If you suspect you’re being paid less than your coworkers for doing the same job because of your gender, race, or another protected characteristic, you might be facing wage discrimination. This is an illegal practice, but it does happen when an employer pays someone unequally for substantially similar work due to membership in a protected class. California’s labor laws, particularly the California Equal Pay Act (CEPA), are meant to stop this practice and give you options for fighting back. A Los Angeles, California, employment lawyer can help you determine if you’re being discriminated against and what to do if you are.
Wage Discrimination and How It’s Understood in California
Wage discrimination occurs when your employer pays you less than others for performing essentially the same job, and the reason for the difference in pay is that you’re part of a protected class. Under the California Equal Pay Act, employers cannot pay different wages to workers who perform substantially similar work when their skills, effort, and responsibility are all considered and when payment decisions are based on sex, race, or ethnicity. California’s laws are among the strongest in the nation and surpass even federal laws on this matter.
However, in addition to CEPA, there are also federal laws, like the Equal Pay Act of 1963 (EPA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) that all also provide remedies against wage discrimination. These laws cover additional protected classes, such as disability and age, and apply to many California employers.
Is It Wage Discrimination?
One of the most challenging aspects of a case like this is determining if it’s really wage discrimination. Wage discrimination can take many forms, and it’s not always obvious. You might notice it in your paycheck, yes, but it might be more subtle. The difference might be in your benefits or workplace policies. Consider some examples that can help you determine what’s going on.
Imagine you’re a female marketing manager earning a lower salary than a male colleague with the same experience and responsibilities. That’s a classic case of gender-based wage discrimination and fairly obvious. Slightly less obvious might be if you’re a non-binary worker and find that you’re being offered less paid time off than cisgendered people in your workplace. If you’re a man being offered less sick leave or aren’t eligible for bonuses that the women in the office are eligible for, that could be discrimination. If you’re being asked to contribute more to your retirement plan because you’re older than your colleagues, this is another possible example.
These examples show how discrimination can creep into all types of compensation, not just your salary. Your hourly wage must be the same as others performing similar tasks; benefits like retirement plans, life insurance, or employer-provided healthcare must also be equal; paid time off, including vacation, sick leave, and other PTO, must be consistent across workers in similar roles; even bonuses, overtime pay, stock options, and reimbursement for travel expenses or work-related costs must be offered fairly. If you notice discrepancies in any of these areas, you might have a wage discrimination claim.
How to Spot Wage Discrimination
Identifying wage discrimination starts with paying attention in your workplace. You might notice you’re earning less than a coworker in a similar role, or perhaps your benefits package seems to be missing things that others enjoy. In California, you have the right to discuss your wages and benefits with coworkers without fear of retaliation, and you should to ensure there are no disparities.
It’s not uncommon for employers to tell or at least suggest to employees that they aren’t allowed to discuss compensation and salary with other workers. Some even try to put it in contracts. But that’s simply not true, and such clauses are invalid. No workplace policy can override the law in this matter.
It’s also smart to keep an eye out for patterns, like being consistently passed over for bonuses or receiving less favorable terms for benefits. Document everything, from your pay stubs to your performance reviews, job duties, and any communications with your employer about pay. Take all this to your lawyer to discuss.
What Can You Do About Wage Discrimination?
If you believe your employer is paying you less because of your sex, race, ethnicity, or another protected characteristic, you have options to fight back. Here’s how you can take action:
Consult a Los Angeles Employment Lawyer
An experienced California employment lawyer familiar with both state and federal laws can evaluate your situation by reviewing your evidence, comparing your job duties to others, and determining if your employer is violating the law. Then, your lawyer will lay out all the options and you’ll talk through the best choice for your situation.
File a Claim or Lawsuit
You have two main options to address wage discrimination: file a wage claim with the California Labor Commissioner or pursue a lawsuit in court. A claim with the Labor Commissioner is usually a faster, less formal process that can recover your unpaid wages, overtime, or benefits. But if your case involves particularly significant losses or ongoing discrimination, a lawsuit might be the better route. Your lawyer can also send a demand letter to your employer informing them that you’re ready to proceed with a lawsuit, and this often leads employers to come to the bargaining table and settle things without having to go to court.
Beware of Retaliation
Your employer cannot make your job harder, cut your hours, pass you over for promotions you’re otherwise eligible for, or fire you because you’ve brought a claim for wage discrimination. If you have any reason to suspect retaliation, talk to your lawyer immediately about bringing a separate claim. Even if it’s eventually determined that there was no wage discrimination, your employer can’t retaliate against you for the complaint so long as it was made in good faith. “Good faith” simply means that you genuinely believed wage discrimination was occurring or might have been occurring, as opposed to bringing a claim just to cause trouble for your employer or get back at them for something.
Lawful and Unlawful Reasons You Might Be Paid Less Than Someone Else
As mentioned, you have to prove that you’re being paid less because of your membership in a protected class. But there are legitimate reasons you might be paid less than someone else. The law allows employers to pay more or less for the same work based on seniority, education or training, experience, merit, or the quality of production.
Unlawful reasons you might be paid less include not just the well-known ones protected by federal law, like sex, age, and disability, but some that are specially covered by California law. California law protects workers, for example, from discrimination based on gender identity or expression, sexual orientation, and immigration status.
Contact Our California Employment Law Attorneys
Contact the experience team of attorneys of Haig B. Kazandjian Lawyers APC today. We proudly serve clients across California. Visit us at our Glendale office at:
Haig B. Kazandjian Lawyers APC
801 N. Brand Blvd., Suite 1015,
Glendale, CA 91203
Phone: (818) 696 2306
