Despite the many advances our society has accomplished toward eliminating discrimination, there are still inequities between the compensation that men and women receive. The Washington DC equal pay discrimination lawyers at our employment law firm represent workers whose rights to receive equal pay are being violated.
We are passionate about working for our clients to promote fairness and justice in the workplace, particularly when it comes to your compensation and treatment.
If you are aware that a co-worker in a similar position is being paid more than you and is of the opposite sex, you may have a valid equal pay discrimination claim. Get in touch with an experienced FLSA lawyer today.
The Equal Pay Act (EPA) is the federal law that governs equal pay. Fundamentally, the EPA requires men and women to be paid the same amount for performing substantially equal work. In addition to base compensation, men and women employed in substantially the same position should also receive equal benefits such as health care, overtime, bonuses, travel reimbursement and vacation or holiday time.
In order for the EPA to apply, the job being performed by a man and a woman must be substantially the same. The actual job functions being performed rather than job titles will be analyzed to make this determination. The main factors that should be considered when determining whether a man and a woman’s job is substantially similar are:
The EPA also requires that men and women to be working at the same establishment. This is because compensation cannot be accurately compared within the same company between different branches or geographic locations.
When a disparity in pay exists, the employer essentially must demonstrate that it is justified by a seniority or merit-based system or a factor other than sex. If the employer is unable to produce such a justification, they will likely be in violation of the EPA, even if the employer did not intend to pay men and women unequally.
Discrimination based on sex is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Sex-based discrimination is closely linked to equal pay discrimination. Employees who are filing a claim with the EPA may also be able to file a claim under Title VII. In addition to sex, Title VII also prohibits discrimination based on race, religion, color, and national origin.
Age and disability are also protected classes under federal discrimination laws pursuant to the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), respectively.
The District of Columbia Human Rights Act (DCHRA) provides additional protections specific to Washington DC employees addressing similar issues as the federal anti-discrimination statutes. For more information, consult with an equal pay discrimination lawyer in Washington DC.
Most federal discrimination claims are filed with the Equal Opportunity Employment Commission (EEOC). However, employees bringing a claim alleging a violation of the EPA may opt to file a lawsuit with the court rather than filing with the EEOC initially. Violations of other federal or state discrimination statutes can be filed with the EEOC or the District of Columbia Office of Human Rights.
A seasoned Washington DC equal pay discrimination lawyer shares your frustrations with unequal pay in the workplace. We want to make every effort to help you pursue fair compensation. Contact us if you believe you have an equal pay discrimination claim against your employer. We can review your case and determine the best way to proceed.
