Know Your Rights: If there is pay disparity, there better be a good (legal) reason

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Pay Discrimination Lawyers in New York City for Unequal Pay

How Our New York Equal Pay Attorneys Help With Unequal Pay Matters

At Tuckner Sipser Weinstock & Sipser, we are dedicated to helping employees achieve the wages they deserve under federal and New York State laws. If you believe you are being paid less than a coworker of a different gender for the same work, we are here to stand by your side. Pay discrimination is not only unfair but also illegal; as unequal pay lawyers with decades of experience, we will help you navigate the legal pathways in seeking to hold your employer accountable.

This page explores your rights under the Equal Pay Act (EPA), Title VII of the Civil Rights Act, and New York’s pay equity laws. By understanding the legal protections and your options, you can take the first step toward achieving equal pay for equal work.

Seek fair compensation—contact us today to schedule a free consultation with an experienced New York City unequal pay lawyer and learn how we can help you fight for equal pay.

What Is the Equal Pay Act of 1963?

The Equal Pay Act of 1963 (EPA) is an amendment to the Fair Labor Standards Act of 1938. Under the EPA, employers are prohibited from paying employees differently for performing equal work on jobs requiring equal skill, effort, and responsibility under similar working conditions. For example, a male bartender in a restaurant cannot be paid more than a female bartender for the same job description unless the disparity in pay is due to a legitimate factor besides the sex of the respective bartenders.

This law applies to all employers covered by the Fair Labor Standards Act, including private businesses and government agencies. At its core, the EPA ensures that women and men performing substantially similar work are paid the same, unless a legitimate, non-discriminatory factor justifies the difference.

unequal payHow Do NYC Employers Commonly Justify Unequal Pay?

While employers may try to justify pay discrepancies, the law limits acceptable reasons for pay differences to the following:

  • Seniority: An employee with a longer tenure at the company may receive higher compensation.
  • Merit Systems: Employers may have structured merit-based systems that reward employees for their performance, provided these systems are applied consistently and transparently.
  • Quantity or Quality of Work: Differences in pay may be based on measurable output or production quality, such as sales figures or quotas.
  • Other Legitimate Factors: Employers may cite factors like education, experience, or geographic location, provided these reasons are not related to gender.

Employers who cannot prove a lawful reason for pay discrepancies may be violating the Equal Pay Act and other anti-discrimination laws. If you believe that you have been subjected to illegal pay discrimination, we invite you to call our office at 212-766-9100 to schedule a free consultation with an experienced NYC unequal pay attorney.

How Does New York Law Address Pay Discrimination?

New York has some of the strongest pay equity laws in the country. In addition to the federal EPA, New York State Labor Law § 194 requires employers to provide equal pay for substantially similar work. State law goes beyond federal protections by:

  • Expanding the Definition of Pay Discrimination: New York law protects workers not only based on gender but also based on other protected characteristics such as race, sexual orientation, and national origin. This means more employees can seek justice under state law with the help of a skilled equal pay attorney.
  • Tightening Employer Defenses: Employers in New York must prove that pay differences are based on a bona fide factor other than a protected characteristic and that this factor is job-related and consistent with business necessity. A New York equal pay attorney can evaluate whether your employer’s justification meets these legal standards.
  • Prohibiting Retaliation: Employers are prohibited from retaliating against employees who inquire about, discuss, or disclose their wages. If you’ve faced retaliation for asserting your rights, an experienced equal pay lawyer in New York can help you take the next step.

If you believe you’re being paid unfairly for doing substantially similar work, contact a trusted equal pay lawyer or equal pay attorney in New York to understand your options and protect your rights in the workplace.

How Do You Prove an Unequal Pay Claim in New York City?

Winning an unequal pay case requires presenting evidence that your employer violated the law. As unequal pay lawyers with decades of experience, we work closely with clients to build strong cases by gathering key evidence, such as:

  • Job Comparisons: Demonstrating that your work requires equal skill, effort, and responsibility compared to a coworker of a different gender or protected characteristic.
  • Pay Records: Obtaining documentation of salary discrepancies through legal means, including wage statements and company payroll records.
  • Performance Reviews: Showing that you perform as well as or better than your higher-paid counterpart.
  • Company Policies: Examining merit systems, promotion criteria, and other compensation-related policies to uncover discriminatory practices.

As unequal pay lawyers who have successfully advocated for NYC residents for over two decades, our goal is to identify patterns of unequal treatment and use evidence to advocate for fair compensation.

Working with an Equal Pay Attorney in New York

Addressing pay disparities—especially those involving workers with disabilities—requires a careful evaluation of both federal and New York City laws. A knowledgeable disability discrimination attorney can help analyze the legal nuances of your case and determine whether unequal treatment violates your rights. Under the Equal Pay Act (EPA) and New York City Human Rights Law (NYCHRL), it is unlawful to compensate employees differently based on protected characteristics, including sex or disability, when their roles require substantially equal skill, effort, and responsibility and are performed under similar working conditions.

If you are a disabled employee who is paid less than coworkers for equal work—or denied fair wages due to bias or unfounded assumptions about your abilities—you may have grounds for legal action. These discrepancies can also violate Title VII of the Civil Rights Act, strengthening your claim. An experienced New York equal pay lawyer can help assess your situation and pursue the compensation you deserve.

How Our NYC Unequal Pay Attorneys Can Assist You

Our pay discrimination attorneys are well-versed in the complexities of unequal pay claims and are committed to securing justice for our clients. After thoroughly reviewing the facts and circumstances of your case, we will advise you on the legal remedies available. These may include filing complaints under federal laws like the EPA and Title VII, as well as state and local statutes such as New York State’s Equal Pay Act and the NYCHRL. Our team will guide you through every step of the process, from evaluating your claim to pursuing fair compensation and equitable workplace practices.

By leveraging our deep understanding of New York City’s employment laws, we aim to protect your rights and hold employers accountable for unlawful pay discrimination.

What Should You Do If You Suspect Unequal Pay?

If you believe you’re being paid less than a colleague for performing substantially similar work, it’s important to act promptly and strategically. Unequal pay can violate both federal and state laws—and with the right approach, you can protect your rights and seek fair compensation. Here’s what we recommend:

  • Document the Pay Discrepancy: Keep detailed records of your wages, job duties, performance reviews, job descriptions, and any communications that reference pay or responsibilities. This documentation can be critical evidence in your case.

  • Review Pay Transparency Postings: Under New York City’s Pay Transparency Law, employers must disclose salary ranges in job postings. Use this information to compare your compensation with similar roles at your company or within your industry.

  • Speak with a New York Equal Pay Lawyer: Before taking action, consult a trusted equal pay attorney in New York. A knowledgeable NYC unequal pay lawyer can help assess your situation, explain your rights, and guide you through the legal process. Filing a complaint too early—or without the right evidence—could affect your case.

  • Explore Your Legal Options: You may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. In some cases, pursuing a private lawsuit with the help of an experienced New York equal pay attorney may be the best route to recover lost wages and hold your employer accountable.

If you’re unsure about your next step, we encourage you to contact an experienced equal pay lawyer to discuss your concerns confidentially.

What Remedies Are Available For Unequal Pay Claims in NYC?

If pay discrimination is successfully proven, you may be entitled to several remedies, including:

  • Back Pay: Compensation for the wages that were unfairly denied.
  • Front Pay: Future earnings that may be lost due to discriminatory practices.
  • Liquidated Damages: In some cases, you may recover additional damages equal to the amount of your back pay.
  • Attorney’s Fees and Costs: Employers may be required to cover your legal expenses.

These remedies aim to make you whole and send a clear message to employers that wage discrimination will not be tolerated.

Why Choose Tuckner Sipser Weinstock & Sipser for Your Unequal Pay Case?

For over two decades, our firm has been committed to fighting for employees who have experienced pay discrimination in the workplace. We understand the complexities of pay equity laws and are dedicated to helping you navigate the legal process.

When you work with us, we provide:

  • Personalized Attention: We listen to your story and develop a strategy tailored to your situation.
  • Aggressive Advocacy: Whether negotiating a settlement or litigating in court, as wage discrimination attorneys, we pursue every available remedy on your behalf.
  • Contingency Fee Representation: You don’t pay us unless we win your case, ensuring that financial concerns don’t prevent you from seeking justice.

Call our office today at 212-766-9100 to schedule a free consultation with an experienced New York equal pay lawyer.

FAQs About Unequal Pay

What is considered “equal work” under the Equal Pay Act?

Equal work means jobs that require substantially similar skill, effort, and responsibility and are performed under similar working conditions. Exact job titles do not have to match; instead, the focus is on the actual duties performed.

Can I still file a claim if my employer retaliates against me?

Yes. Retaliation for reporting wage discrimination is illegal under both federal and New York State laws. If your employer takes adverse actions, such as demotion or termination, you may be entitled to file additional claims for retaliation.

If you have been retaliated against for reporting pay discrimination, we invite you to call our office to schedule a free consultation. We will zealously advocate to protect your rights, including for wage discrimination and illegal retaliation.

Does the Equal Pay Act apply to bonuses and benefits?

Yes. The Equal Pay Act covers all forms of compensation, including bonuses, stock options, insurance benefits, and other perks. If you are receiving less favorable benefits than a coworker of a different gender for equal work, this may constitute discrimination. Call our office at 212-766-9100 to schedule a free consultation with a tenacious equal pay attorney.

How long do I have to file a claim?

Under federal law, you typically have two years from the date of the discriminatory act to file a claim. In New York, claims under state law must generally be filed within three years. It’s crucial to act promptly to preserve your rights.

How We Handle Unequal Pay Cases

At Tuckner Sipser Weinstock & Sipser, we take the time to understand your unique circumstances and create a strategy designed to achieve results. Our process includes:

  • Case Evaluation: We assess the facts of your case to determine the best course of action.
  • Evidence Gathering: We collaborate with you to collect documents, statements, and other evidence to support your claim.
  • Legal Filing: We prepare and file complaints with the appropriate agencies or courts to protect your rights.
  • Resolution: Whether through negotiation or litigation, we fight to secure fair compensation for you.

Contact Us Today – Schedule A Free Consultation With An Experienced Unequal Pay Attorney

If you’re facing pay discrimination, don’t wait to take action. Call us at 212-766-9100 or fill out our online contact form to schedule a free consultation with an experienced unequal pay attorney. Wage discrimination is not just unfair—it’s illegal, and we’re here to help you fight for the pay you deserve.


More Information

Click here for a condensed transcript of Jack Tuckner’s presentation on Gender Pay Equity on a panel with United States Congresswoman Carolyn Maloney, National Organization for Women NYC Chapter President Sonia Ossorio and lawyer/activist Liz Abzug at the American Association of University Women’s New York chapter.

Click here to read an Equal Pay Act journal article, written for a general readership.

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