How do you prove pay discrimination at work?

Pay discrimination occurs when employees’ compensation is different based on protected characteristics rather than job performance or qualifications. Proving pay discrimination can be complex, but understanding the steps involved can help you build a strong case.

Understand the Equal Pay Act and Fair Pay Act

The federal Equal Pay Act (EPA) mandates that men and women in the same workplace get equal pay for equal work. Additionally, California’s Fair Pay Act strengthens protections by requiring equal pay for employees who perform “substantially similar work” and addressing wage disparities among different job titles.

Gather evidence

To prove pay discrimination, you need solid evidence. There are key steps to take:

• Document your pay: Keep records of your pay stubs, salary information, and any changes in your compensation over time.
• Compare job roles: Identify colleagues performing similar or substantially similar work. This includes comparing job duties, responsibilities, skills, and working conditions.
• Collect pay data: Obtain information about the salaries of your colleagues. You may need to request this data from HR or look for public salary information if available.

Identify protected characteristics

Determine whether the pay disparity could be linked to a protected characteristic such as gender, race, or age. Collect evidence showing that individuals with these characteristics are being paid less than others for similar work.

Review employer justifications

Employers may justify pay differences based on factors like seniority, merit, or productivity. Analyze whether these justifications are legitimate and consistently applied. Inconsistencies or lack of clear criteria can support your claim of discrimination.

Seek witness statements

Colleagues who may have also seen pay disparities can provide valuable testimony. Statements from coworkers about unequal pay practices or discriminatory comments by supervisors can strengthen your case.

Taking action

If you have gathered sufficient evidence, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies can investigate your claim and potentially mediate a resolution.

Proving pay discrimination in the workplace requires detailed record-keeping and careful analysis of pay practices. However, when you know what steps to take, you can ensure you get the pay you deserve.