In order to prove wage discrimination
What qualifies as pay discrimination?
Under the law,
your employer must pay you the same as a coworker of the opposite sex
, or of a different race or ethnicity, if they are doing work that is “substantially similar” to yours.
What proof do I need for discrimination?
This requires a plaintiff to first establish a prima facie case of employment discrimination by demonstrating that she: (1) is a member of
a protected class
; (2) met her employer’s legitimate job performance expectations; (3) suffered an adverse employment action; and (4) another similarly situated employee outside of …
Is it illegal to pay different wages for the same job?
The amended Equal Pay Act
What can I do about pay discrimination?
File a complaint with a government agency or a lawsuit in court
. If you reported the pay discrimination to your employer and they have not fixed it, or if you choose not to pursue the matter internally, you can file a complaint with the EEOC or your state’s enforcement agency. (File a complaint in California.)
What are the odds of winning a discrimination case?
In 2009, the Harvard Law and Policy Review published an article about those odds, “Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?” The authors found that employees won their lawsuits against their employers only
15% of the time
, whereas in non-employment law cases, plaintiffs won 51% of the …
How much can you win in a discrimination case?
According to EEOC data, the average out-of-court settlement for employment discrimination claims
is about $40,000
. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.
Can 2 employees doing the same job be paid differently?
Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. California law now
prohibits an employer from paying its employees less than employees of the opposite sex
, or of another race, or of another ethnicity for substantially similar work.
Can I sue for being underpaid?
Can You Sue a Company for Underpaying You?
Yes, you can sue for being underpaid
. First, you need to submit a claim through WHD (more on this below) and wait for WHD to investigate the claim. They will decide if the claim is valid and submit a legal order for your employer to pay what you are owed.
Can you sue for pay discrimination?
Can I sue for wage/pay discrimination?
You sure can
. Pay discrimination is hard to prove, but it can be done. There are legitimate reasons why you might be paid less than a counterpart at your job, and the employers who actually are discriminating will try to use these to justify the illegal practice.
How do I report unfair pay practices?
- Call the LETF Public hotline anytime: 855 297 5322.
- Complete the Online Form / Spanish Form.
- Email us at
[email protected]
What is illegal discrimination?
Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Can I be paid less for doing the same job?
Effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories. California law now
prohibits an employer from paying its employees less than employees of the opposite sex
, or of another race, or of another ethnicity for substantially similar work.
What happens if an employer is found guilty of discrimination?
If an employer is found guilty of an intentional act of discrimination or practices that have a discriminatory effect, an employee or potential
employee may be entitled to employment discrimination damages
. Damages may include awards such as back pay for lost wages or payment for pain and suffering.
How much can you sue for discrimination at work?
There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer: For
employers with 15-100 employees, the limit is $50,000
. For employers with 101-200 employees, the limit is $100,000.
How do you win a discrimination complaint?
- Hire a Qualified Attorney. EEOC complaints do not necessarily have to result in court cases.
- Maintain Composure. Mediators handle sensitive issues.
- Prepare Relevant Documentation.
- Consider Reaching Out to Coworkers.
- Be as Professional as Possible.
