Unequal Pay and Gender Discrimination
The gender pay gap refers to the average difference between wages earned by male workers and wages earned by female workers. The Pew Research Center reports the pay gap in the United States has remained steady over the past 20 years. In 2022, women earned an average of 82 percent of what men earned (82 cents for every dollar earned by a man).
Workers receiving unequal pay based on gender should consider their legal options regarding equal compensation. The gender discrimination lawyers at Chanfrau & Chanfrau assist workers in Daytona Beach, FL, Palm Coast, FL, and surrounding areas in holding employers accountable for losses related to workplace discrimination.
Laws Prohibiting Gender Discrimination
State and federal laws prohibit employers from treating employees or job applicants inequitably due to their gender or sex. Federally, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. The Florida Civil Human Rights Act further protects workers in the state. The act makes it illegal for employers to discriminate based on race, color, religion, sex, national origin, age, handicap, or marital status.
Is Unequal Pay a Form of Gender Discrimination?
Under the regulations of Title VII and the Florida Civil Human Rights Act, unequal pay is a form of gender discrimination. Both acts prohibit employers from considering gender when making any workplace decisions, including decisions regarding:
- Hiring and firing
- Promotions and demotions
- Job classification or job assignments
Gender discrimination applies when unequal pay is due to the employee’s gender. For instance, if an employer pays a female worker less than a male coworker who has equal experience and skill, and whose job requires equal effort and responsibility, that is an example of gender discrimination.
Can You Sue for Unequal Pay and Gender Discrimination?
Employees receiving unequal pay for work that is substantially similar to that of a coworker can pursue a gender discrimination lawsuit. The lawyers from Chanfrau & Chanfrau work with our Daytona Beach clients to gather evidence necessary to prove an unequal pay claim. Sources of evidence may include:
- Pay stubs
- Employer wage records
- Copies of the employer’s job description or employment contract
- Performance reviews
Potential Damages in Gender Discrimination Lawsuits
Workers who prove they received unequal pay based on gender may be due substantial financial compensation. The types of damages awarded in a gender discrimination lawsuit depend on the details of the situation, but they may include:
- Unpaid wages (based on the amount of the wage gap)
- A penalty in the same amount as the unpaid wages
- Compensatory damages for emotional pain and suffering
- Attorney and legal fees
Contact Our Practice
Employers often fight hard to deny claims of unequal pay and gender discrimination. The lawyers at Chanfrau & Chanfrau have the knowledge and experience to prove that an employee’s rights have been violated. To find out how our legal team can assist you in holding an employer accountable for losses related to unequal pay and gender discrimination, contact our practice online or call (386) 258-7313 and schedule a consultation at your earliest convenience.