Suing for Equal Pay under the EPA
Dealing with unequal wages due to gender can be one of the most frustrating and difficult situations a woman can face in the workplace. The Equal Pay Act was passed in 1963 as an amendment to the Fair Labor Standard Act and was designed to specifically target wage discrimination on the basis of gender. Sadly, women are still dealing with unequal pay, on average making around 77 cents for every dollar men make in jobs with generally the same responsibilities. Learning you are being paid less than your male counterparts is not always easy, as paycheck are generally kept confidential and are not discussed by coworkers. However, if you find out that you are making less than your male counterparts, your best option may be to file a complaint under the EPA.
Proving a Claim
As the plaintiff, you will be responsible for proving that a man and a woman (yourself) work at the same place doing what amounts to the same job and receive unequal pay. Proving the similarities between the job responsibilities can be difficult, as employers may anticipate objections before they arise. If you are able to prove every element of your complaint, the employer will then be responsible for disproving it. An employer can counter a complaint by providing evidence that the discrepancy in pay is due to any of the following:
- a seniority system
- a merit system
- any system which measures quality or quantity of work
- any reason other than gender
There are many steps on the path of making a successful complaint of unequal pay based on gender against an employer, and unfortunately many opportunities for your complaint to be dismissed.
Contact a Gender Discrimination Lawyer in Austin Today
If you or someone you know is dealing with gender discrimination in the form of unequal pay, call the The Melton Law Firm at (512) 330-0017 today to start the conversation on how you can achieve justice.