Pay Disparities and Equal Pay Act Violations

Equal work deserves equal pay. But across the country—and across industries—employees are still paid differently based on gender, race, or ethnicity. If you’re earning less than someone doing the same job, you may be the victim of wage discrimination. At Leeds Brown Law, we help workers in New York uncover unfair pay practices and pursue justice under federal and state Equal Pay laws.

What Is a Pay Disparity?

A pay disparity occurs when an employee is paid less than another employee for performing substantially equal work. The roles must require similar skill, effort, and responsibility, and be performed under similar working conditions. A difference in pay that’s based on gender, race, or another protected category—rather than merit—is illegal. Examples include:

• A woman earning less than a male colleague in the same job title with equal qualifications
• A Black or Latino employee paid less than white coworkers doing comparable work
• Being excluded from raises or bonuses while others with similar or less experience receive them
• Receiving unequal pay after returning from maternity leave

Legal Protections Against Unequal Pay

Several laws protect employees from pay discrimination:

• Equal Pay Act of 1963 (EPA): Requires equal pay for men and women doing substantially equal work in the same establishment.
• Title VII of the Civil Rights Act of 1964: Prohibits pay discrimination based on race, color, religion, sex, or national origin.
• New York Equal Pay Law: Extends protections to all protected categories and allows for broader comparisons across job titles.
• New York City Human Rights Law: Provides expansive protections against compensation bias and mandates transparency in job postings.

How to Know If You’re Being Underpaid

You may be experiencing a wage disparity if:

• Colleagues with similar roles are earning more despite equal or less experience
• You were hired at a lower starting salary and never caught up
• Your job duties have increased, but your pay hasn’t adjusted
• You’re discouraged from discussing wages with coworkers (which is illegal in NY)

New York law allows employees to freely discuss compensation with others, making it easier to discover wage disparities.

Building a Legal Case

To prove a pay discrimination claim, you typically need to show:

1. You perform substantially equal work as another employee
2. You are paid less than that employee
3. The difference is based on a protected category (e.g., sex, race, age) and not on a legitimate reason

Legitimate reasons can include seniority, education, or performance—but the burden is on the employer to prove them.

Compensation and Remedies

If your Equal Pay rights have been violated, you may be entitled to:

• Back pay for lost wages and benefits
• Liquidated damages equal to back pay under the EPA
• Compensation for emotional distress
• Attorney’s fees and court costs
• Job reinstatement or promotion

Industries Where We See Pay Inequality

We have handled Equal Pay claims in many fields, including:

• Law firms and corporate offices
• Healthcare and education
• Retail, restaurants, and hospitality
• Finance, tech, and sales

Even where pay structures seem standardized, hidden disparities can persist.

Why Choose Leeds Brown Law?

We are a leader in employment law and have successfully litigated Equal Pay and wage discrimination cases in both federal and state courts. Our attorneys know how to investigate compensation practices, analyze HR policies, and build a strong claim supported by data and legal precedent. We treat every client with respect, confidentiality, and fierce advocacy.