Pay Discrimination Lawyers in New York City 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; 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.

How 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.
• 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 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 a NYC Equal Pay Attorney

Addressing pay disparities requires a detailed understanding of both federal and New York City laws. Exceptions and distinctions within the law must be carefully analyzed on a case-by-case basis. To succeed in an equal pay claim, the individual must demonstrate that their job, compared to a coworker of the opposite sex within the same workplace, requires equal skill, effort, and responsibility, and is performed under similar working conditions. If the roles are deemed genuinely “equal” and a pay disparity exists favoring one sex over the other, legal action may be taken under the federal Equal Pay Act (EPA) and New York City’s Human Rights Law (NYCHRL), which also prohibits sex-based wage discrimination. Additionally, such discrepancies may violate Title VII of the Civil Rights Act, further supporting the claim.

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 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.

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.

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