Virginia Equal Pay Discrimination Lawyer

Workplace discrimination can take many forms, some legal, some illegal. In choosing who to fire, hire, layoff, or promote, employers are often discriminating.

In Virginia, employers are permitted to discriminate against their workers based upon certain characteristics, but there are strict limitations that prohibit employers from using these characteristics to determine wages. The protections that you have, as an employee, can be overlapping and complex.

A skilled Virginia equal pay discrimination lawyer who is knowledgeable in employment law can review your case and help protect your rights. Reach out to a dedicated equal pay attorney today and set up a consultation.

Important Legal Elements in Equal Pay Discrimination Cases

The Equal Pay Act states that men and women must be paid the same wages for equal work within the same company. A number of factors are used to determine the equality of work performed including:

  • Responsibility
  • Skill
  • Working conditions
  • The type of company

Certain defenses such as merit, seniority, work efficiency or factors other than sex may be permitted as reasons for unequal pay. The jobs do no not have to be identical, but they do have to be substantially equal in order to promote fair compensation. If inequality exists between men and women in the workplace, employers are not allowed to reduce the wages of either sex as a means of “equalizing” the pay.

If an employee believes their employer has violated the Equal Pay Act, they have two years to file a lawsuit in court. Moreover, the plaintiff may file a claim under the Equal Pay Act in court or with the Equal Employment Opportunity Commission (EEOC).

It is important to note that if the plaintiff chooses to file a claim with the Equal Employment Opportunity Commission, the two-year statute of limitations for filing an Equal Pay Act lawsuit in court will not extend.

The Equal Pay Act covers various forms of benefits and pay, including wages, overtime pay, travel expenses, bonuses, vacation, and allowances.

Advantages of Filing Claims Under the Equal Pay Act and Under Title VII

There are advantages to filing under both statutes. If the plaintiff chooses to file with Title VII, a charge of discrimination with the EEOC must be filed first. On the other hand, a plaintiff can file a lawsuit under the Equal Pay Act directly in court without going through EEOC before.

If the plaintiff misses the statute of limitations for filing a claim under Title VII, the plaintiff may still be able to file under the Equal Pay Act, which has a two-year statute of limitations. The deadline may be extended to three years for willful violations. Fortunately, an equal pay discrimination lawyer in Virginia could help someone with filing a claim.

Small companies with fewer than 15 employees may not be covered by Title VII. However, victims of equal pay discrimination may still file under the Equal Pay Act. The statutes offer different types of damages. For instance, under the Equal Pay Act, a plaintiff may collect liquidated damages, including back pay, but may not be entitled to the punitive damages offered under Title VII.

Speak with a Virginia Equal Pay Discrimination Attorney Today

A workplace should not be discriminatory or hostile. These types of environments can hurt the self-confidence of employees and may prevent workers from taking pride in their job.

If you believe your employer is subjecting you to illegal wage discrimination, it is highly advisable to set up a case evaluation with an experienced Virginia equal pay discrimination lawyer to learn whether your rights have been violated and what you can do to stop it. To learn more, call today.

Virginia Equal Pay Lawyer