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If you are an employee or job applicant in Philadelphia, you are working to receive compensation. It is reasonable to believe that you and your co-worker are receiving equal pay for equal work. However, when you are not receiving equal pay and there is not a legal reason, your employer is in violation of state and federal laws. Equal pay violations are illegal, unethical, and discriminatory. For the past 25 years, the experienced attorneys at the Derek Smith Law Group have helped people, just like you, get the proper compensation they deserve.
Most times people working the same job or substantially the same job have the right to receive the same pay rate. When this doesn’t happen there must be a lawful reason. Otherwise, the difference in compensation may be based on discrimination. An employer may not make any compensation decision based on:
These are known as protected classes under the law and cannot be the basis for equal pay violations.
Title VII of the Civil Rights Act of 1963 protects employees and job applicants in firms with 15 or more people from discrimination. This includes unequal compensation based on protected class status.
The Age Discrimination in Employment Act (ADEA) protects employees and job applicants in companies with 20 or more employees from discrimination based on age if you are over 40, including compensation discrimination.
The Americans with Disabilities Act (ADA) protects employees and job applicants in companies with 15 or more employees from discrimination based on disabilities, including equal pay violations.
The Equal Pay Act of 1963 (EPA) prohibits employers with 15 or more employees from using sex or gender as the basis to determine an employee’s or job applicant’s pay rate.
The Lilly Ledbetter Fair Pay Act of 2009 came from a Supreme Court decision and extends the statute of limitations for unequal pay violations every time a paycheck is issued with the discriminatory pay amount.
Pennsylvania’s Equal Pay Law prohibits all employers in Pennsylvania from providing unequal pay to men or women because of gender.
The Pennsylvania Human Relations Act and the Philadelphia Fair Practices Ordinance protects employees or job applicants in companies with 4 or more employees from receiving unequal compensation based on being a member of a protected class.
If you believe you are not receiving fair compensation for your work, you must present evidence of wage discrimination through direct evidence, disparate evidence, or policy evidence.
In certain instances, unequal pay is legal.
These instances include:
Compensation is much more than wages. It is vacation time, health insurance, sick time, and other benefits. Therefore, equal pay discrimination is more than just not receiving the same wage for the same job. Here are some examples of wage discrimination in Philadelphia:
Title VII, ADEA, and ADA claims all must be filed with the Equal Employment Opportunity Commission (EEOC). The EEOC provides a time limit of 300 days for these claims to be filed in Philadelphia. The EEOC will then investigate the claims and issue a Right to Sue Letter to allow you to file a complaint in the federal court within 90 days.
EPA claims can be filed directly with the court, instead of through the EEOC, within 180 days of the last incident. However, under the Lilly Ledbetter Fair Pay Act, the 180 renews every time a new payroll check is issued under the discriminatory wages.
Claims filed under the Pennsylvania and Philadelphia laws must be filed within 1 year of the last incident of wage discrimination.
When you bring a case to the courts for wage discrimination in Philadelphia, it makes sense to look for relief. The courts have several remedies available, including, but not limited to:
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
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Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
When you file a lawsuit in Philadelphia, it can last anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement with you prior to going to trial, your case may settle in as little as 4 to 6 months. However, if your employer insists on going to trial, the case may take 8 months to a year or longer to settle. The trial may then last a few days to several weeks or more before a judgment is entered by the court.
Making the decision to file a lawsuit against your employer is never easy. However, as you contemplate your options, here are a few things you can do right now to help your case along.
You should never have to worry about whether you will be paid unfairly because of who you are or what you look like. If you are the victim of compensation discrimination in Philadelphia, the experienced lawyers at the Derek Smith Law Group (one of FindLaw’s top discrimination law firms) can help.
We have won over $165,000,000 for our clients and we want to help you.
Contact us today at (215) 391-4790 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.