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How do I sue for unequal pay for the same job?

Best Equal Pay Lawyer Answer: Our wage theft lawyers recently addressed the issues of equal pay violations. (Best Law Read: What Is Pay Discrimination?). As our wage and hour attorneys discussed, the Equal Pay Act (“EPA”) directly tackles this issue and make it against the law for employers to pay women less than men for doing substantially the same job. In addition to other protections against discrimination, federal laws, including the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act of 1967 (“ADEA”) make pay discrimination based on race/color, religion, gender/sex (including pregnancy and LGBTQ+ status), national origin, age, and disability illegal.

Under these laws, an employee can establish a claim for pay discrimination or unequal pay by presenting evidence that a comparator employee is being paid more for performing a job that: (a) necessitates substantially the same level of skill, effort and responsibility; and (b) is performed under the same or similar working conditions within the same establishment.

How much of a difference in pay does there have to be to sue for pay discrimination?

Best Employment Discrimination Attorney Answer: Not much at all. If the evidence shows that an employer pays men 10 cents more per hour than women, or white employees more than Black workers, that is enough of a pay differential to violate the law.

Recently, LinkIn agreed to pay $1.8 million in back wages to settle a pay discrimination complaint alleging that it systemically paid men more than women. While this may seem like a lot, let’s break it down. The $1.8 million covered a three-year period and 700 effected women. This breaks down to $2,571.43 per woman on average; and $857.14 per year for each of these women. If you divide that amount by 52 weeks, the wage differential based on the settlement appears to be about $16.48 per week or about 41 cents per hour (based on a presumed 40-hour workweek).

This shows a couple things. First, cheating large groups out of 40 cents per hour can sure add up. Second, many of these women did not know that they were being cheated until someone else came forward. It is worth it to get your equal pay claims evaluated.

How do I get my equal pay claim evaluated?

Best Employees’ Rights Law Firm Answer: If you feel that you are being paid less based on your race, religion, gender/sex, LGBTQ+ status, national origin, age, or disability, you should call the right attorney for a free and confidential consultation. At Spitz, The Employee’s Law Firm, you will meet with discrimination lawyer to evaluate your claim for free. (Read: What is the Spitz No Fee Guarantee?)  The best way to address gender discrimination and a sexist boss or manager is not to wait. Call our top attorneys in Cleveland, Cincinnati, Columbus, Toledo, and Detroit.


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 The Spitz Law Firm, Brian Spitz, or any individual attorney.

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