How Do You Prove Wage Discrimination?

In order to prove wage discrimination under the Equal Pay Act

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.

Can I sue for pay discrimination?

Sue (file a lawsuit against ) your employer for pay discrimination. Under the federal Equal Pay Act and the California Fair Pay Act, you can go straight to court. You are not required to first file a charge with a government agency.

Can I sue my employer for unfair wages?

When an employer fails to follow California wage and hour laws, you may be able to recover the unpaid wages through filing a wage claim with the labor commissioner or filing a lawsuit against your employer. Lawsuits against employers for California labor law violations may include: ... Late payment of wages.

What can I do about unequal pay?

1. Conduct a pay audit. Awareness is the first step to solving a problem. ...
2. Ensure that hiring and promotions are fair. ...
3. Make sure women have equal opportunities for advancement. ...
4. Make it a norm for women to negotiate.

How much is the average discrimination lawsuit?

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. Of these, employees lost at least half of all cases.

Is it legal to pay someone less for doing the same job?

The Equal Pay Act doesn’t allow your employer to pay you less than a coworker doing a similar job. Congress passed the EPA in 1963, mostly to ensure that women earn the same pay rates as men doing similar work. However, the law protects both genders.

What are my rights if my employer doesn’t pay me?

When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer . To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state’s labor department.

Can I sue my employer for emotional distress?

If you suffered emotional distress as a result of job stress or because your employer or coworkers acted negligently or intentionally, you may be able to sue them to seek compensation for your damages . ... The employer knew or should have known about the harmful conduct that caused emotional distress.

How late can an employer pay you?

When it comes to payment for a final paycheck, California law says that payment must occur: on the same day as the employee’s final day of work if he/she is fired or laid off, or. within 72 hours of the employee giving notice of terminating the employment relationship.

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.

How can wage discrimination be fixed?

1. Step 1: Understand the Laws. ...
2. Step 2: Institute a Policy Prohibiting Wage Discrimination. ...
3. Step 3: Make Decisions Based on Skill and Performance. ...
4. Step 4: Train Supervisors and Managers to Avoid Wage Discrimination.

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 ...

What is a reasonable settlement offer for discrimination?

At the federal level, the court can award up to: $50,000 to an employee if the employer has between 15 and 100 employees; $100,000 if the employer has 101 to 200 employees; $200,000 if the employer has 201 to 500 employees; and.

Is it worth it to sue your employer?

If you sue your employer, it won’t be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don’t have a valid legal claim against your employer, then you will ultimately lose your case . One big reason to think twice before you sue.

Why do new hires get paid more?

Wage compression can occur when a company has a history of infrequent raises or salary increases. It may also occur if a change in leadership, structure or market calls for the company to entice new talent by using higher wages or higher total compensation packages.