Q: Ima male in CA and discovered that a female employee with the same job title as me gets paid more. Equal wage violation?
I was never given an evaluation, we have been there the same amount of time and have the same training, i however have more education. Around the time my raises stoped, i went to part time for 3 months then full time for 3 months then part time for 3 months then full time as i went back to school. My supervisor told me as long as i continue completing my job duties, then i can keep my position. Again, was never given an evalution since that time. The women, my coworker, makes 19$ while i make 16.50? Do i have a case of equal wage rights violation?
As a California attorney, based on the information provided, you may potentially have a case for an equal pay violation under California's Fair Pay Act. If you and your female coworker have the same job title, similar experience, and perform substantially similar work, it could be unlawful for your employer to pay you differently based on gender. It's important to gather relevant evidence, such as pay records and job duties, and consult with an employment attorney to assess the strength of your case and explore potential legal remedies.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
The mere fact that you receive less pay than another employee of a different gender is not alone enough to establish a violation of the Equal Pay Act or the Fair Employment and Housing Act. However, it is a foundational issue in making such a determination.
If you are making less because of things unrelated to your gender, that would not necessarily be a violation of the law. For instance, if your decision to go back and forth between full and part time placed you into a different income track, and it was not your gender that caused that difference, then there would be no violation.
More therefore needs to be known. It would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A: To prove gender discrimination as it relates to employee compensation, you will need more information. You will need to establish that you do the same work and have very similar qualifications for the job. Perhaps your female coworker had already completed her degree when she started, so she started at a higher pay rate? In this case, it would be legally justified to pay her more. If you believe your qualifications are similar, gather all of the evidence that is available to you and meet with an experienced employment lawyer to discuss your legal options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.