Wage discrimination has been a persistent problem for decades, with women receiving lower pay than their male counterparts for the same work. The Equal Pay Act (EPA) was enacted in 1963 to address this disparity. However, wage discrimination based on gender is pervasive in workplaces around the country. If you believe your employer has violated your rights under the EPA, Solomon Law is here to help you shatter the glass ceiling.
When you meet with us, you will work directly with an experienced salary discrimination attorney. We will craft the best possible litigation strategy, uniquely designed to attack your employer’s history of gender-based salary discrimination and maximize your recovery for the professional harm suffered.
Solomon Law represents clients nationwide in high-stakes employment disputes and has a proven track record of success in arbitration and court proceedings. Contact our office today to discuss your case in confidence.
What Is The Equal Pay Act?
The Equal Pay Act is a federal law that prohibits wage discrimination based on sex. The EPA requires employers to provide equal pay for employees who perform equal work in terms of skill, effort, and responsibility, regardless of gender. This means that employers cannot pay women less than men for the same job, or vice versa. The law applies to all employers covered by the Fair Labor Standards Act (FLSA), which includes most businesses with two or more employees. The federal statute is considered the floor of protections afforded. Depending on your workplace location, additional protections may be available at the state and local levels.
Who Is Covered By The Equal Pay Act?
The Equal Pay Act applies to all employees, regardless of gender, who perform substantially similar work in terms of skill, effort, and responsibility within the same establishment. “Establishment” refers to a physical location where the work is performed, such as a store or factory. If a company has multiple locations, the law would apply to each location separately.
There are exceptions to the EPA. The law does not apply to employers with fewer than two employees, or certain types of jobs, such as executive, administrative, and professional positions. Additionally, the EPA does not apply to wage differentials based on factors other than sex, such as:
- Education
- Training
- Experience
- Seniority
Despite these limitations, the EPA provides an important tool for addressing gender-based wage discrimination in the workplace. Well-versed in the Equal Pay Act, our experienced Washington D.C. employment lawyers are here to help you assert your rights.
Legal Remedies Under the Equal Pay Act
If you believe you have been the victim of wage discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a lawsuit in court. You may be entitled to back pay, damages, and attorneys’ fees. However, you must prove certain elements to have a successful claim:
- Your employer pays different wages to employees of the opposite sex for equal work. The EPA defines “equal work” as work that (1) requires the same skill, effort, and responsibility and (2) is performed under similar working conditions.
- The pay disparity is not based on any legitimate factor other than sex. For example, an employer cannot pay a male employee more than a female employee for the same work simply because the male employee negotiated a higher salary. Instead, the employer must prove that the pay difference is due to seniority, merit, or education.
- The pay disparity has resulted in damages. Under the EPA, damages may include back pay (the difference between the wages you received and the wages you should have earned) and liquidated damages (losses caused by the pay disparity).
Given the challenges of proving wage discrimination under the Equal Pay Act, having informed representation is essential to setting your case up for success.
Legal Protections Against Wage Discrimination Under The Lilly Ledbetter Fair Pay Act
The Lilly Ledbetter Fair Pay Act of 2009 is a landmark legislation in the fight against wage discrimination in the U.S. This law reset the statute of limitations for filing an equal pay lawsuit with each new paycheck that is affected by a discriminatory decision. Prior to this legislation, the clock on the statute of limitations started ticking from the date of the initial discriminatory wage decision, often leaving victims unaware of the discrimination until it was too late to sue.
Under the provisions of the Lilly Ledbetter Fair Pay Act, employees now have a renewed opportunity to challenge ongoing pay discrimination, as each paycheck reflecting a discriminatory pay rate can be considered a new violation.
This means that as long as workers file their claims within 180 days (or 300 days in jurisdictions with state or local agencies that enforce laws prohibiting employment discrimination) of a discriminatory paycheck, they can seek redress. Remedies available under the Act include back pay, reinstatement, promotion, and any other lost benefits, ensuring that victims of pay discrimination have a meaningful chance at justice
Other Federal and State Laws That Prohibit Wage Discrimination
The EPA only addresses wage discrimination based on sex. However, other federal laws, such as Title VII of the Civil Rights Act of 1964 (Title VII), prohibit discrimination based on gender or other protected characteristics (e.g. race, color, religion, national origin, and sexual orientation).
Further, the Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals 40 or older, and the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in employment. These laws provide additional protections against wage discrimination and other forms of employment discrimination.
Federal Laws are not the only protections afforded to employees who experience pay discrimination. State and local laws also provide protection against salary discrimination. Often, state and local laws provide more protections and provide for more financial recovery, verdicts, and settlements than federal law.
Washington D.C. Human Rights Act
The Washington D.C. Human Rights prohibits pay discrimination based on several protected characteristics and requires employers located in Washington to provide equal pay to employees who perform substantially similar work, regardless of their gender or any other protected characteristic.
An employee who believes they have experienced pay discrimination under this Act has the right to file a complaint with the District of Columbia Office of Human Rights (OHR). The OHR investigates such complaints and takes appropriate actions to remedy pay discrimination if the agency finds it has occurred.
New York State Human Rights Law
The New York State Human Rights Law (NYSHRL) provides strong protections against pay discrimination in the state. The law prohibits pay disparities based on various protected characteristics and requires employers to provide equal pay to employees who perform substantially similar work, regardless of their gender or any other protected characteristic. The NYSHRL also makes it unlawful for employers to retaliate against employees who assert their rights under the law or participate in investigations related to pay discrimination.
Why Solomon Law?
If you suspect you have been the victim of wage discrimination, we will help you navigate the legal system and protect your rights. Our capable Equal Pay Act attorney will evaluate your case and advise you on the best course of action. You can depend on our legal team to handle all the details, including:
- Gathering evidence to support your claims – employment records, pay stubs, and witness statements
- Identifying and interviewing potential witnesses who can provide testimony to support your claim
- Negotiating a settlement that provides you with the appropriate compensation
If your employer is unwilling to negotiate, we can help you file a lawsuit in federal court and protect your rights throughout the legal process. You can depend on us to provide results-oriented representation to help you shatter the glass ceiling and obtain the compensation you deserve.
Talk To An Experienced Washington D.C. Equal Pay Act Attorney Today
While the Equal Pay Act has been in effect for 60 years, wage discrimination is still a problem in many workplaces. If you believe you have been the victim of wage discrimination, Solomon Law can help you navigate the legal system and fight for your right to fairness and justice. Contact our office today to get started.