Can I Sue To Get Equal Pay?

Being paid less than a colleague for the same work isn’t just unfair — it could be illegal. Wage discrimination continues to impact countless employees, often hidden behind vague policies or unspoken bias. The law says your paycheck should reflect your work, not your gender, age, or background.  

If you suspect you’re earning less than your peers for substantially similar work, understanding equal pay laws is the first step toward protecting your rights and holding your employer accountable. For legal advice, reach out to an employment discrimination lawyer.

Understanding Wage Discrimination and Equal Pay Laws

Wage discrimination occurs when employees who perform substantially the same work receive different compensation based on protected characteristics. Equal pay laws can be described as “equal pay for equal work.” Employees should receive equal compensation for jobs that require substantially the same skill, effort, and responsibility in similar working conditions.

Several federal laws protect employees from discrimination.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on race, color, sex (including sexual orientation and gender identity), religion, and national origin. It covers all aspects of employment, including compensation.

The Equal Pay Act of 1963

The Equal Pay Act (EPA) prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs requiring substantially equal skill, effort, and responsibility under similar working conditions.

The EPA applies to all areas of employment:

• Salary
• Overtime pay
• Bonuses
• Stock options
• Profit sharing
• Life insurance
• Vacation and holiday pay
• Cleaning or gasoline allowances
• Hotel accommodations
• Reimbursement for travel expenses
• Benefits

The U.S. Equal Employment Opportunity Commission (EEOC) is the agency that enforces Title VII and EPA protections.

The Lilly Ledbetter Fair Pay Act of 2009

The Lilly Ledbetter Fair Pay Act of 2009 clarifies that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck.

It overturned the U.S. Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co., restoring the EEOC’s longstanding position that each paycheck delivering discriminatory compensation is a separate violation.

State Equal Pay Laws

In addition to federal laws, many states have their own anti-discrimination laws that equal or increase federal protections.

Legal Criteria for Filing an Equal Pay Lawsuit

Equal Pay Act claims must prove three elements:

1. The jobs being compared must be substantially similar to require the same skill, effort, and responsibility
2. The positions must have similar working conditions
3. The jobs must be at the same establishment

Defenses to Equal Pay Discrimination Claims

Employers accused of gender discrimination have several defenses available. Pay differences can be acceptable if they result from a seniority system that rewards employees based on how long they have been employed.

The company could use a merit system that rewards employees based on performance. Alternatively, it could be a system that rewards employees based on quantity or quality of production. The company must show that any legitimate factor other than sex and gender is used to determine compensation.

Gathering Evidence To Support Your Claim

Building a strong claim means having evidence to support a claim of unequal pay for substantially similar work.

Create a comprehensive record of your salary history, including pay stubs, bonus records, and anything else that can show a clear pay record. Then, create a pay record of your counterparts in similar positions. Having the same job titles is not enough. They need to have similar working conditions and responsibilities.

Remember, all information about a colleague’s compensation must be collected legally. Violating the law, privacy, or confidentiality agreements can create separate legal issues. Having these records helps to show the pay difference between employees.

Collect the job descriptions the company has for each position. This helps to establish that the same skills, knowledge, experience, and effort are required for the positions. This evidence can counter an argument that the employees have a pay gap because one position is more senior than the other. Gather official job descriptions, performance evaluations, and documentation outlining job duties and responsibilities.

Finally, internal company communications can provide valuable insight into the company’s operations. They could uncover a systemic issue of compensation discrimination. Look for upper management emails, chats, Zoom meeting recordings, company-recorded phone calls, or internal audits.

Legally Obtaining Evidence of Pay Discrimination

Hiring an employment attorney is a smart first step when pursuing a lawsuit under employment discrimination laws. A lawyer will know the laws governing how to collect evidence. They will also know the type of evidence that is most effective.

Some of the evidence needed will be publicly available. Information about an industry or position in general can help create a standardized benchmark. This information can be found in government or industry databases.

If you plan to collect personal information from fellow employees, request a release or disclosure document from them. This validates that they agree to share their private information and understand what they are providing it for. Discussing wages is protected under the National Labor Relations Act, which prohibits employers from retaliating against employees who engage in such discussions.

The discovery phase begins once the lawsuit is filed and the other party is served. Both parties’ attorneys will request relevant documents and information from each other. This is a formal process that requires the involved parties of the lawsuit to share information.

Steps To Take in Pursuing Legal Action

If someone suspects they are receiving lower wages based on discrimination, the first step is to contact their company’s human resources (HR) department. File an internal complaint with the HR department to initiate an internal investigation. This is an opportunity to discuss concerns and pay disparities. Keep all written communications with HR. Ask for a written explanation of compensation policies. Retain a record of HR’s response and any actions taken due to your inquiry.

If this doesn’t resolve the issue, follow the company’s grievance process to file a formal complaint. Review the employee handbook or HR policies to understand the grievance process. Submit a formal complaint as outlined in the procedures. Keep copies of all submitted documents and responses received.

When an internal complaint does not resolve the issue, it may be time to file a complaint with an external agency. One option is to file a discrimination complaint with the EEOC. Another option is to pursue a claim with the state’s labor agency or civil rights commission. You may be able to file dual complaints with the state agency and the EEOC.

When filing a federal or state complaint, be aware of the statute of limitations. This is the time limit to file the complaint. The deadlines vary, so it’s crucial to not delay. For example, the EPA has a statute of limitations of two years from the date of the alleged unlawful compensation. However, the time limit increases to three years for willful violations. In comparison, Title VII claims have a statute of limitations of 180 days from the date of the discriminatory act or 300 days if a state or local agency enforces a law prohibiting discrimination on the same basis.

Potential Outcomes and Remedies

When a lawsuit is filed, several outcomes can result. First, the claim may be settled before it goes to trial, which happens for a majority of claims filed with the court.

If settlement fails and the parties go to trial, there are multiple possible outcomes. The court could determine that no discrimination took place and rule in favor of the employer. In contrast, the court could rule in favor of the claimant and award damages. A judge is limited to follow the law and precedent set by previous cases. Trials can be lengthy and costly, with outcomes dependent on the strength of evidence and legal arguments.

Successful claims have several possible remedies. The most common is being awarded compensation owed. Compensatory and punitive damages are possible remedies under state law. Compensatory damages include out-of-pocket expenses, calculable financial loss, and emotional harm. Punitive damages are similar to Liquidated damages, as they are a payment meant to punish the employer for reckless indifference or egregious behavior.

Victims may also be able to recover reasonable attorney’s fees and litigation costs. This ensures that victims who may lack the financial resources to pursue a viable claim are not barred simply because they cannot afford a lawyer.

In some situations, an individual may want to ask for injunctive relief. They will ask the court to issue an order to require the employer to take a specific action. The goal is to correct past injustices and prevent future discriminatory actions.

• Make policy changes
• Reinstate employees
• Promote employees

Seeking Legal Advice and Representation

Equal pay laws exist to prevent employers from compensating employees unfairly based on sex, race, or other protected traits. Recognizing the signs of wage discrimination, documenting discrepancies, and understanding which laws apply are crucial first steps. These cases can be fact-intensive and legally nuanced. An employment law attorney can help clarify your options and guide you through the process with confidence.

Visit the Super Lawyers directory to find an employment lawyer who can help you with your equal pay claim.