Virginia Equal Pay Lawyer
“Equal pay for equal work” has long been the law, yet gender-based pay differences persist in Virginia and the rest of the United States. A recent analysis estimates that women still earn only 82 percent of what their male counterparts make.
An even greater discrepancy affects African American and Hispanic women as compared to their male comparators. Gender inequality affects virtually all occupations regardless of industry or academic achievement.
Gender pay inequality has significant consequences for working women and their families, beyond just receiving a lower paycheck. Some of these are:
- Lower retirement savings and/or social security payments
- Fewer benefits such as health insurance, paid vacation, or sick leave
- Unequal treatment of working mothers as compared to working fathers
- Less opportunity to save for emergency funds, investments, home-buying and the like
If you are receiving less pay than your male colleagues, you should seek guidance from a skilled Virginia equal pay lawyer as soon as possible. A lawyer can advise you about your legal rights under federal and state laws and suggest actions you can take to address pay discrimination in your workplace.
Pay Equity Laws in Virginia
The federal Equal Pay Act of 1963 requires that all covered employers pay equal wages to women and men performing substantially equal work. This includes wages as well as all other forms of compensation including pensions, insurance coverage, vacation time, profit sharing and any other benefits of value.
For some employees that are not covered by federal law (such as those working for smaller, localized business), the Virginia Equal Pay Act provides similar protections. A skilled equal pay lawyer in Virginia can advise about which laws may apply to particular circumstances and can suggest actions to take to address unequal pay.
In evaluating whether positions involve equal work, the law considers whether the jobs involve substantially equal skill, effort, and responsibility that are performed under similar working conditions. An employer facing an equal pay claim can justify unequal compensation through evidence that a difference in pay is due to fair seniority, merit or incentive system, or some other factor other than sex.
Bringing a Claim for Equal Pay Violations
An employee suffering from pay discrimination can bring a civil lawsuit against their employer in court. To succeed, the plaintiff must prove that they received less compensation than another employee of the opposite sex who performed the same work.
An employee who proves their case can recover economic damages equal to the difference between their compensation and the amount they should have earned, plus interest.
When there is also evidence of a willful violation of the law, they may also recover and an additional equal amount as liquidated damages. A successful litigant is also entitled to recover their court costs, including reasonable attorney’s fees.
As with most legal claims, time limits apply to filing an Equal Pay Act lawsuit. In general, an employee must file their case in court within two years of when a violation occurred. This can also limit the amount of compensation that an employee can recover for equal pay violations, so getting legal advice about filing a case as soon as possible is generally a good idea.
How a Virginia Equal Pay Attorney Could Help
If unlawful discrimination affects your work or pay, you should seek help from a skilled employment lawyer immediately. A Virginia equal pay lawyer is well-versed in the complex laws that govern the modern workplace and can advise you about your possible claims, assess the employer’s potential defenses, and estimate the compensation you may be able to recover in a successful case.
Armed with this information, your lawyer can suggest avenues for seeking legal relief and help you prepare a strong and effective case.
Equal pay act cases can be complex and demanding – be sure to get the help of a seasoned advocate dedicated to helping employees resolve their legal concerns. For more information about how a Virginia equal pay attorney can help you, contact our offices today.
