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Discrimination & Harassment

Equal Pay Discrimination

Women in the United States earn approximately eighty cents for every dollar earned by men. Our pay equity attorneys help women fight for fair pay for equal work.

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Equal Pay Discrimination Details

Employers cannot discriminate against female workers by paying them less wages than their male counterparts who work in the same establishment performing similar work. Your job need not be identical to your male colleague for you to qualify for equal pay, but your job must be substantially equal and require similar skill, effort, and responsibilities. An employer can avoid a finding of pay discrimination if it can prove that the unequal pay is the result of seniority, merit, performance-based pay, or some legitimate reason other than sex. Our qualified pay equity lawyers can assess whether your job is legally similar to your higher-paid male comparator and whether the pay differential could be considered excusable under a legitimate defense.

Certain state laws may provide additional pay equity protections. For example, California’s Fair Pay Act requires employers to pay equal wages for “substantially similar work,” and California has created narrower excuses that employers may use to justify differences in pay. California law also prohibits pay discrimination on the basis of race or ethnicity.

Examples of Potential Pay Discrimination

  • Your employer hires a man to work alongside you in the same position and you learn he negotiated a higher salary for performing similar work.
  • You learn that your less senior male colleague earns more because of differing market conditions at the time he was hired.
  • Your male coworker receives a higher base salary for performing the same work, and when you raise the issue, you are told this is because you tend to earn more in incentive pay.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.

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