit pay secrecy, empowering employees to discuss compensation and request pay scale information and wage data without facing retaliation. Employers are likewise required to disclose pay scales at the behest of employees. California law protects employees who discuss pay at work, report wage discrimination, resist wage discrimination, or participate as a witness in a wage discrimination investigation against unlawful retaliation.
Identifying Unequal Pay Discrimination in the Workplace
It can be difficult to identify illegal pay discrimination in the workplace. Wage gaps may happen at the time of hire, or may arise over time through inconsistent raises, bonus disparities, or inequitable pay-setting practices. Often, illegal pay discrimination occurs in tandem with other broader discriminatory patterns, for example, hostile work environment issues, or unequal job assignments and advancement opportunities. Illegal pay discrimination often also goes hand in hand with a lack of transparent compensation policies, high turnover in specific demographics, and gender or racial segregation in roles or departments.
If you notice a compensation discrepancy at your place of work, reach out to an employment attorney. With the help of an attorney, you will be able to document the discrepancies, assess the strength of your potential legal claims, negotiate for necessary wage adjustments, and shield yourself from potential retaliation.
Taking Action: Filing an Equal Pay Act Claim
If you believe you are a victim of wage discrimination, it is important that you take the following steps to support your discrimination claim.
- Consult with an Attorney: It is always a good idea to get in touch with an employment attorney. Wherever you are in the process, an attorney can give valuable legal advice and provide insights as to how to proceed.
- Document the Discrepancy: Document the compensation disparity however you can. Keep records of your pay and your colleagues’ compensation, and save any relevant information supporting your claim, including but not limited to performance records, emails regarding compensation, and job descriptions.
- Contact HR: Discuss your concerns with your employer. They may be unaware of the wage discrepancy and could take internal steps to address the issue and make wage adjustments.
- File a Complaint: If the employer does not address the issue internally, file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC), adhering to their specific guidelines and deadlines.
- Pursue Legal Action: If your administrative claim remains unresolved, your attorney can help initiate a charge of discrimination against your employer, seeking compensation for the discrimination and potential damages, including back pay and other reimbursements. In order to prove that your employer has violated the California Equal Pay Act in court, you must be able to demonstrate that you are being paid less than an employee of a different sex, gender, race, or ethnicity who is performing similar work. If your employer cannot provide a legitimate legal reason for the pay gap, you will have proven your claim.
Note that claims under the Equal Pay Act have a time limit; the statute of limitations for a case under the EPA is two years from the date of the paycheck. If you have a wage claim under the Equal Pay Act, it is possible that you also have a discrimination claim under the federal Civil Rights Act or the California FEHA. The criteria to have discrimination claims under those laws are different from the criteria for the Equal Pay Act, but many situations qualify for more than one.
Reach Out to an Equal Pay Act Attorney Today
Despite state and federal laws prohibiting pay discrimination, wage inequality is common in the American workplace. If you are experiencing pay discrimination in the workplace and looking for legal representation by an equal pay attorney, reach out to Navruz Avloni for a confidential consultation today. Navruz Avloni and her team of legal experts are dedicated to fighting for employees who are being paid less than others performing substantially similar work based on their sex, race, or ethnicity.
