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Can I sue for being paid less than my coworkers?

On Behalf of | Sep 13, 2024 | Employment Law |

In today’s competitive job market, understanding your rights regarding pay equity is crucial. Workers often wonder if they can take legal action when they discover they are being paid less than their coworkers for similar work.

Understanding pay equity

Pay equity is a legal requirement under the Equal Pay Act that ensures all employees receive equal pay for equal work, regardless of gender, race, or other protected characteristics.

Reasons for pay discrepancies

Employers can sometimes justify differences in pay among coworkers doing the same job due to a few characteristics:

  • Seniority or tenure: An employee with a longer service record might result in higher pay.
  • Merit: Any employees who get performance-based pay increases may result in differences in wages with employees who do not get these increases. 
  • Education or training: Higher qualifications might justify higher earnings.

Evaluating your situation

Before taking any action, it’s important to thoroughly evaluate your situation. Consider whether the pay difference is based on clear and legitimate factors. If these factors don’t seem to apply, it may be helpful to discuss the issue directly with your employer or HR department to seek clarification and potentially resolve the matter internally. 

This approach can often lead to a better understanding and, in some cases, a positive resolution to your wage claim without the need for further steps.

The role of documentation

It’s important to gather as much information as possible. Document your work and your pay, and compare it to that of your coworkers with similar roles and responsibilities. 

Understanding your rights and evaluating the strength of your claim are crucial steps in determining the most effective course of action.

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