You work just as hard as others, and they are paid more. Is that a violation of your rights? The Equal Pay Act is meant to ensure that some factors are not used to make decisions about how much a person is paid, including their sex, race, or ethnicity. If you can show that this is happening in your case, you can pursue legal action against the employer that is putting you in that position. If you have questions, call a San Francisco employment attorney from The Armstrong Law Firm.
Understanding the Equal Pay Act
A federal law, the Equal Pay Act, requires employers to pay men and women the same for equal work. The California version of this law expands that further, noting that it must pay men and women employees equally for work that is substantially similar. This means that if an employer wants to pay an employee who is female less than they would pay a male for the same work, they must demonstrate the reason for this. Typically, this means they must justify the disparity in one of the following ways:
- Demonstrate the existence of a merit system that measures earnings by quantity or quality
- Have a seniority system in play
- Have a system in place that is merit-based
- Have a bona fide factor that allows for this disparity that is not related to sex. This could include their experience, training, certifications, or training, for example.
How to Prove Your Claim of an Equal Pay Act Violation
You believe that a violation is occurring in your employment. To prove it, you need to consider the following:
- Show that you and your colleagues have positions that require the same level of skill or training that you both have
- Show that each position requires the same physical effort or mental effort
- Show that each position carries the same responsibility and accountability without difference (even if it is different types of work)
- Demonstrate that each position requires the employees to work in the same conditions or face the same types of hazards within the workplace
It is very hard to prove that the employer is using anything but legal methods to determine how much to pay someone. Yet, if you believe this applies in your case, you should seek out the guidance of a San Francisco discrimination lawyer who can help you build evidence of such. Your attorney may gather evidence in multiple ways, including:
- Gathering evidence from statements from others
- Documenting differences in pay
- Showing that the work is the same or that your experience is the same
- Showcasing that you may be doing a better job
- Demonstrating a history of discrimination within the company
As noted, these are challenging factors to prove, and often, it is best to work with an attorney who can guide you through the legal process. Keep in mind that as a victim, you should speak up. The right employment discrimination attorney can help you demonstrate exactly what is occurring and why it needs to change. Avoid taking action on your own, as that could lead to the loss of valuable evidence.