Employer wage discrimination occurs when a company pays its workers different amounts solely on the basis of protected characteristics, such as sex, religion, or national origin. Wage discrimination is illegal in California and across the United States. Despite this, it is still relatively common.
According to the Equal Employment Opportunity Commission, “Between FY 2017 and FY 2021, the EEOC recovered $65.3 million for individuals filing EPA charges and $159 million for individuals filing Title VII wage charges (see Figure 4). The EEOC recovered an additional $32.9 million in lawsuits including wage or compensation issues (under sex or any other basis) from FY 2017 through FY 2021.” Much of the wage discrimination that occurs goes unreported.
If you suspect that you’ve become the victim of wage discrimination, it is always wise to consider speaking with legal counsel. Our employment law attorneys at The Labor Champ can evaluate the unique facts of your case to let you know if you have an actionable claim. You can contact us anytime at 949-727-9300.
Wage Discrimination Is Not Just Based on Job Titles
California law prohibits employers from paying workers differently on the basis of certain characteristics. Even if two different workers have different job titles, this does not automatically mean that wage discrimination is not taking place. Courts will look into whether or not the workers perform substantially similar work. This may be the case if the workers:
- Use a similar set of skills during their course of employment.
- Perform similar daily tasks or carry similar responsibilities.
- Contribute to the business in a highly similar manner.
Under California Labor Code section 1197.5, “An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.” There are certain exceptions to consider if the wage differential is based on any type of merit system or seniority system.
Common Signs That Wage Discrimination Is Taking Place
Unlike many other forms of discrimination, wage discrimination may not always be obvious. This is due to several reasons. For another thing, most employees are not inclined to compare their paychecks with other coworkers. In fact, many employers strongly discourage this. However, California law protects workers who choose to discuss compensation. What follows are a few signs that wage discrimination is taking place.
- An employer may choose to retaliate if a worker begins to question pay discrepancies. Retaliation can come in the form of demotions or reduced hours.
- Workers with certain characteristics receive lower starting pay than other workers who are similarly qualified.
- Employers discourage employees from discussing wages with one another.
- Employers give vague explanations related to pay discrepancies between different workers.
The above signs do not automatically prove that discrimination is taking place. But they are important red flags to consider. In the event that pay discrepancies cannot be explained through merit, seniority, or other lawful considerations, discrimination may be involved. This is why it is important for victims to consider speaking with an attorney if they have potentially been harmed by wage discrimination.
Steps to Take After Wage Discrimination in California
Employees who suspect they have become the victims of wage discrimination should do their best to understand their rights. Demonstrating that wage discrimination has taken place will often come down to comparing the job duties of different workers and evaluating any potential employer explanations. What follows are a few measures that workers can take to help preserve important pieces of evidence and protect their legal rights related to any wage discrimination claim.
- Workers should save all of their pay stubs and offer letters.
- Workers should collect all of their performance reviews and commission agreements.
- Workers should compare their job duties and responsibilities with any workers that may be receiving higher compensation.
- Workers should request written explanations from management.
- Workers should consider their legal options with an experienced employment law attorney.
Wage discrimination can affect every part of a person’s life. This is particularly true if a person has been in the same job for many years or decades. Unfortunately, many employers are not interested in following employment laws related to wage discrimination. In fact, 99 Ranch Market has become embroiled in a federal lawsuit for allegedly systemically paying its Chinese employees more than its non-Chinese workers.
Getting Legal Help After Wage Discrimination in California
The Labor Champ remains committed to standing up for workers and ensuring that employers are held accountable for wage discrimination and other employment law violations. Our legal team has decades of experience helping workers get the compensation and justice that they are owed under the law. You can rest assured that we will fight to protect your rights and make sure your best interests are always taken into consideration.
Are you concerned you may be the victim of wage discrimination in California? Are you worried that your employer may retaliate against you? You may be entitled to significant financial compensation. Our team of experienced employment law attorneys is here to support you. We care deeply that workers get the support and justice that they are entitled to under state and federal law. You are always welcome to reach out to us anytime for a risk-free consultation at 949-727-9300.
