Who Can File a Claim
Wage discrimination happens when an employer pays one employee a different rate than another employee for the same job. Plaintiffs filing claims of wage discrimination commonly incorporate discrimination within one or several of the protected classes. The protected classes include race, age, religion, color, national origin, sex and disability.
How to File a Claim
Employees who believe their employer pays them less for the same work as a different member of a protected class are encouraged to contact a skilled employment attorney who knows the laws that protect your rights. Claims are filed with the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Resources Commission (PHRC).
The Laws Protecting Employees
Congress enacted the Federal Equal Pay Act in 1963. The law prevents employers from paying men and women differently for the same work or a functionally similar job. The law recognizes that an employees title does not have to be the same, but rather the employees content of work must be similar. The law applies to employees who work in the same establishment and do equal work.
Employees who do the same work as another employee in different locations, but the employer pays differently should contact an employment attorney to discuss the facts of the case before filing with state or federal authorities.
The EEOC defines equal work as that which is similar in skill required, effort applied, amount of responsibility involved and working conditions.
Employers can pay well-trained or more experienced employees more than similarly employed workers with less time on the job or education. Similarly, two employees who do the same job, but one has a physical burden or a higher level of responsibility do not have to be paid the same by their employer.
Employers are not required to pay employees the same wage when they work different shifts. For instance, an employee who works night shift can permissibly be paid more than a day shift worker because the employer recognizes that working at night is a more difficult job. Attempting to make a wage discrimination claim would not be a good idea in situations where one person does the same job as another, but at different times of day.
Employers charged with wage discrimination can often claim exemption under one of the affirmative defenses. Exemptions for seniority, merit, training, quality and quantity of work legally exist to allow employers justifiable pay differentials. Employers have the responsibility of proving an affirmative defense.
When an employer seeks to remedy an irregular wage difference, the law requires they raise the lower paid employees wages rather than decrease the higher paid person’s income.
Under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1991, age, race, national origin, color, disability and religion are incorporated under the Equal Pay Act.
These three laws form the backbone of equal pay law in the United States. An attorney who specializes in employment law will have an excellent knowledge of the method by which a plaintiff can claim wage discrimination in employment. In some cases, all of the laws will pertain, while other claims will rely on a single aspect of the law.
State Law
Pennsylvania has barred employers from sex-based wage discrimination since 1960. The Equal Pay Law establishes the right of an employee to sue for pay that is different for no reason other than sex.
Statistics about American Wage Earners
Researchers, journalists and activists often cite statistics showing lower pay for women, people of color, and older workers. Most often, these claims are made to illustrate the prevalence of discrimination.
Researchers also use these numbers to show the value of education, training and experience in relation to an employees likely earnings by age, race and gender. White male workers are used as the baseline because they make up the largest demographic of American workers at 33 percent.
The Pew Research Center uses these statistics for all education levels:
- Asian women earn $.95 per $1 earned by white men.
- White women earn $.80 per $1 earned by white men.
- Black women earn $.61 per $1 earned by white men.
- Latina women earn $.53 per $1 earned by white men.
Data analysts have noted that since 1980, the wage gap between men and women has decreased by 11 percent. Over that same time, the wage gap between white men and men of other races has remained the same. Black and latino men average earnings of $.76 and $.67 respectively to every dollar. Only Asian men earn more than white men, bringing home an average of $3 per hour more.
What Can Explain the Difference?
Statistically, education seems to be the driving factor to explain much of the difference. Even when controlled for education, differences prevail. Asian men continue to lead the field, earning 117% what the average college-educated white male earns.
College-educated female workers of all races earn less per hour than their white male counterparts, though the differences are not as great as uneducated workers experience.
Proving a Claim
State and federal law require that an employee only believe they are paid less than another employee under a protected class against to warrant an investigation. The EEOC and the PHRC will both investigate wage discrimination claims. Plaintiffs may file under either state, federal or separate cases in each court.
Both agencies regularly dismiss claims that meet minimum standards. Typicallly, a plaintiff claiming wage discrimination will need to be able to demonstrate proof that an employee doing similar work is paid differently because of a preference implied by the employer.
Evidence can include wage statements, public records searches and even news articles that show clear evidence of discrimination for no other reason but for the protected class.
Pennsylvanians claiming wage discrimination have 180 days to file a claim in most circumstances. Some categories of employment offer only a 90 day window to file. An employment attorney in Philadelphia will know the correct laws to file your case under and will know the deadlines required by the law.
Why Do I Need To Hire A Lawyer?
In 2018, the EEOC settled 1,225 claims of wage discrimination. After investigators examined the evidence available, only 5.2% were found to have reasonable cause. United States plaintiffs received $10.5 million in compensation in 2018 according to the EEOC.
An employment lawyer with experience litigating both federal and state wage discrimination claims can ensure you file in the correct court, under the correct law, and with evidence to support your case.