Compensation Discrimination Attorney in Orange, California

As an employee, you have a right to be free from discrimination in your compensation. However, this does not stop some employers from wrongfully paying their employees less than they deserve due to discrimination based on gender, race, disability, age, religion, and other protected characteristics. Unfortunately, compensation discrimination is common in California workplaces despite federal and state laws prohibiting any form of discrimination in employment. 

If you receive less than your co-workers for substantially similar work, it’s important to consult with an attorney to determine whether or not your rights were violated. Our compensation discrimination attorney at The Guha Law Firm understands the frustration and humiliation you may experience when you realize that you have been paid less because of your gender, race, age, religion, disability, or other protected characteristics. We help hard-working people—just like you—fight for justice and enforce your legal rights.  

If you live anywhere in Orange or the rest of California, set up a consultation with us. Our law firm is also proud to serve clients throughout Los Angeles, San Bernardino, and Riverside counties.  

Understanding Compensation Discrimination

Before you bring a claim for compensation discrimination, you need to understand what “discrimination” actually is. The Equal Employment Opportunity Commission (EEOC) defines discrimination as being subjected to negative or unfavorable treatment because of specific characteristics or circumstances. 

One form that discrimination may take is “compensation discrimination.” This form of discrimination, which is also referred to as pay or salary discrimination, occurs when employers fail to pay equal wages to employees who perform substantially equal work. In addition to wages, compensation can also include:  

• Overtime pay 

• Benefits 

• Bonuses 

• Profit-sharing 

• Allowances 

• Reimbursement 

• Stock options 

If you can prove that your employer does not provide equal pay to you compared to co-workers who perform substantially similar work, you may be able to hold your employer accountable for compensation discrimination. 

Laws Addressing Equal Pay

There are four primary laws that address equal pay and protect people from compensation discrimination:  

• Equal Pay Act (EPA). The EPA requires employers to offer female and male employees equal pay for equal work. While the jobs do not necessarily need to be identical, they should be “substantially equal” for the protections under the Equal Pay Act to apply. In particular, whether or not the jobs are substantially equal depends on five factors: skill, effort, working conditions, responsibility, and establishment.  

• Title VII. This title of the Civil Rights Act of 1964 prohibits employment discrimination based on five protected characteristics: gender, religion, color, race, and national origin.  

• Age Discrimination in Employment Act (ADEA). This federal labor law prohibits employers from discriminating against employees aged 40 and older.  

• Americans with Disabilities Act (ADA). This federal law prohibits discrimination against people with disabilities in all areas of public life, including employment.  

If you suspect that you have been a victim of compensation discrimination at work but do not understand your rights or protections granted to you by federal or state law, seek legal assistance from an experienced attorney.  

Comparison of Work

As mentioned earlier, there are five factors used to determine whether or not two jobs are identical. If the jobs require substantially equal skill, effort, working conditions, responsibility, and establishment, they may be considered identical under the EPA.  

1. Skill. Skill is based on the employees’ education, ability, experience, and training required to perform their job duties.  

2. Effort. This factor considers the amount of physical and mental exertion required to do the job.  

3. Responsibility. This factor considers the degree of accountability in performing the job duties.  

4. Working conditions. Working conditions include hazards and physical surroundings such as fumes, ventilation, and temperature.  

5. Establishment. For the purposes of the EPA’s identical job determination, an establishment is a physically separate place of business, not an entire business that consists of several places of business.  

When the employer can prove that differences in compensation are based on employees’ merit, seniority, or quality/quantity of work, they cannot be held liable for discrimination.  

Circumstances That Allow for Pay Differentials

In certain cases, employers may be able to provide an employee with additional pay without violating the law. This is known as “pay differentials.” There are three main types of pay differentials: shift premiums, hazard pay, and geographic differentials. Pay differentials are often used by employers to entice employees to perform jobs in hazardous conditions, take additional shifts, or move to another geographical area for work.  

Employers often use “pay differentials” as their argument for paying employees more when defending themselves in compensation discrimination cases.