What if a woman is paid less than a man?

If you’ve discovered (or strongly suspect) that you’re being paid less than a male coworker for the same job or substantially similar work, it’s not just frustrating; it may also be illegal.

In Florida (including Tampa, St. Petersburg, Sarasota, Orlando, Miami, and Jacksonville), unequal pay can fall under a few overlapping legal protections, including the Equal Pay Act and Title VII.

Quick answer: Is it illegal for a woman to be paid less than a man?

Sometimes yes, sometimes no, it depends on the reason.

It’s likely illegal if…

A woman is paid less because of sex (gender) or the employer can’t justify the difference with lawful factors.

It may be legal if…

The pay difference is genuinely based on things like:

• a seniority system
• a merit system
• a system measuring earnings by quantity or quality of production
• another legitimate “factor other than sex” (for Equal Pay Act claims)

That said, employers often say the reason is “experience” or “performance,” but the details don’t match reality. The equal pay lawyers at Wenzel Fenton Cabassa, P.A., are focused exclusively on employment law and have over 200 years of experience analyzing compensation structures, comparator evidence, and employer defenses in gender pay discrimination cases.

The 2 primary legal paths for combating unequal pay and why you may have more than one claim

1) Equal Pay Act (EPA)

The Equal Pay Act prohibits sex-based wage discrimination when men and women in the same establishment perform jobs requiring substantially equal skill, effort, and responsibility under similar working conditions.

Key point: the jobs do not have to be identical because “substantially equal” is the standard.

2) Title VII – sex discrimination in compensation

Title VII also makes it illegal to discriminate in pay and benefits based on sex, and a situation that qualifies under the EPA can also qualify under Title VII.

Title VII can matter a lot when:

• The jobs aren’t “substantially equal,” but the pay decision still appears discriminatory, or
• You’re seeing patterns in promotions, opportunities, and compensation decisions.

“Same job” doesn’t mean “same title” – how comparisons work

Employers often use job titles as an excuse, but under federal pay laws, titles alone are not the driving factor. Our experienced equal pay lawyers routinely analyze what employees actually do, not how roles are titled, to determine whether work is substantially similar under federal and Florida law.

A strong comparison usually includes:

• similar core responsibilities – what you do daily
• similar skill/effort/responsibility
• same department/team or similar operational context
• similar working conditions – shift, location, hazard level, etc.
• similar performance expectations

Example

If you’re both “Account Manager” but one person handles key accounts, supervises others, or has advanced licensing, then roles may not be substantially equal.

But if your titles differ (Coordinator vs Specialist), yet your day-to-day tasks, goals, and responsibilities are basically the same, you may still have a strong comparison.

Common red flags that suggest sex-based pay discrimination

If you’re seeing these, it’s time to document aggressively:

1) You do substantially the same work, but only women are consistently paid less

A pattern matters more than a single comparison.

2) The explanation keeps changing

“Budget” becomes “performance,” then “experience,” then “policy.” 

3) Raises and promotions don’t match performance

If your reviews are strong and responsibilities increased, but pay didn’t, it’s harder for the employer to justify the gap.

4) You’re told to keep pay quiet (or punished for asking)

Even if unequal pay is the main issue, retaliation can become a bigger legal problem.

5) A male coworker was hired later and came in higher… without a clear reason

It can be lawful, but when newer hires consistently come in at a higher rate of pay, and the explanation doesn’t hold up or is applied unevenly, it may warrant suspicion.

Legal reasons employers use and how to test whether they’re real

Employers typically justify pay gaps with some version of:

“He has more experience.”

Ask yourself: Experience doing what? Is it relevant to the role? Is it documented?

“His performance is higher.”

Ask yourself: Based on what metrics? Are the metrics consistent for everyone? Are you being evaluated the same way?

“He negotiated better.”

This can happen, but if negotiation is consistently used to justify only men being paid more, it can still become evidence of a broader discriminatory compensation practice.

“The market rate changed.”

Sometimes true. But it should show up in job postings and salary bands, not just a verbal excuse.

What evidence helps most in an unequal pay case

You don’t need “perfect” evidence, just enough to show a credible, documented story.

The strongest evidence usually includes:

• Pay stubs/compensation statements (base pay, bonuses, commissions, benefits)
• Your offer letter
• Job postings showing pay ranges (screenshots)
• Performance reviews and metrics
• Org charts/role descriptions or task lists
• Emails/messages about pay, raises, promotions, or changing explanations
• A timeline of when you learned about the gap, who you spoke with, and what changed afterward

You do not need to have any evidence at all before reaching out. If you have concerns about unequal pay, it’s worth having the situation reviewed by an experienced pay discrimination lawyer. The attorneys at Wenzel Fenton Cabassa, P.A., have extensive experience evaluating whether employer pay practices may violate federal or Florida law.

Deadlines in Florida (EEOC + FCHR)

In general, the EEOC deadline is 300 days. 

Florida Commission on Human Relations (FCHR) deadline (365 days)

Florida’s state filing deadline is generally 365 days from the alleged unlawful practice.

Don’t wait. The employment lawyers at Wenzel Fenton Cabassa, P.A., regularly handle EEOC and FCHR charges and know how to manage filing requirements and ensure critical deadlines are identified and preserved. Your employer has a lawyer — you should too.

Compensation and outcomes (what a claim may address)

Depending on the facts and legal path, pay discrimination cases may involve:

• back pay – the difference you should have been paid
• lost benefits/bonuses tied to compensation
• compensation tied to retaliation or termination if it occurred

No two cases are identical, so the goal is to identify the strongest path with the facts of your situation. 

Bottom line

If you suspect your employer violated the Equal Pay Act, the important next step is determining whether the facts support a pay discrimination claim. An experienced equal pay lawyer can evaluate the situation, identify which legal protections apply, and determine whether action may be appropriate.

The equal pay lawyers at Wenzel Fenton Cabassa, P.A., focus exclusively on representing employees and have more than 200 years of combined experience evaluating compensation practices, comparator evidence, and employer defenses. A confidential case evaluation can clarify whether unlawful pay discrimination may be occurring.

If you’re in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, or anywhere throughout Florida, and you have any concerns about your pay, contact an employment lawyer in Tampa.

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