How To Prove Pay Discrimination at Work
Under the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and several other federal laws, you have the right to fair and equal payment. An employer cannot discriminate against you regarding pay based on gender, sexuality, race, religion, age, disability, or any other protected characteristics.
Suspecting your employer is committing pay discrimination is one thing; proving it is another. A Kansas City civil rights attorney can explain how to prove pay discrimination and build a viable case. These are a few strategies they may recommend to bolster your claim.
Research the Typical Wages for Your Role
If you believe you are being underpaid for discriminatory reasons, begin by researching the typical wages for your role. Consider your geographical location and the size of your company.
Indeed, ZipRecruiter and Glassdoor are all good resources for finding average salary information. If your salary is significantly lower than the ranges on these websites, you may have cause for concern. But even if it is in line with these estimates, that doesn’t mean you are being paid fairly compared to your coworkers.
Your next step should be to speak with coworkers about their compensation. Your employer cannot bar you from discussing wages or retaliate against you for doing so. If they do, this in and of itself might constitute evidence of discriminatory compensation practices that you can reference in a claim.
Seek Records Relating to Employees’ Pay at Your Company
While researching wages and talking to employees can help you understand whether a pay disparity is in place, the real proof is in documentation. Your attorney can help you request employment records and other documentation to demonstrate pay discrimination, such as:
- Records showing the wages of employees in similar positions
- Documents describing job duties, benefits, bonuses, and raises
- Performance reviews for all relevant employees
- Records showing disciplinary action taken against employees
Your employer may not be interested in handing over this information voluntarily but may have no choice in the face of a potential lawsuit.
Aside from these official documents, your attorney can help you gather witness statements and written communications related to wages.
File an EEOC Complaint
The Equal Employment Opportunity Commission (EEOC) protects employees’ rights in the U.S. Filing a complaint with the EEOC may prompt it to investigate your employer’s actions.
You may complete the EEOC complaint process in person at a local office, by mail, or online. Your attorney can guide you through this process and help you present evidence to prove discrimination.
While the counselor’s findings could support your lawsuit, under the Equal Pay Act, you are not legally required to file a charge with the EEOC before you can sue your employer directly so long as your case only involves allegations of wage discrimination.
Work With Experienced Attorneys To Prove Pay Discrimination
Talking to an employment lawyer can help you determine how to prove pay discrimination and hold your employer accountable. At Dugan Schlozman, LLC, we are committed to providing high-quality, personal legal services across Kansas City and Overland Park. Schedule a consultation today at 913-374-6351 to learn how we can help you.
