If you are a member of a protected class and believe that you have been paid less than other employees for doing the same job, it’s important to speak up. Ohio law, Title VII of the Civil Rights Act, and the federal Equal Pay Act make it illegal for employers to pay employees differently for substantially the same job because they have protected characteristics. These laws allow you to pursue legal action against an employer who committed wage discrimination — and to recover the wages you are rightfully entitled.
Wage discrimination occurs when one employee is paid differently from another based on their membership in a protected class. Although the federal Equal Pay Act only applies to pay disparities concerning gender, Title VII and Ohio’s wage discrimination law are even more expansive.
Ohio law specifically prohibits employers from treating employees differently when it comes to their pay for a job of equal skill, effort, and responsibility based on their race, color, religion, national origin, age, sex, or ancestry. Employers may also not discriminate against employees regarding fringe benefits, training opportunities, promotions, stock options, and any other parts of a compensation package or privileges of employment.
Pay discrimination can be financially devastating — it can impact both your career and ability to provide for your family. You may have a case for wage discrimination if you can show that you have been paid less than other employees with the same job duties, experience, and seniority due to your protected characteristics. Wage discrimination can take a variety of forms. Some common examples of wage discrimination can include:
It’s essential to understand that not every discrepancy in wages means discrimination occurred in the workplace — there are many legitimate reasons an employee might be paid more than another in the same position. Lawful reasons for a pay difference can include years of experience, seniority at the company, merit, more training than other employees, possessing an advanced degree, or another non-discriminatory factor. For instance, a male employee may be paid more than a female in the same position if they have more experience. But if the male employee had the same level of experience and education as the female employee, this would be unlawful wage discrimination.
If you believe you were subjected to wage discrimination, it’s critical to ensure you have the evidence necessary to support your claim. Wage discrimination can be proven in a variety of ways, including through pay records, performance evaluations, and job descriptions. You should keep track of the hours you worked and any changes to your rate of pay. In addition, maintain a file of any communications or feedback received from your employer about your performance, along with copies of emails, text messages, memorandums, and any other relevant paperwork.
Once you have collected the data you need about your own wages, you should compare your pay rate with that of your coworkers — consider whether there are legitimate reasons for the difference in your pay, such as education, experience, or duties. In addition to demonstrating a wage discrepancy, you will also need to establish that there has been discrimination by showing that you were paid less than other employees because of your protected characteristic. Evidence of discrimination can include showing that those in a protected class are consistently paid less than other employees, as well as recordings of discriminatory remarks, witness statements concerning discriminatory incidents, and any other relevant documentation.
Importantly, your employer is prohibited from taking adverse employment action against you or terminating you for speaking up about pay disparities in the workplace. By law, an employer is prohibited from punishing you for making a complaint, instituting a pay discrimination proceeding, or testifying in one.
A wage discrimination claim can be filed with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission (EEOC), depending on the grounds upon which it is based. Each entity has its own procedures for filing a complaint. If the claim cannot be resolved through the administrative process, you can file a lawsuit in court to recover your damages. However, if the claim is based on an allegation of a violation of the federal Equal Pay Act, you can bring your claim directly to court and are not required to file an EEOC charge first.
If you are successful in an Ohio wage discrimination claim, you may be entitled to recover up to two times the amount of the difference between the wages you received, and those received by a person performing equal work from the date of the violation. You may also be awarded court costs and attorney fees. By filing a federal claim, you may be able to recover back pay for the difference in wages, interest on back pay, liquidated damages, court costs, and attorney fees, based on the facts of the case.
Any wage discrimination claim made in Ohio must be brought within one year from the date the violation occurred. If the claim is brought under the federal Equal Pay Act, you have two years to file a lawsuit from the date the last discriminatory paycheck was issued — if the discrimination was willful, the statute of limitations is extended to three years. The general time limit to file a pay discrimination claim with the EEOC is 180 calendar days from the date of the discrimination.
If you have experienced wage discrimination, we encourage you to contact us for a free consultation to learn about your options and remedies. From our office in Westlake, Lalak LLC proudly fights for the rights of workers throughout Ohio.
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