21 years after New York congresswoman Winifred C. Stanley introduced H.R. 5056 to end pay disparity based on sex, Congress finally passed the Equal Pay Act which essentially performed the same function the original bill by Stanley would have. As an amendment to the Fair Labor Standards Act, the 1963 bill finally prohibited employers from pay discrimination based on gender.
Throughout the years, employers have found ways to ‘buck the system’. Whether that’s terminating female employees who retaliate against pay inequality or demoting women to positions that require less skill, companies have been duping female and male workers for decades. And still, do today.
JML Law Firm helps employees who aren’t paid properly because of their sex file legal action to recover lost wages, pain, and suffering, along with punitive damages deemed appropriate by California courts. Our Riverside Equal Pay Act violation attorney fights to close the gender pay gap that has long plagued Californian workplaces.
Is Proving EPA Violations Easy
What becomes beneficial for employees who’ve been identified as victims of pay inequality is the EPA doesn’t require ‘intent’. In other words, an employer merely has to perform an act of unequal pay; it can be accidental, or willful negligence. Section 206(d)(1) of the EPA establishes that in order for victims to establish a prima facie case, three elements must be present:
- A man or woman has identified their pay as being less than their gender counterpart.
- Work being performed, and expectations of job qualification, are equal. This means a man or woman must be equally skilled, educated, and able to perform all functions of their job.
- Working conditions are similar enough to where indifference would be hard to prove.
Once these conditions have been met, plaintiffs may bring legal action against their employer. JML Law Firm can help employees who’ve been underpaid by virtue of sex, many times recovering compensation before cases are tried before a judge or jury.
Employers, in rebuttal of worker’s claims of unequal pay, have affirmative defenses they may attempt to utilize to fend off EEOC claims of the pay gap. If a worker’s hourly or salary earnings are
- Based off a merit system, or
- Part of a system of seniority, or
- Inclusive to a quantity or quality-based production scheme, or
- Are part of any other factor not involving sex,
an employer might get away with paying different wages to men and women.
Note we stressed ‘attempt’.
JML Law Firm: A Powerful Pay Gap Ally
Having successfully defended claims where employers wrongfully segregated women from men by paying lesser wages, we’re poised to take your case to court if necessary. After following specific EEOC and FEHA procedures, our Riverside Equal Pay Act violation attorney can negotiate fair settlements that may allow employees to collect years of backpay, emotional distress and loss of consortium in certain circumstances. Contact our office immediately if you’ve been victimized by an employer’s unfair wage practices.
The Equal Pay Act protects victims of pay disparity. Don’t let your employers walk over you any longer.
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Every case is unique and needs to be evaluated by our experienced lawyers. If you’ve been victimized by an employer’s unfair wage practices,
