Paying women less than men for substantially similar work is unlawful under both federal and New York State laws. This post explains the legal framework governing pay equity—focusing on federal statutes such as the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and the Lilly Ledbetter Fair Pay Act of 2009, alongside New York State’s Equal Pay for Equal Work law and New York Human Rights Law.
Federal law and the Employment Act serve as foundational statutes for workplace protections, and other laws also provide important safeguards for employees. Employment law in New York City covers a wide range of issues, including discrimination, harassment, and wage protections, and different rules may apply depending on whether federal, state, or city law governs a particular situation. We also discuss proposed legislation such as the Paycheck Fairness Act and provide practical guidance for individuals who believe they have experienced pay disparity or compensation discrimination.
If you believe your pay is unfair compared to a similarly situated colleague of a different gender, our firm is available to assist. Call our office today at 212-766-9100 to schedule a free consultation with an experienced unequal pay attorney. We also invite you to read through to following article to learn how these laws protect employees based on characteristics such as gender, age discrimination, disability, religion, and more, ensuring that any worker in New York City who is treated unfairly due to a protected characteristic is covered.
Federal Legal Framework
Equal Pay Act of 1963
The Equal Pay Act (EPA) prohibits wage discrimination based on sex by requiring that men and women be paid equally for equal work (including the same work and the same job) that requires substantially equal skill, effort, and responsibility under similar working conditions—unless the disparity is justified by a seniority system, merit system, production quantity/quality system, or any factor other than sex.
Employees have the right to receive equal pay for the same work as their coworkers, and any wage differences among coworkers must be justified.
The EPA imposes strict liability for wage discrimination, meaning there is no requirement to prove intent. Employers must affirmatively justify pay disparities under one of the statutory exceptions and must act in good faith when doing so.
Title VII of the Civil Rights Act (1964)
Title VII prohibits employers with 15 or more employees from discriminating based on sex in compensation, or engaging in compensation discrimination or adverse employment action, terms, conditions, or privileges of employment. Unlike the EPA, Title VII requires intent and broader proof of discriminatory motivation. It also provides for a wider array of relief, including compensatory and punitive damages, back pay, reinstatement, promotion, hiring, front pay, and recovery of attorney’s fees, expert witness fees, and court costs.
Lilly Ledbetter Fair Pay Act of 2009
The Lilly Ledbetter Fair Pay Act clarifies that each pay period in which discriminatory compensation is paid constitutes a separate violation, resetting the statute of limitations for filing a pay discrimination claim (i.e., the time limit for bringing such claims). This amendment effectively counteracts prior Supreme Court rulings that limited the time to bring a claim based solely on the initial discriminatory decision.
Proposed: Paycheck Fairness Act
The Paycheck Fairness Act is pending federal legislation (introduced March 25, 2025) aimed at strengthening protections under the EPA and FLSA. Key features include requiring employers to justify wage disparities through bona fide, job-related factors not derived from gender, prohibiting retaliation against employees discussing pay, and allowing for punitive damages.
New York State Law
Equal Pay for Equal Work (NY Labor Law § 199-a)
New York has long enforced pay equity. A key update on July 10, 2019, prohibited employers from relying on a job applicant’s salary history—closing a loophole that perpetuated wage inequality. Under New York law, employers must provide equal pay for substantially similar work, assessed by skill, effort, responsibility, and working conditions. Violations that result in unequal pay are considered a form of discrimination and are subject to legal remedies.
New York Human Rights Law
The New York Human Rights Law (NYHRL)—Article 15 of the Executive Law—prohibits discrimination in employment, including pay, on the basis of sex (among other protected classes). Enforcement is handled through the New York State Division of Human Rights.
Recognizing Employment Discrimination
Employment discrimination is a pervasive issue that can affect workers across all industries in New York City. Recognizing the signs of employment discrimination is the first step toward protecting your rights and ensuring a fair workplace. Discrimination can occur when an employer treats an employee or job applicant unfavorably because of their membership in a protected class, such as gender, national origin, sexual orientation, disabilities, military status, or gender identity.
Federal laws like the Equal Pay Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act, along with the New York City Human Rights Law, make it unlawful for employers to engage in discriminatory practices. These laws protect employees from a wide range of unfair employment actions, including wage discrimination, sexual harassment, wrongful termination, and retaliation for reporting discrimination or participating in investigations.
What Are Common Examples Of Discrimination In The Workplace?
Wage discrimination is one of the most common forms of employment discrimination. Under the Equal Pay Act, employers are required to provide equal pay for substantially equal jobs performed by men and women in the same workplace. This means that employees who perform equal work—jobs requiring similar skill, effort, and responsibility under similar working conditions—must receive equal compensation, regardless of gender or any other protected class status.
Other forms of employment discrimination can include being passed over for promotions, receiving unequal fringe benefits, or being subjected to a hostile work environment because of your protected class. Sexual harassment, for example, is a form of discrimination that violates both federal and city human rights laws. Similarly, wrongful termination based on protected characteristics is strictly prohibited.
What Should I Do If I Believe I Am Experiencing Wage Discrimination?
- Document everything in writing: Keep records of your pay stubs, job descriptions, performance reviews, and any emails or comments suggesting unequal treatment. Compare your compensation with colleagues performing substantially equal work.
- Put your complaint in writing: If you raise concerns about wage discrimination with HR or a supervisor, follow up with a short email confirming the conversation. Always keep a personal copy outside of your work email. If you are later terminated or lose access to your work account, these emails may be critical evidence to prove your claim.
- Act quickly: The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination and equal pay laws. Employees generally must file a claim within strict deadlines. In New York City, the New York City Commission on Human Rights also investigates wage discrimination and other workplace violations under the city’s strong human rights law.
- Consult an experienced attorney: A New York wage discrimination lawyer can make a significant difference in the outcome of your case. Our firm has decades of experience representing employees facing unequal pay, discrimination, and retaliation. We can help you understand your rights, gather the strongest evidence, and guide you through filing for compensation or other remedies.
If you believe you are not receiving equal pay for substantially equal jobs—or if you have experienced any form of employment discrimination—do not wait to take action. Contact an experienced New York employment attorney today to protect your rights and help create a fairer workplace.
What Types of Remedies Are Available For Pay Discrimination Claims?
Under both federal and state law, individuals impacted by pay disparity, including victims of unpaid wages or compensation discrimination, may recover:
- Back pay to compensate for lost earnings.
- Reinstatement, promotion, or front pay if relevant.
- Compensatory damages for emotional distress (Title VII).
- Punitive damages to deter future misconduct (Title VII).
- Attorney’s fees, expert witness fees, and court costs
Federal law’s remedies stem from Title VII and the EPA; New York law also provides enforcement through its human rights mechanisms and equitable remedies.
As experienced wage discrimination attorneys, we can help clients seek to recover unpaid wages and other damages available under these laws. If you are a victim of wage discrimination or unpaid wages, contact us for a free consultation to discuss your legal options.
So… Is It Legal to Pay Women Less Than Men in New York?
No. Under federal and New York laws, paying women less than men for comparable work is illegal unless the employer can justify the disparity using valid, nondiscriminatory factors (e.g., seniority, merit, or production-based pay). New York further strengthens protections by disallowing reliance on salary history and imposing strong remedies under state law.
Call Our Office to Schedule A Free Consultation With An Experienced Wage Discrimination Attorney.
If you suspect pay discrimination—whether based on your gender, salary history, or otherwise—do not hesitate to contact Tuckner, Sipser, Weinstock & Sipser, LLP. Our pay discrimination lawyers can help you secure your rights. We offer confidential consultations to review your situation, advise you of your options, and, if needed, advocate for you through filing claims or litigation. Reach out today to discuss how we can help you secure the justice and compensation you deserve.
Frequently Asked Questions (FAQ) About Wage Discrimination
What constitutes “equal work” in wage discrimination cases?
Equal work refers to jobs that demand substantially equal skill, effort, responsibility, and are performed under similar conditions. Any worker who experiences wage discrimination may seek legal help.
Can an employer pay differently if the pay disparity is based on merit?
Yes—if pay differences are part of a bona fide merit system, production-based system, or seniority system, they may be lawful under both federal and state law.
Does the law require proof of discriminatory intent?
Under the EPA, no. However, Title VII requires proof of intent, making it a separate and complementary avenue for relief.
What is the impact of the Lilly Ledbetter Act on filing deadlines?
It allows the 180-day filing period to reset with each discriminatory paycheck, ensuring late-discovered pay discrimination remains actionable.
What remedies are available in New York for wage discrimination?
Victims of wage discrimination in New York City may obtain back pay, unpaid wages, and equitable relief and may file complaints with the state’s Division of Human Rights.
Can an employer legally consider prior salary when setting pay in New York?
No, since July 2019, it has been unlawful in New York to base compensation on salary history.
Is discussing wages with coworkers protected?
Federal proposals (Paycheck Fairness Act) would explicitly protect such discussions. Currently, retaliation for wage discussion may violate Title VII and New York law in practice, but protection varies. Employees have the right to discuss pay with their coworkers.
How long do I have to file a claim for unequal pay?
For federal EPA and Title VII claims, generally within 180 days of the discriminatory paycheck. New York law timelines may differ—prompt consultation is crucial.
What is the role of a wage discrimination lawyer?
A wage discrimination lawyer will assess your case, determine applicable laws, guide you through administrative filings or litigation, and pursue the compensation and justice you deserve.
Call Today To Schedule A Free Consultation With An Experienced Wage Discrimination Attorney.
If you believe you are being paid less because of your gender—or if you face other forms of employment-related discrimination—Tuckner, Sipser, Weinstock & Sipser, LLP is ready to assist. Contact us today for a FREE, confidential evaluation of your situation and to explore your legal options.
With more than 35 years as a New York wage discrimination lawyer, attorney Jack Tuckner has represented countless women who have been the victims of wage discrimination in the workplace. He has received dozens of 5 star client reviews. Jack is an active member of the New York bar.