If you are performing a job that is considered similar to the job of someone else in your company, your employer is legally mandated to provide you with roughly equivalent pay. The best way to determine if you are receiving equal pay for equal work is to consult with an employment lawyer.
Types of Pay
The rules regarding equal pay not only apply to wages and salaries but also apply to other financial benefits. This includes overtime, bonuses, profit sharing, benefits, and other forms of compensation. You will need to keep track of the various ways you have been compensated to prove that you are not being paid fairly.
After the inequality in pay has been discovered, the employer must not lower wages to correct the problem. Instead, the employer needs to raise wages so that your pay is equal to that of your working counterpart. One of the challenges may be that you may find it difficult to prove that other employees are paid more money. However, an attorney can help with this investigation.
How to Take Action
You have the option of filing a complaint with the U.S. Equal Opportunity Commission (EEOC). However, if you would like to take your employer to court first, you have that option. Regardless of the approach you take, you must substantiate your claim.
Filing a Complaint with the EEOC
You will want to file a complaint within 45 days of when the event occurred. However, you are allowed to renew the complaint each time there is a violation. For example, each time you are paid less than you should be, you will be able to file a new complaint. By taking these steps, you will be protected from unlawful retaliation from your employer.
Substantiating Your Claim
One obstacle that your employer can help you with is that you must prove that the work you are performing is the same as the work carried out by the employee earning a higher wage. The work environment, the effort required, and the level of responsibility should be the same.
You must prove that the skills required for your job are the same as the skills required for the other employee. This doesn't mean the skills that you have individually but simply the skills that are listed as requirements for the job. For example, if both jobs require knowledge of a specific programming language, they would require the same skill.
For more information regarding equal pay, contact a lawyer.
