EQUAL PAY & THE RIGHT TO FAIR COMPENSATION
THE EQUAL PAY ACT (EPA) & OTHER EQUAL PAY PROTECTIONS
There are several pieces of legislation at the federal level that protect Tampa employees from unfair compensation based on sex, age, race, and various other social parameters. The primary Acts are covered below.
FAIR PAY FOR WOMEN
President John F. Kennedy signed the Equal Pay Act into law on June 10, 1963. As the foundation for the Civil Rights Act of 1964, to this day, it continues to be a major basis of employment lawsuits. The Equal Pay Act requires that an employer cannot pay employees more, or less, based on sex.
As you can imagine, this typically involves women being paid less than men – but both sexes are protected. Additionally, the EPA does not just cover salary and wages but all aspects of employee compensation – reimbursement of expenses, health insurance, etc.
WHEN THE EPA APPLIES
- When the actual work being performed – regardless of job title – is equal.
- When there is not an additional factor determining the imbalance – such as higher pay based on seniority or merit.
FAST-TRACK RESOLUTION
Unlike some other employment discrimination violations, you can sue your employer without first exhausting your administrative remedies via the Equal Employment Opportunity Commission (EEOC).
FAIR PAY FOR THE DISABLED, FOR THE YOUNG & OLD
Two other federal Acts protect individuals from employment discrimination on the basis of age or disability. The Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), Title I.
A TWO-STEP PROCESS
For complaints related to either of these two categories, you are required by law to first exhaust your administrative remedies by filing a charge with the EEOC and letting the Charge process be concluded before filing a lawsuit. However, an attorney is likely needed to help walk you through that process so that it moves as quickly and smoothly as possible. It’s not uncommon for someone affected by discrimination to wait too long to file a Charge, or make some other critical error during the administrative stage of their lawsuit. Therefore, having a lawyer from the onset is necessary in discrimination cases.
FAIR PAY FOR EVERY RACE, CREED & ETHNICITY
The Civil Rights Act of 1964, Title VII (often referred to simply as Title VII), covers all bases of pay inequality – disability, race, religion, age, color, national origin, and sex. As you can see, there are multiple protections for disability, age, and sex – but this Act covers most.
The headings directly above this section, “A Two-Step Process” and “Inequality is OK,” also apply to Title VII.
EMPLOYMENT ATTORNEY FOR EQUAL PAY & RIGHT TO FAIR COMPENSATION
You have the right to do something about unfair wages. If you feel as if you are not receiving equal pay or your right to fair compensation for the work you perform, then call our office today for your free initial case evaluation now!
EQUAL PAY & THE RIGHT TO FAIR COMPENSATION RESOURCES
FREQUENTLY ASKED QUESTIONS
Do equal pay laws apply to race as well as gender?
Yes. While the federal Equal Pay Act addresses gender-based pay differences, both Title VII of the Civil Rights Act and the Florida Civil Rights Act prohibit unequal pay based on race, color, religion, sex, or national origin. Employers cannot lawfully pay workers differently because of their race.
If you suspect you are being paid less because of your race, the Florida employment discrimination attorneys at Wenzel Fenton Cabassa, P.A. can help you understand your rights and options for recovery.
Can my employer pay employees of different races differently for the same job?
No. Paying employees differently based on race is unlawful. Workers performing the same or substantially equal job duties must be compensated equally, regardless of race.
If you’ve noticed pay disparities tied to race in your workplace, the attorneys at Wenzel Fenton Cabassa, P.A. can evaluate your claim and fight for accountability.
What if a woman is paid less than a man?
If a woman is paid less than a man for doing the same or substantially similar work, that may violate the Equal Pay Act, Title VII, or Florida Civil Rights Act. Employers must justify pay differences with legitimate factors like experience, education, or performance — not gender.
If you believe you’ve been underpaid compared to male coworkers, the equal pay attorneys at Wenzel Fenton Cabassa, P.A. can help you pursue the wages you’re owed.
Can I sue if I am paid less than my coworker of the opposite sex?
Employees who are paid less than coworkers of the opposite sex for equal work may file a claim under the Equal Pay Act and related discrimination laws. Remedies can include back pay, liquidated damages, and attorney’s fees.
If you’ve discovered unequal pay, the attorneys at Wenzel Fenton Cabassa, P.A. are experienced litigators who can help you take legal action to recover what you’ve earned.
How do you prove unequal pay?
To prove unequal pay, employees often compare their wages to coworkers who perform substantially equal work. Job titles do not need to match — what matters are the actual duties, skills, and responsibilities. Pay records, job descriptions, and performance reviews may all serve as evidence.
If you’re unsure whether you have enough proof, the equal pay attorneys at Wenzel Fenton Cabassa, P.A. can help evaluate your claim.
What are some examples of equal pay violations?
Examples include:
- Paying employees of certain genders or races less for the same job duties.
- Offering unequal bonuses or commissions based on gender or race.
- Paying employees unequally for the same sales, accounts, or projects.
If you’ve seen patterns like these in your workplace, Wenzel Fenton Cabassa, P.A. can help you hold your employer accountable for pay discrimination.
Can bonuses, commissions, or stock options be unequal based on gender?
No. Employers must provide equal pay for equal work in all forms of compensation — not just salary. That includes bonuses, commissions, stock options, overtime rates, and benefits. Paying women less than men (or employees of one race less than others) in these areas may violate federal and Florida law.
If your compensation package is unequal because of gender or race, the equal pay attorneys at Wenzel Fenton Cabassa, P.A. can help you pursue justice.
What is the statute of limitations for an equal pay claim in Florida?
Employees generally have 2 years to file a claim under the federal Equal Pay Act (EPA), or 3 years if the violation was willful. Each discriminatory paycheck is considered a new violation under the Lilly Ledbetter Fair Pay Act, which means the clock resets with each unequal paycheck.
In addition, you may also bring a claim under Title VII of the Civil Rights Act or the Florida Civil Rights Act, which require filing a charge with the EEOC within 300 days or the Florida Commission on Human Relations within 365 days.
If you believe you’ve been paid less because of your gender or race, it’s important to act quickly. The employment attorneys at Wenzel Fenton Cabassa, P.A. can help you protect your rights and meet critical deadlines.
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