Pay disparity often signals sex discrimination, especially when employees of different genders perform similar work but receive different pay. In Indiana, both state and federal laws prohibit pay discrimination based on gender. If you notice a pay disparity at your workplace, understanding how it might indicate sex discrimination is important so you can take appropriate steps.
Identifying pay disparity in the workplace
The first step is spotting pay disparity. If you perform similar work to a colleague of a different gender and receive lower pay, this could suggest discrimination. Employers might attempt to explain pay differences with factors like experience or performance, but these explanations can sometimes conceal gender bias, especially when they lack solid evidence. It’s important to consider whether the differences in qualifications, experience, and job performance are truly justifiable.
Indiana law prohibits pay disparity based solely on gender. If a male coworker performs the same work and earns more, you might have a case for sex discrimination, especially if there are no other non-gender-related reasons for the pay gap.
What evidence is needed for a pay disparity claim?
Gather solid evidence to support your claim, such as pay stubs, job descriptions, and performance reviews. Compare your pay with coworkers in similar roles. If your qualifications and performance match but your pay is lower, you can strengthen your case for sex discrimination. Additionally, documenting any conversations with management about salary can further help show that gender was the determining factor for pay differences.
Legal protections against pay disparity
Federal laws like the Equal Pay Act and Title VII of the Civil Rights Act, along with Indiana state laws, protect you from pay discrimination based on gender. If your employer violates these laws, you may qualify for back pay or other remedies. Taking action can ensure that employers follow the law and offer fair compensation to all employees regardless of gender.
You can file complaints with the EEOC or the Indiana Civil Rights Commission to investigate your claim and take steps toward resolving the issue.