Wage Discrimination and the Law

The wage gap has been a problem in the United States since the time that women entered the workforce and remains a problem today. While some people argue that the wage gap exists because women have less experience or work in different jobs than men, the reality remains that many equally qualified women earn less than their male counterparts.

Gender Wage Discrimination Laws in the U.S.

Since 1963, federal laws have tried to address the issue of gender pay equity in the United States.  The most significant of those laws include the:

• Equal Pay Act 1963: this law prohibits gender discrimination in pay. If a male employee and a female employee are working in the same place, have the same seniority, the same experience and perform substantially similar activities then they should receive the same pay.
• Title VII of the Civil Rights Act: like the Equal Pay Act 1963, this law requires pay equity as well as equity in other employment matters such as hiring and firing
• Lily Ledbetter Fair Pay Restoration Act: this Act became law in 2009 and establishes that the statute of limitations for filing a wage discrimination claim starts each time a discriminatory paycheck is received.

Examples of Gender Wage Discrimination

Anytime men and women of similar experience and credentials receive different pay for substantially the same job responsibilities, wage discrimination may have occurred. Some common examples include:

• Men are provided with different job titles, and thus additional pay, for performing substantially the same work.
• Men are provided with slightly different job responsibilities, such as locking the office at night, and that is used to justify a higher wage.
• Employers refuse to hire, or promote, qualified women in some professions.

If you have been a victim of wage discrimination then you have the right to collect damages pursuant to federal law.  Additionally, many states have similar laws.  An employment law attorney who is experienced in equal pay claims can help you recover the pay to which you are legally entitled.