I suspect that at my second job, the men in our dept are getting better pay than the women. I cannot prove anything, although I do know that at least one of the men is getting paid more than I am.
He has been there 2 years. I have been there 5 years. We do pretty much the same work. I even helped in his training.
Is there a discrimination law/suit I can pursue over this? Would my lawyer be able to get the records needed? Is there something I can do about this now, besides asking for a raise?
2 Answers from Attorneys
It is unlawful to pay an employee less because of her gender. But, in order to have a discrimination lawsuit, you have to prove that you are being unlawfully discriminated against. Gather as much evidence as you can. Also, ask for a raise and advise that you believe you are being paid less because of your gender. If your employer does not provide a response as to the reason you are being paid less, call an employment law attorney. If a lawsuit is filed, your attorney can ask and receive relevant documents which will need to be redacted (private info - names, etc.) crossed out.
The state and federal discrimination laws, including the "Equal Pay Act" prohibit unfair gender differential in pay. However, you have the burden of proving that you are the 'equal' of the men you claim are paid more. You must show at least equal: education, experience, work history, competence, evaluations, etc.
Now if you believe you can show the conduct was illegal under the above criteria, feel free to contact me for the legal help you’ll need. I've been doing these cases for years.
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