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 EmployeesUsually, 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 EmployeesWhen 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?
What Are Examples of Wage Inequality Due to Gender?
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.
Can You Get Fired from Work for Requesting Equal Pay?
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.
What Laws Protect You from Wage Inequality Due to Gender?
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.
How Can You File a Claim for Wage Inequality Due to Gender?
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.
What Is the Statute of Limitations to File a Complaint about Wage Inequality Due to Gender?
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.
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.
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.