New York Compensation Discrimination Lawyer
Compensation discrimination occurs when an employer or other covered entity treats employees different in the terms and conditions of compensation. In other words, equal pay for equal work. As employee compensation packages become more complex including salary, stock options, employee stock ownership programs (ESOP) etc., the laws that govern compensation discrimination will only become more important. The Sanders Firm, P.C., is available to advise and represent employees alleging compensation discrimination in employment.
Equal Pay Act of 1963 (EPA)
The Equal Pay Act of 1963, aka the “EPA” protects female employees from being treated differently in the terms and conditions of compensation despite performing equal work. The EPA does not require that the jobs be identical but, must be substantially equal in content. If there is a pay disparity, the employer may not reduce the wages of either sex to equalize their pay. An employee alleging violations of the EPA may sue directly in federal court. Such affected employee may also consider claims of gender discrimination.
Other Types of Discrimination
Although the EPA does not cover race, color, religion, national origin, age or disability, affected employees may consider claims under Title VII, the ADEA, or the ADA. Under those statutes, employees must not be treated unfavorably in the terms and conditions of compensation, etc. Also, there is no requirement that the jobs must be substantially equal.
State and City Laws
The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) applies to employers with 4 or more employees and offers broader protections. In 2005, the New York City Council explicitly rejected the notion that the NYCHRL is equivalent to its federal counterparts, despite any textual similarities between them.
Often employees or applicants will pursue claims of discrimination under Title VII, the ADEA, the ADA, the NYSHRL and NYCHRL and in some cases, the Civil Rights Act of 1866, 42 U.S.C. § 1981 and/or Civil Rights Act of 1871, 42 U.S.C. § 1983. The Sanders Firm, P.C., is experienced in handling such matters.
If you feel that you’ve been the victim of compensation discrimination, or would like to have an attorney review your documents to ensure that your rights are protected, contact the New York Compensation Discrimination Lawyer at The Sanders Firm, P.C., 800-371-4835, today.