Yonkers, NY asked in Employment Discrimination for New York

Q: What kind of information do you need access to in order to prove that men are being paid more at your work?

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2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: That is a very interesting question. There is no clear answer.

Sometimes a person who legally has access to payroll data can bring an action on their own behalf but personnel is probably one of the few areas where more equal pay exists.

Males might share their pay with you or agree to testify. Women could all pool together and share their information with one cooperating male's pay history.

Remember that anyone who agrees to help you may not be retaliated against. If the employer did retaliate for helping you that would potentially be a great lawsuit otherwise no one would ever agree to help anyone else.

Unfortunately government employment is about the only place you can demand employment records or pay data without a court order. Thanks to FOIL laws.

Unless you had one male with the same experience duties and tenure with a comparable female and you brought a lawsuit asking the court to force disclosure. The employer would fight tooth and nail to suppress but if the pay difference was big enough you would have a shot at opening up the company's pay records at least in some limited fashion.

Again you raise an excellent question. Thank you.

Michael Diederich Jr.
Michael Diederich Jr.
Answered
  • Employment Law Lawyer
  • Stony Point, NY
  • Licensed in New York

A: I concur with Mr. Urba's response. If you have a bona fide belief that there is an unlawful pay differential, I would suggest you hire an employment lawyer to help prepare and file a complaint of discrimination with the US EEOC or the NYS DHR. Those agencies may be able to obtain the relevant pay information.

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