Chat with us, powered by LiveChat
Default Image

Wage Inequality Due to Gender

Free Case Review
Footer Contact Form
  • icon

    The Fee Is Free Unless You Win.

  • Top Rated Employment Law Firm

  • icon

    Protecting Families Since 1995

  • icon

    $400 Million Won

TABLE OF CONTENTS

Employee Compensation Based on Gender Violated Discrimination and Wage and Hour Laws.

Men and women deserve the same pay for the same work. Wage inequality due to gender is a violation of federal law.

Not only is it illegal, but it is also unethical. If your employer pays you less than your male counterpart, you have the right to seek justice.

You need an equal pay attorney that can guide you through the legal process towards the compensation you deserve.

 

What Is Wage Inequality Based on Gender?

Wage inequality based on gender occurs when one gender makes more than another for no other reason than gender. This phenomenon is the reason for the gender wage gap.

Wage Inequality for Female Employees

Usually, wage inequality based on gender targets women. Typically, female workers make lower wages than their male counterparts. However, in some cases, wage inequality based on gender can relate to men.

Wage Inequality for Male Employees

When a man works in a predominantly female industry or workplace, employers may deny men clothing allowances or other benefits offered to female coworkers. They may pay their male employees less than their female employees. This behavior is also wage inequality based on gender.

What is the Gender Pay Gap?

The gender pay gap, also known as the gender wage gap, is wage inequality based solely on gender. The gender pay gap demonstrates the difference between women’s wages and men’s wages. Under the gender pay gap, women earn significantly less than their male counterparts, on average. This wage gap occurs across all industries and all types of employment. As of a 2019 ADP study of over 30,000 employees, women make 79% of what men earn for the same or similar job on average

Wage inequality is more than weekly earnings. Some examples of wage inequality based on gender include:

  • You make less money than your male counterpart. You both started at the same time, have the same qualifications, and complete the same work for the company.
  • You were denied health insurance coverage for your spouse. Your employer offered your male counterpart health insurance coverage for his spouse. Your employer assumed your husband works and has his own insurance coverage.
  • Your employer consistently assigns you less successful territories for sales calls while assigning the male employees qualified successful territories. As a result, the male employees in the company earn higher commissions.
  • Your employer provides a travel allowance to the men in the company of over $1,300 a month. However, women do not receive any travel allowance, even though they travel as often as their male counterparts.
  • You worked for a company for 20 years and worked your way to a corporate level position. A male is hired in another corporate level position immediately after you begin your new position. His starting salary is exponentially higher than yours. You both work in the same leveled position in different departments.
  • You work for a woman-owned company. Part of your job requires you to wear designer suits made by your clients. The women in your company receive a monthly clothing allowance to afford these suits and dresses. You request a monthly clothing allowance. Your employer tells you that men do not need the allowance and can afford the few suits they need to purchase.

You have a right to request equal pay to your male or female counterparts. If you get fired from work as a result, you may have a claim for retaliation through wrongful termination. Retaliation occurs when your employer punishes you for exercising your rights to request equal pay or complaining that your wages fall into the gender wage gap because your compensation is less than your male or female counterparts.

The Equal Pay Act (EPA) deals explicitly with wage inequality based on gender. Under the Equal Pay Act, it is illegal to pay men and women different wages for the same or similar jobs.

Title VII of the Civil Rights Act may also protect men and women from wage inequality based on gender. Under Title VII, gender discrimination provisions prohibit employers from making any employment decisions based on gender, including compensation.

Claims for gender discrimination under Title VII are filed with the Equal Employment Opportunity Commission (EEOC). However, if you file your claim under the Equal Pay Act, you can file your claim directly in federal court. To determine what laws best suit your claim for wage inequality, consult with an experienced employment lawyer.

Claims for gender discrimination under Title VII are filed with the Equal Employment Opportunity Commission (EEOC). However, if you file your claim under the Equal Pay Act, you can file your claim directly in federal court.

To determine what laws best suit your claim for wage inequality, consult with an experienced employment lawyer.

The Equal Pay Act provides a time limit of two years from the date of the last unequal paycheck to file your complaint. If your employer willfully violated the law, the statute of limitations becomes three years.

Every time a paycheck is issued in violation of the law, the statute of limitations starts again. Therefore, your time limit does not begin until the problem is corrected or you no longer work for the employer.

Title VII Statute of Limitations

To file a claim under Title VII, the EEOC requires you to file your claim within 180 days. If your state has laws prohibiting gender discrimination at work, the EEOC statute of limitations gets extended to 300 days.

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

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

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

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

Jessica Gonzalez

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

Corey Kientz

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

search Free Consultation 800 807 2209

How Do You Prove Wage Inequality Based on Gender?

Three categories of evidence exist to prove wage inequality based on gender.

Direct Evidence. Direct evidence is written or verbal communication. The communication typically states the reason for your salary relates directly to your gender.

It may not be blatantly stated. Instead, it may say something like, “She is a higher risk because she may leave to have children. Let’s set her pay to begin on the Schedule B scale.” Male coworkers in your position begin on the Schedule A scale.

Disparate Evidence. Disparate evidence is the more common evidence. This evidence is based on events and circumstances. You must show the following:

  • You and your male coworker perform substantially the same work.
  • You and your male coworker started around the same time.
  • You and your male coworker have substantially similar qualifications.
  • You make less money (through salary, benefits, and allowances) than your male coworker.

Policy Evidence. Sometimes a policy is discriminatory. If a policy insists women do not receive spousal health benefits, weekly allowances, or are high risk and should be paid at a lower amount until they have reached a year with the company, they violate wage and hour laws. These policies support your wage inequality based on gender claims

What Remedies Are Available to Victims of Wage Inequality Due to Gender?

If your employer commits violations of wage inequality due to gender, you have the right to request compensation. You may request your employer reinstate your employment or pay you as much as your counterparts of the opposite sex. You may also request your employer pay lost wages, emotional distress, and pain and suffering. Speak with your wage and hour attorney to determine the best remedies to request for your case.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

How Can a Wage and Hour Lawyer Help Your Gender Wage Gap Claim?

Wage and hour laws can get complex. A qualified wage and hour lawyer can help you determine the best laws to use to file your gender wage gap claim. They can help you file your claim within the provided statute of limitations.

Your employment lawyer can help you get the compensation you deserve instead of the discriminatory compensation you received. They can negotiate with your employer to attempt to settle your claim as quickly as possible. And if your employer refuses to settle your claim, they will stand by your side to advocate for your rights in court.

Our Wage and Hour Lawyers Are Ready for You Call

You have the right to be paid the same as any other coworker in your workplace. Any wage inequalities due to gender are a violation of federal law. If you are a victim of wage and hour violations, the dedicated wage and hour attorneys at the Derek Smith Law Group can help.

Does Your Employer Pay You Less than Your Male Counterparts at Work? Are Your Wages Based on Gender? Please Call Us at 800.807.2209 to Learn More About Your Rights.

Our Attorneys

Derek Smith of Derek Smith Law Group, PLLC - Sexual Harassment & Discrimination Attorney.

Derek Smith

Managing Partner
View Full Profile

Caroline H. Miller

Managing Attorney
View Full Profile
Christopher J. DelGaizo

Christopher J. DelGaizo

Attorney
View Full Profile
Attorney Zachary Holzberg

Zack Holzberg

Managing Partner
View Full Profile

Serving Major Cities Across the United States

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.

New York City
New Jersey
Philadelphia
Miami
Los Angeles
San Francisco
San Diego
Washington DC

Related Blogs

Close