Disparity in compensation between American worker and H1 visa coworkers.

Question

I work the same job and hours as my coworkers on H1 visas, but they receive more compensation including housing, transportation, medical uniforms, and a higher hourly wage. I receive only basic wages, which are two dollars less than theirs. Additionally, I feel my employer treats my male coworkers better and doesn't have any written company policies regarding compensation. Is there a legal requirement for my employer to compensate me equally given that I'm an American worker, and what steps can I take regarding this?

James L. Arrasmith · Answer

In the United States, employers are generally required to provide equal pay for equal work, regardless of a worker’s nationality, gender, or immigration status. Under the Equal Pay Act and Title VII of the Civil Rights Act, your employer cannot pay you less than your H1 visa coworkers for doing the same job, especially if there is a clear disparity in pay and benefits. The additional compensation provided to your H1 visa coworkers, such as housing, transportation, and uniforms, might violate these laws if they are not offered to you without a justifiable reason. 
 
To address the pay disparity, start by documenting all relevant information regarding your job duties, hours, compensation, and the benefits received by your coworkers. This will be helpful when discussing the issue with your employer or HR. Since there are no written policies regarding compensation at your company, it’s even more crucial to establish a record of the existing discrepancies. 
 
The next step would be to bring this issue to your employer’s attention. You could approach HR or management and express your concerns about the unequal treatment, citing both the pay disparity and the additional benefits your coworkers are receiving. If this doesn’t lead to a resolution, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or seek legal advice to explore your options further.

Q: Disparity in compensation between American worker and H1 visa coworkers.