Best Ohio Equal Pay Attorney Answer: Can my job pay women less than men? What constitutes wage discrimination based on gender? How do I prove that my employer is discriminating against women in respect to pay?
Despite federal and state laws prohibiting gender discrimination in employee wages and benefits, there still exists a pronounced pay gap between men and women. In fact, according to the White House, full-time working women only make 77 cents for every dollar that their male counterparts make. The news is even worse for African American and Latino women, who earn at rates of just 64% and 56%, respectively, of comparable male Caucasian workers.
This pay gap caused Patricia Arquette to make an impassioned plea in her recent Oscar acceptance speech for Best Supporting Actress. “To every woman who gave birth to every taxpayer and citizen of this nation,” Arquette implored, “we have fought for everybody’s equal rights. It is our time to have wage equality once and for all and equal rights for women in the United States of America.” Arquette’s speech, and the reaction of audience members, particularly Meryl Streep and Jennifer Lopez, has the internet abuzz. Arquette’s acceptance speech even seems to have made an impression in Washington, with House Minority Leader Nancy Pelosi and Ohio Congressman Tim Ryan both tweeting their approval.
As our employment discrimination attorneys have previously blogged about pay discrimination (Can I Sue Because My Employer Pays Blacks And Women Less? Best Equal Pay Lawyer Reply; Top Gender Discrimination Attorney Reply: What Can I Do If My Job Pays Me Less Than Men?; Top Wage Lawyer Reply: Can My Boss Stop Us From Talking How Much We Are Paid?), numerous federal and state laws prohibit employers from discriminating against one gender in favor of another in matters of pay and benefits. The Equal Pay Act of 1963 provides that men and women, in the same workplace and who do substantially similar work, must be paid equally. To establish a claim under the Equal Pay Act, an employee must establish that (1) the employer is subject to the Act; (2) the employee performed work in a position requiring equal skill, effort, and responsibility under similar working conditions; and (3) that the employee was paid less than the employees of the opposite sex providing the comparison.
Additionally, because equal pay violations are a subspecies of gender discrimination, an aggrieved employee may also have a claim under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin. Likewise, Ohio’s R.C. § 4112.02(A) makes it unlawful to pay male and female employees at different rates when they perform the same work.
As evidenced by Arquette’s acceptance speech and the reaction it has generated on the internet, the Equal Pay Act, the Civil Rights Act, and Ohio anti-discrimination laws have not entirely cured gender discrimination in pay and benefits. These laws are, however, powerful tools and our law firm knows how to use these tools to help employees.
If you feel that you are being discriminated based on your gender or sex, then call the right attorney. It is never appropriate to discriminate against female employees. Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied a promotion, and denied wages or not receiving equal pay. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with an attorney from Spitz, The Employee’s Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims.
The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to gender discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.