Finding out that a colleague earns more for the same work can feel deeply unfair. Federal law may protect you.The Equal Pay Act bars sex-based wage disparities when employees perform essentially equivalent work in similar workplace conditions, considering the skills required, the effort involved and the level of responsibility.
What federal law requires from employers
The Equal Pay Act generally applies to employees at the same workplace. The jobs do not need identical titles or duties. What matters is whether the actual responsibilities are equal. Employers cannot avoid the law simply by giving similar roles different titles.
When may pay differences be lawful?
The Equal Pay Act allows four defenses to a pay difference: length of service, performance-based pay, measurable differences in work output or quality or another factor unrelated to sex. The employer must show that one of these explanations applies.
Whether a reason justifies a pay gap depends on the facts of your situation.
Title VII also prohibits sex discrimination in pay. It may apply even when the jobs are not substantially equal. Indiana law also addresses sex-based pay differences and your options may depend on the circumstances. These gender discrimination protections may offer another path forward.
What evidence may support a pay discrimination claim?
Keeping records can help you spot and document a pay disparity. Consider saving:
- Job descriptions: Look at the skills, duties and responsibilities required for each role.
- Performance reviews: Keep evaluations that show your work and results.
- Pay information: Record any compensation details you can lawfully access.
- Workplace communications: Save messages about pay decisions or policies.
Do not take private company records or a coworker’s personal information without permission. Good performance alone does not prove pay discrimination. But it can support your case when combined with proof of equal work and unequal pay.
What can you do about a possible pay disparity?
If you think your pay reflects sex discrimination, review the records you have and consider your options. A qualified employment attorney can review your situation, explain your rights and outline possible next steps. Filing deadlines vary by law, so seek legal advice as soon as you can.