When does pay discrimination occur in the workplace?

Pay discrimination also occurs when a difference in pay has an unlawful basis such as race or sex. Pay discrimination based on an employee’s membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws.

What kind of discrimination is illegal in the workplace?

Additionally, companies are prohibited from withholding employment opportunities from an employee because of his or her relationship with someone of a certain race, religion, or ethnicity. Unlawful discrimination also includes harassment based on legally protected personal traits, including (but not limited to) race, gender, age, and religion.

When does an employer discriminate against women?

For example, if an employer provides extra compensation to employees who are the head of household,i.e., married with dependents and the primary financial contributor to the household, the practice may have an unlawful disparate impact on women. Note that there are separate laws protecting employees of federal contractors from pay discrimination:

Is there a law against pay discrimination based on sex?

Pay discrimination based on an employee’s membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws. Relevant laws include Title VII, the ADA and ADEA, state anti-discrimination laws, and the Equal Pay Act which specifically addresses pay discrimination based on sex.

When does pay discrimination occur under Title VII?

Compensation discrimination under Title VII, the ADEA, or the ADA can occur in a variety of forms. For example: An employer pays an employee with a disability less than similarly situated employees without disabilities and the employer’s explanation (if any) does not satisfactorily account for the differential.

Can you get extra compensatory damages in a discrimination case?

Because the courts are aware of this, the employee who faced discrimination and won their case may be awarded extra compensatory in order to pay their attorneys. This amount does not affect the original damages awarded, they are meant to address the invoice your attorneys will give you at the end of the trial for their services.

How are Equal Pay Act and Title VII related?

Both laws prohibit wage discrimination due to gender; however, Title VII provides for increased protection by guaranteeing equal pay and prohibiting discrimination in every aspect of employment, including the interview process, hiring, and firing.

Can you sue an employer for pay discrimination?

Sue (file a lawsuit against) your employer for pay discrimination. Under the federal Equal Pay Act and the California Fair Pay Act, you can go straight to court. You are not required to first file a charge with a government agency.

Can a company prove discrimination in a court of law?

In court, an employer has the opportunity to offer a legitimate, non-discriminatory reason for its conduct. The law only requires the employer to articulate, or state, a reason for its conduct. It does not have to prove that it is the true reason. A company can almost always come up with some reason for the action that it took.