Federal and California State laws prohibit pay discrimination and require that individuals be paid equally for “substantially similar” work regardless of their sex, race, or ethnicity. However, despite legal protections, wage inequality is common in the American workplace. Equal pay attorneys can use their expertise to help you navigate your pay discrimination claims and fight for the compensation that you are entitled to.
Wage inequality is a systemic problem; across the board, people of color and women make less than their white and male counterparts. Recent US Census data shows that, on average, women make only 83% of what men make for similar work. The wage gap is exacerbated for non-white workers. Within the larger systemic picture, any individual can be a victim of wage discrimination. If you are receiving less compensation than your colleagues performing similar work due to your race or gender, you may be a victim of pay discrimination.
What Laws Protect Against Pay Discrimination?
The Federal Civil Rights Act (CRA) and the California Fair Employment and Housing ACT (FEHA) protect individuals from discrimination at work, including but not limited to pay discrimination. The Federal Equal Pay Act, the Fair Pay Act, and the California Equal Pay Act provide specific additional protection against wage discrimination.
The Federal Equal Pay Act and the California Equal Pay Act both apply to workers in California, but the California Equal Pay Act offers broader protections than the Federal Equal Pay Act. The Federal Equal Pay Act prohibits sex-based wage discrimination, requiring employers to compensate men and women equally for “substantially similar” work. The California Equal Pay Act extends protections to prohibit wage discrimination on the basis of gender, race, and or ethnicity, requiring employers to compensate men and women of all racial and ethnic backgrounds equally for “substantially similar” work. Under the law, substantially similar work is considered to be work that requires an equal level of skill, effort, responsibility, and that is performed under similar working conditions. Work can legally qualify as “substantially similar,” even if employees performing the work hold different job titles. Under both the Federal and California Equal Pay Acts, compensation includes wages, bonuses, stock options, insurance coverage, and other relevant benefits.
There are legitimate reasons that employees performing “substantially similar” work would be paid at different rates. For example, employers are allowed to pay employees at different rates due to differences in seniority, merit, quality and quantity of work, and prior experience. The Federal and California Equal Pay Acts specifically prohibit employers from paying employees at different rates because of differences in gender, race, and ethnicity.
How Can You Prove Pay Discrimination?
If you are receiving different compensation from your coworkers, you may have a legitimate pay discrimination claim. In order to prove that your employer has violated the Equal Pay Act, you must demonstrate that you are being compensated differently from your similarly situated coworker 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 (i.e., a difference in work quality, prior work experience, tenure at a company), you will have proven your claim.
Gather and save documentation to support your claims. You will need to provide evidence of your own compensation and performance; save your pay stubs, collect documents relating to your work product, including but not limited to performance reviews and job descriptions, save communications relating to wages and compensation, and find other employees who might provide witness statements. Gather and save any evidence you can of your coworkers’ compensation, of their similar job performance and work experience, and try to obtain company records demonstrating the salaries of employees in similar positions.
While it might be easy to identify pay discrimination, proving pay discrimination is challenging. An Equal Pay Attorney can assist.
How Can an Equal Pay Attorney Help?
If you are receiving unequal pay when compared to your similarly situated coworkers who are performing substantially similar work, you may have legal claims and may be entitled to monetary damages, including back pay, interest, liquidated damages, punitive damages, compensatory damages, and attorneys’ fees.
In order to prove your case, win the damages that you are owed, and fight for wage justice, an attorney specializing in equal pay issues will be able to help you organize and prove your claims, and bring your case to court promptly.
You must file your claims within two years of the pay violation. The pay violation is considered to be the date that you received the discriminatory paycheck that is in violation of the Equal Pay Act. You may file claims with the Labor Commissioner or as a civil action in state or federal court. You also have the option to file claims with the Federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). In the complex legal landscape, an Equal Pay Attorney will be able to assist you in choosing when, where, and how to file your claims.
How to Find and Choose the Right Equal Pay Attorney?
Finding the right attorney can be challenging. You may find an attorney through a recommendation, a referral service, or a Google search. You should plan on contacting multiple attorneys to compare and contrast your options and to find the best fit.
- Speak to your trusted friends, family members, and other acquaintances to see if anyone has dealt with a similar issue and has a personal recommendation regarding a lawyer or law firm. A personal recommendation may go a long way in finding an attorney that you can trust.
- A lawyer referral service can direct you to legitimate lawyers in your area specializing in wage discrimination and employment law. The American Bar Association (ABA) and the California Bar Association both have online portals that allow you to search for attorneys based on area of expertise and location. Additionally, the National Employment Law Association (NELA) and the California Employment Law Association (CELA) have attorney lists.
- You may choose to find an attorney by doing a Google search including your location and issue area, for example, “California wage discrimination lawyer.” When reaching out to attorneys found on Google, take the time to read reviews and client testimonials.
When selecting an equal pay attorney, consider their trustworthiness and reliability, their expertise and experience, and their fee structure.
- Your attorney will be helping you solve intimate problems in your life. It is important that you feel comfortable enough with your attorney to truthfully tell them all of the facts and details that pertain to the discriminatory conduct, and trust them to handle this information and represent you responsibly. Make sure that your attorney is responsive to you and that you feel heard and understood when speaking with your attorney.
- It is important that you select an attorney who has experience representing clients who have had similar claims. Different areas of law require varying sets of knowledge and experience; when searching for an attorney to handle your wage discrimination case, look for an attorney who has a track record of winning discrimination cases on behalf of former clients.
- When hiring legal representation, it is important to understand the cost-benefit. Your attorney can advise you about the damages you might be able to recover, along with what fees they may charge you. In some states, including California, you may be able to recover your legal costs if you prevail in your case. Be sure to understand the attorney fee structure, what their flat fees are, and what they may charge you. Some attorneys may also offer a contingency fee, meaning that they will only recover if you prevail in your case.
Reach Out Today
Pay discrimination disputes can be extremely complicated; working with an employment law attorney with expertise in issues of pay discrimination is essential when navigating a pay discrimination dispute. Navruz Avloni is an experienced attorney with a proven track record of success representing clients in pay discrimination cases throughout California. If you have questions about your compensation or are experiencing discrimination at work, please reach out today for a free consultation. The attorneys at Avloni Law are here to help.
