What is the Gender Wage Gap?
On average, female workers in the United States lose a combined total of $1.6 trillion annually due to the gender wage gap in the USA. As a result of the gender wage gap, families, businesses, individuals, and the economy itself suffer. Overall, women in the US are paid approximately $0.78 per every dollar paid to men. The gap is widest for women who are people of color. This persistent wage gap has lasted for decades, driven partly by workplace harassment, racial discrimination, job segregation, and poor workplace policies.
Some states have taken it upon themselves to enact legislation to close the gender pay gap. As a result, states like California have thinner gaps than other states. And while our state is far from the worst offender in this regard, we’re also not the best (states like Vermont, Maine, and Nevada have smaller wage gaps than we do). The California tech industry has been especially targeted for pay discrimination claims.
Have You Suffered Wage Discrimination Because of Your Gender?
There are several different forms of wage discrimination in the California workplace. Examples include people of color not getting the same employment benefits offered to white workers, older employees paying more for retirement than their younger coworkers, and women in the workplace getting paid less than their male counterparts.
If your employer pays you less because of your gender or other protected status, this could be considered a violation of the California Equal Pay Act (EPA). As your legal representatives, we can help you file a claim with the California Labor Commissioner or alternatively file a wage and hour lawsuit in a court of law.
What is the California Fair Pay Act?
The California Fair Pay Act, which was enacted in early 2016, amended the old California Equal Pay Act. The purpose of the relatively new law was to help eliminate the gender wage gap in California and strengthen the state’s commitment to gender pay equity. The amended version of the law closes a loophole that allowed California employers to avoid liability by assigning different job titles for the same work. The previous definition of ‘equal work’ was changed to the job performance of ‘substantially similar work.’
This law applies not only to gender but also to race and ethnicity. You are also guaranteed equal pay if you are gay, transgender, or non-binary.
Under the California Equal Pay Act, employers are forbidden from paying workers who perform substantially similar work different levels of compensation because of their gender, sexual orientation, ethnicity, or race. If you have been paid less because of your gender, this is a violation of the law, and you have the right to take legal action to hold at-fault parties accountable.
What Types of Pay Have to Be Equal in CA?
Workplace anti-discrimination laws forbid all types of wage discrimination in the state of California.
This includes:
- Bonuses.
- Employer-provided healthcare.
- Hourly pay.
- Life insurance benefits.
- Overtime pay.
- Pay reimbursement policies.
- Retirement benefits.
- Salaries.
- Sick leave.
- Stock options.
- Travel expenses and accommodations.
- Vacation pay.
What Are the Lawful Reasons for Differences in Pay?
Under the California Equal Pay Act, there are only certain specific lawful reasons for unequal pay in the workplace.
These exceptions for differences in pay include the following:
- Education.
- Experience.
- Merit.
- Quality of production.
- Seniority.
- Training.
Do California Workers Have the Right to Discuss Their Pay with Their Co-Workers?
Yes, California employees can discuss their wages and salaries with others. Their employers cannot retaliate against them for engaging in such discussions. This policy’s openness is intended to help identify and rectify unfair pay and gender wage gap problems.
California employers are also required to provide pay scales to new job applicants upon a reasonable request and must maintain records of job titles and their associated wage rates. This transparency is meant to help address potentially discriminatory pay practices.
What Legal Options Does a California Employee Have if They’re Facing Wage Discrimination on the Basis of Gender?
If you believe that you have been paid less than your coworkers due to your gender, you have the option to file a complaint with the California Labor Commissioner’s Office. Alternatively, you can pursue private legal action against the employer by filing a lawsuit.
Before taking legal action against your employer, gather evidence to support your claim, including:
- Comments made and records of those comments proving unlawful discrimination.
- Detailed records of pay rates for each employee and their genders.
- The job duties and responsibilities of each employee.
- The job’s description, duties, and qualifications.
Whatever you decide to do, our law firm would be proud to assist you in your pursuits.
What is the Statute of Limitations for Filing a Complaint?
In order to make a legal claim under the California Equal Pay Act, your claim must be filed within two years of the most recent workplace violation. This typically means you have two years from your most recent paycheck containing unequal pay to file a claim.
The deadline for filing a claim may be extended to three years if the violation was considered intentional or willful.
What Kind of Damages Can Be Recovered for Equal Pay Act Violations?
When a California employer violates the law and fails to pay their workers the same amount of money regardless of their gender, California workers have the right to seek legal action and pursue compensation.
Damages and penalties for EPA violations include the following:
- Wages that should have been rightfully earned.
- Interest on lost wages.
- Attorney’s fees and court costs.
- The value as liquidated damages.
In extreme cases, California employers who have been found guilty of willfully underpaying workers because of their gender may be subject to punitive damages or could even face criminal charges.
Contact Our California Law Firm for a Free Consultation Today
Any workplace discrimination is wrong, whether it’s based on gender, race, religion, or other protected traits. If you’ve suffered wage discrimination because of your gender, our California legal team would be proud to represent your case in pursuit of justice and financial compensation. To learn more about our legal services and how we can help bring your case to the most satisfactory conclusion possible, please contact our law offices to schedule your free initial consultation today.
You can reach our Oakland law office at 510-254-3777. Alternatively, you may call our San Francisco law office at 415-433-4589.
