Gender pay discrimination remains a pervasive issue in many workplaces, leading to unfair treatment and significant financial disparities. Understanding how to prove gender pay discrimination and the legal steps involved is crucial for employees seeking justice.

This blog will explore the evidence needed and the legal actions available to address gender pay discrimination, and how PLBH can assist you in this process. Contact us at (800) 435-7542 for a legal consultation.

Identifying Gender Pay Discrimination

What is Gender Pay Discrimination?

Gender pay discrimination occurs when employees are paid differently based on their gender for performing substantially similar work. Key indicators include:

  • Differences in salary, bonuses, or benefits
  • Discrepancies in promotions or raises
  • Unequal opportunities for training or advancement

Gathering Evidence


Collecting comprehensive documentation is essential to proving gender pay discrimination. Important records to gather include:

  • Pay Stubs and Contracts: Obtain copies of your pay stubs, employment contracts, and any relevant financial records.
  • Job Descriptions: Gather job descriptions for your role and those of colleagues in similar positions.
  • Performance Reviews: Keep records of your performance reviews, highlighting your achievements and contributions.

Comparative Analysis

To demonstrate pay disparities, compare your compensation with that of employees of a different gender performing similar work. Consider the following:

  • Similar Roles: Identify colleagues with similar job titles, responsibilities, and qualifications.
  • Experience and Education: Compare levels of experience, education, and relevant skills.
  • Work Output: Document any differences in work output or performance, if applicable.

Witness Testimony

Witnesses can provide valuable support for your claim. Potential witnesses include:

  • Colleagues: Coworkers who can attest to pay disparities or discriminatory practices.
  • Former Employees: Individuals who previously worked at the company and experienced similar issues.
  • HR Representatives: Human Resources personnel who may have insights into company pay practices.

Legal Framework

Equal Pay Act (EPA)

The Equal Pay Act (EPA) requires that men and women receive equal pay for equal work. The jobs do not have to be identical but must be substantially equal in terms of skill, effort, responsibility, and working conditions.

Title VII of the Civil Rights Act

Title VII prohibits discrimination based on sex, which includes compensation discrimination. It covers all aspects of employment, including hiring, firing, and pay practices.

California Equal Pay Act

The California Equal Pay Act provides additional protections, requiring employers to pay employees of different genders the same wage for substantially similar work. The law also prohibits retaliation against employees who inquire about or discuss wages.

Steps to Take

Internal Reporting

Before escalating to legal action, consider addressing the issue internally:

  • Speak to HR: Report the pay disparity to your HR department or a designated company representative.
  • Provide Evidence: Present your documentation and comparative analysis to support your claim.

Filing a Complaint

If internal reporting does not resolve the issue, you can file a complaint with the appropriate agencies:

  • EEOC: File a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
  • DFEH: File a complaint with the California Department of Fair Employment and Housing (DFEH).

Legal Action

If agency complaints do not lead to satisfactory resolution, consider pursuing legal action:

  • Consult an Attorney: Seek legal advice from an experienced employment law attorney at PLBH.
  • File a Lawsuit: Your attorney can help you file a lawsuit against your employer for gender pay discrimination.

How PLBH Can Help

Comprehensive Legal Support

At PLBH, we are committed to protecting employees’ rights and ensuring fair treatment in the workplace. Our services include:

  • Case Evaluation: Assessing your situation and determining the strength of your claim.
  • Legal Guidance: Providing expert advice on the best course of action.
  • Representation: Advocating for your rights in negotiations, mediations, or court proceedings.
  • Support: Offering continuous support and updates throughout your case.

Take a Stand for Fair Pay

Gender pay discrimination undermines equality and fairness in the workplace. If you suspect you are a victim of pay discrimination, taking action is crucial. Contact PLBH at (800) 435-7542 for a consultation and let us help you secure the compensation and justice you deserve.