Equal Pay Attorneys
Equal pay is a fundamental right, ensuring that everyone receives the same pay for the same job. When violated, it results in unfair compensation and can negatively impact an individual’s financial stability, morale, and sense of worth. Addressing pay discrimination is crucial, highlighting the need for legal intervention to protect this right.
Why You Should Seek an Equal Pay Lawyer
An Equal Pay Attorney identifies and addresses employees who claim they have been unfairly paid due to discrimination (e.g., age, disability, race, color, religion, sex, or national origin). Lawyers specializing in labor laws have the expertise to navigate complex employment laws, help gather the necessary evidence to support your case and recognize the best course of action for each case. Consulting an attorney ensures that your claim is handled professionally, the treatment you’ve endured is rectified, and those responsible are kept accountable. Legal support is essential for effectively challenging unfair pay practices and achieving justice in the workplace.
What To Expect With Farah & Farah’s Equal Pay Lawyers
At Farah & Farah, our equal pay lawyers are dedicated to providing customized and comprehensive legal support. From your initial consultation to the resolution of your case, our attorneys will guide you through each step of the process. We will thoroughly investigate your pay practices, help file a charge with the Equal Employment Opportunity Commission (EEOC) or relevant state agency, gather pertinent information and documentation, and advocate on your behalf during negotiations or court proceedings. We aim to ensure you receive fair treatment and appropriate compensation. If you suspect that you or someone you know is a victim of an equal pay violation contact our office today to understand and protect your rights.
What Laws Protect Me From Equal Pay Violations?
Several laws are designed to protect employees from pay discrimination. These laws empower individuals to recognize and challenge unfair pay practices and provide a sense of security and reassurance that the law is on their side. This knowledge is a powerful tool in the fight for equal pay.
The Equal Pay Act of 1963 (EPA)
The EPA prohibits employers from paying unequal wages to men and women who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. This law applies to all forms of compensation, including:
- Salary
- Overtime pay
- Bonuses
- Stock options
- Profit sharing
- Life insurance
- Vacation and holiday pay
- Other benefits
The EPA helps protect your right to equal pay by providing a clear framework for addressing wage disparities and offering legal recourse. If you suspect a violation, taking timely action by filing a complaint with the EEOC is not just important; it’s essential to enforce your rights and ensure justice in the workplace.
Title VII of the Civil Rights Act of 1964 has a broader scope than the EPA. It protects employees from pay discrimination based on race, color, religion, sex, or national origin and prohibits employers from discriminating in compensation and other terms of employment. Title VII provides robust protection by ensuring all employees have equal opportunities and compensation in the workplace.
The Lilly Ledbetter Fair Pay Act of 2009 enhances protections against pay discrimination by extending employees’ time to file a claim. Under this act, each discriminatory paycheck resets the 180-day limit to file a complaint with the EEOC, allowing employees more time to seek redress for ongoing pay discrimination. The law ensures employees can challenge pay discrimination even if the initial discriminatory decision occurred outside the standard filing period and empowers employees to address long-term pay disparities and seek justice for continued violations. To file a complaint, employees must submit a charge of discrimination to the EEOC, which will investigate and potentially take action against the employer if discrimination is found.
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 or older from employment discrimination based on age. The ADEA makes it illegal for employers to discriminate against employees or job applicants regarding compensation, terms, conditions, or privileges of employment based on age. This law applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations.
The Americans with Disabilities Act of 1990 (ADA) protects qualified individuals with disabilities from discrimination in all employment practices, including pay. The ADA applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations. Employers must provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. Accommodations for an employee with a disability can include modifications to work schedules or reassignment to a vacant position.
The primary laws protecting employees from equal pay violations in Florida include the Florida Civil Rights Act (FCRA) and the federal EPA. The FCRA prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status, which includes pay discrimination. The EPA mandates that men and women receive equal pay for equal work within the same establishment. Employees who believe they have been victims of pay discrimination can file a complaint with the Florida Commission on Human Relations (FCHR) or the EEOC.
Georgia has no state-specific equal pay law, but federal laws, such as the EPA and Title VII, provide substantial protection against pay discrimination. The EPA ensures that men and women performing substantially similar work are paid equally. ‘Substantially similar work’ applies equal pay guidelines even if job titles differ. Title VII prohibits discrimination in compensation based on race, color, religion, sex, or national origin. Complaints can be filed with the EEOC, which will investigate and address any instances of pay discrimination. The filing process includes submitting a detailed charge of discrimination, after which the EEOC will conduct an investigation and potentially take action against the employer.
Employees who believe they have been subjected to pay discrimination can file a complaint with the EEOC. The filing process involves submitting a charge of discrimination within 180 days of the discriminatory act, which can be extended to 300 days if covered by state law. The EEOC will then investigate the claim, and if it finds evidence of discrimination, it may attempt to settle the charge or take legal action against the employer.
If an employee successfully proves a claim of equal pay violations, they may be entitled to various forms of compensation. This can include back pay or lost wages for the period of discrimination and future pay adjustments and promotions to remedy past discrimination. The court may also award damages for emotional distress and punitive damages to discourage similar behavior in the future. Additionally, the employer may be required to take corrective actions, such as implementing policies and procedures to prevent further discrimination in the workplace. It is important to consult with a legal professional if you believe you have experienced equal pay violations to ensure you receive proper compensation.
Back Pay
Receiving back pay means you can recover the difference in wages you should have been paid. This can include the difference between your actual compensation and what you would have earned if you were not subject to discrimination. Back pay may also include any benefits, bonuses, or wage increases you missed due to pay discrimination.
Liquidated Damages
Liquidated damages are a fixed amount of compensation awarded to victims of certain employment discrimination or wage violations. These are typically applied in cases of willful violations or may be used to compensate for losses that are difficult to quantify. The amount of liquidated damages is often the same as the amount of back pay awarded to the victim, effectively doubling the amount of back pay received.
Attorney’s Fees and Court Costs
Employers may be required to pay your legal fees. These fees include any expenses incurred while pursuing your claim, such as filing fees and court costs. It is essential to keep track of all expenses related to your case so you can be appropriately compensated for these costs.
Compensatory Damages
You may be able to receive compensation for emotional pain and suffering caused by the equal pay violation. Additional compensatory damages may encompass losses related to benefits and career opportunities.
Injunctive Relief
In some cases, employers will be court-ordered to change discriminatory practices and implement policies to ensure future compliance with equal pay laws. This is known as injunctive relief and can be a crucial step in preventing future discrimination.
Reinstatement or Promotion
If you suffered retaliation or wrongful termination due to your complaint, you might be entitled to reinstatement to your former position or a promotion. These remedies are meant to put you in the same position you would have been in if discrimination had not occurred.
Punitive Damages
In cases where the employer’s conduct was particularly egregious, you may be awarded punitive damages to punish the employer and deter future violations. However, these damages are not consistently awarded and require evidence of willful or malicious conduct.
Exceptions the EPA Allows for Wage Differences
The EPA does allow wage differences for specific situations. Pay disparities are permissible when based on a legitimate seniority system. Additionally, a merit-based system can also justify differences in compensation. Employers can adjust pay according to the quantity or quality of work produced or if the difference in compensation is based on factors unrelated to gender, such as education, experience, or geographic location.
What Qualifies as Unfair Pay?
Unfair pay occurs when employees performing the same job are compensated differently based on gender, race, or age. This can manifest as different salaries, benefits, bonuses, or other forms of compensation. To determine if you are a victim of unfair pay, compare your earnings with those of your colleagues in similar roles. You may have grounds for a legal claim if discrepancies cannot be justified by experience, education, or performance.
What Is Wage/Pay Disparity?
Pay (earnings or wage) disparity is the difference in earnings between different groups of people, such as men and women or different racial groups, for similar work. This disparity can result from various factors, including discrimination, unequal access to opportunities, and biased pay practices. Addressing pay disparity is crucial for fostering a fair workplace where employees are valued equally for their contributions to the company
What Is the Difference Between Pay Equity & Pay Equality?
Pay equity and pay equality are crucial concepts for a fair workplace. Pay equality ensures identical compensation for the same work regardless of gender, race, or other factors. In contrast, pay equity considers the value of work based on skills, experience, and market rates, allowing for differing compensation among employees in various roles based on their contributions.
How To Promote Equal Pay in Your Workplace
Advocating for equal pay in your workplace takes consistency and encouragement. Some ways you can start include:
- Emphasizing equal pay in the workplace.
- Ensuring understanding of rights under the EPA
- Encouraging open discussions about pay and transparency in compensation practices.
- Supporting initiatives that promote pay equity.
- Seeking legal advice if you suspect unfair pay practices in your workplace.
Farah & Farah Has an Equal Pay Attorney Ready To Advocate for You
Farah & Farah’s equal pay attorneys are available and equipped to assist you in understanding the complexities of employment law and obtaining the compensation you deserve. Our team educates and guides our clients toward the best pathways forward, supporting them through their most challenging times. Don’t hesitate to seek legal assistance if you think you have been a victim of an equal pay violation. Contact us today to schedule a consultation and take the first step toward achieving pay equity.
Contact Farah & Farah’s experienced equal pay attorneys today for a free consultation if you’re in Florida or Georgia. We are dedicated to securing the justice and compensation you deserve. You won’t have to pay a dime unless your case is successful.
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