What is Gender Pay Discrimination?

Author: Mesriani Law Group
Posted on: February 5, 2021

People often confuse the terms sex and gender. Although they are related, sex and gender have two different meanings. The term sex refers to a person’s biological attributes (male or female). On the other hand, the term gender refers to the sex that a person most closely identifies with.

In California, the term gender pay discrimination refers to the unequal pay to an individual based on gender. Both state and federal employment laws protect employees or job seekers from gender pay discrimination.

California Equal Pay Act (EPA)

California has numerous employment laws that protect employees including the California Equal Pay Act (EPA). The EPA states that an employer cannot pay an employee at a lesser wage rate than employees of the opposite sex or gender.

According to the EPA, employees must be paid equally if they are performing substantially similar work. It’s important to note that pay does not only include your salary. In California, pay refers all the compensation that’s part of your employment including but not limited to minimum wage, overtime pay, vacation pay, holiday pay, rest and meal breaks, jury duty pay, voting leaves, severance packages, or any other related benefits.

In addition to the EPA, there are other several other laws that protect employees from gender pay discrimination. Laws such as Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act of 1990, and The Age Discrimination in Employment Act of 1967 prohibit employers to discriminate against employees. These employment laws protect California employees and ensure they receive fair compensation from their employers.

Proving Gender Pay Discrimination

Under California law, an employer must pay employees equally for a substantially similar job. However, the job does not have to be identical.

To determine if your employer violated California employment laws, several guidelines can be used to compare one job to another. When evaluating the contents of each job, several aspects should be considered including responsibility, skill level, effort, work location, and work environment.

Under California Labor Code § 1199.5, any employer who pays an employee a wage less than the rate to an employee of another gender may be fined up to $10,000 for the first offense. Additionally, the employer may face up to 6 months of jail time for a second offense.

To strengthen your claim, you need as much evidence as possible. With the help of a gender discrimination law firm, you can rest assured that an experienced attorney will help you every step of the way. From gathering essential documents to obtaining critical video footage, Mesriani Law Group has the knowledge and resources to help our clients obtain justice.

Contact a Gender Discrimination Attorney Today

California employees deserve equal pay for equal work. But sometimes employers fail to fairly compensate employees based on gender. If you’re the victim of gender pay discrimination, you have the right to file a claim against your employer. Our Los Angeles gender discrimination attorneys have over two decades of experience fighting for employee rights and have obtained the maximum compensation for our clients. Contact Mesriani Law Group today for a legal consultation.