Pay Discrimination Lawyers in New York for Unequal Pay

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, and 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.

Take the first step toward 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.

Common Justifications for 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.

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. The 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.
• 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.
• Prohibiting Retaliation: Employers are prohibited from retaliating against employees who inquire about, discuss, or disclose their wages.

How Do You Prove an Unequal Pay Claim?

Winning an unequal pay case requires presenting evidence that your employer violated the law. At Tuckner Sipser Weinstock & Sipser, 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.

Our goal is to identify patterns of unequal treatment and use evidence to advocate for fair compensation.

Working with an Equal Pay Attorney

There are exceptions and distinctions within the law that need to be examined on a case-by-case basis. The victim must prove that the individual’s job, compared with his or her coworker working in the same establishment, demands equal skill, effort, and responsibility and is performed under similar working conditions. If the jobs are determined to be truly “equal” and there is a benefit discrepancy in favor of one sex and to the detriment of the other sex, a complaint may be filed alleging violations of the EPA as well as sex discrimination under Title VII of the federal law.

How We Help In Unequal Pay Matters

Once we learn about the facts and circumstances of your case, we can advise you as to the possible remedies that may be available. Often, this will consist of filing federal and state claims under the various laws and regulations that may provide protection.

What Should You Do If You Suspect Unequal Pay?

If you believe you are being paid unfairly, acting quickly and strategically is essential. Here are the steps we recommend:

• Document the Discrepancy: Keep records of your pay, job duties, and any relevant communications about wages or job responsibilities.
• Research Pay Transparency Laws: In New York City, the Pay Transparency Law requires employers to disclose salary ranges in job postings. Compare your compensation to these postings to identify potential disparities.
• Speak with a NYC Unequal Pay Attorney: Before raising the issue with your employer or filing a complaint with a government agency, consult with an attorney. Filing prematurely or incorrectly could limit your legal options.
• File a Complaint: Depending on the circumstances, you may file a claim with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, or pursue a lawsuit in court.

Remedies for Unequal Pay Claims

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 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, 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.