} The majority of wage discrimination charges are filed under Title VII of the Civil Rights Act of 1964. According to the Bennet Amendment to Title VII, these affirmative defenses apply to claims under both Title VII and the EPA. Samira Ahmed has won her equal pay claim against the BBC in a landmark case that lawyers say could leave the broadcaster facing a bill running into . Here are 4 real-life stories of employees who had their wages illegally withheld from them. Many laws that prohibit employment discrimination, such as Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (ADA), permit employees to recover money damages for the. They can recover the amount of wages wrongfully withheld by their employer, along with other damages. This can be based on factors such as gender, race, or even political affiliation. For example, an employer can say that the difference in wages between a man and woman with a substantially equal job is based on the quality of output or seniority. Seymour Midwest, a Warsaw, Ind. discriminatory application of a wage policy or system, or wage-setting techniques that are discriminatory. The law surrounding wage discrimination protects all forms of compensation from inequality, including salary, overtime pay, stock options, bonuses, life insurance, travel expenses, vacation pay, benefits, profit sharing, and more. This wage discrimination lawsuit claims that Interim Health Care established annual wage limits for female workers. Created byFindLaw's team of legal writers and editors Protect your rights and find out if you have an employment discrimination claim. Most often the disparities in wages occur among traditionally discriminated groups such as women and minorities. Gender-based wage discrimination claims are also filed under the Equal Pay Act. The Supreme Court employment cases encourage a discrimination-free work place. Call (856) 685-7420 or. Black and Hispanic women experience the largest pay gaps. Tel: 310-860-0770 a seemingly fair compensation policy or practice that has a significantly negative impact on employees in a protected class without a demonstration that the policy or practice is job-related and consistent with business necessity. Mia Ives-Rublee. Shegerian & Associates, All Rights Reserved. Firms, Complaint For Employment or Workplace Discrimination and Sexual Harassment, Employment Discrimination: U.S. Supreme Court Cases. The U.S. Department of Labor's Office of Federal Contract Compliance Programs entered into a conciliation agreement with AstraZeneca to resolve alleged race and gender-based pay discrimination affecting 318 female and Hispanic employees working out of its North American commercial headquarters near Wilmington. In the case of punitive damages, the amounts that can be awarded are limited to: $50,000 for companies with 50-100 employees. 650 California Street, #4-137, All rights reserved. certified class of over 2,000 female associates and vice-presidents challenging systemic discrimination in pay, promotions, and performance reviews: United States District Court for the Southern District of New York: 2018 Chrapliwy v. Uniroyal, Inc. segregated hiring and seniority system: United States Court of Appeals for the Seventh Circuit . To combat wage discrimination effectively, it is vital to recognize the diverse ways pay disparities arise in the workplace and to pursue a wide range of strategies in response. Advancing Racial Equity and Justice, Building an Economy for All, Strengthening Health and Ending the Pandemic, Employment Non-Discrimination Act, Faith and Equality, Income Inequality, LGBTQ Rights, Racial Equity and Justice, Wages, Women, Womens Issues+8More, Senior Director, Safety and Justice Campaign and Director, State and Local Government Affairs, Associate Director, State and Local Government Affairs. Workers with disabilities earn about 37% less than workers without disabilities, or about 63 cents for every dollar. However, reviewing past cases could provide claimants with important insight. (2015) contend that the analysis of the gender wage gap has been an active subject within the socio-economic domains around the world. NJ Diane B. Allen Equal Pay Act. where the employer was self-insured against worker's compensation claims), counsel should characterize as much of the settlement money as possible as non-wage-loss money. Depending on the size of the organization you work for and whether it is a federal contractor or subcontractor, you may be able to submit a claim under more than one law if you feel you have experienced pay discrimination based on sex. Enter the username or e-mail you used in your profile. Gutierrez instead follows wage and hour cases that held it was inappropriate to sustain a demurrer without leave to amend. 10 anchor Reginald Roundtree accused the station and its parent . In some states, the disparity is even higher, according to theAmerican Institutes for Research. Equal Employment Opportunity Commission (EEOC) makes it clear that the jobs do not have to be identical nor does it depend on job titles. Affirmative defenses for wage differentials might be that the differences are based on a seniority or merit system or that they are based on the quantity or quality of production. Pay Equity - Cases. Pay disparities persist across many different groups. on february 3, 2021, the u.s. equal employment opportunity commission (eeoc) - an agency that advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination - announced that two hotel management firms would pay $400,000 and provide extensive non-monetary relief to settle an equal pay discrimination lawsuit New Jersey's administrative agency that handles claims of discrimination is the Division on Civil Rights ("DCR"). Kaitlin Holmes is a research assistant for the Womens Initiative at the Center. Schedule an appointment today. Lots of questions can arise inside the context of wage retaliation and wage discrimination cases. According to the Institute for Womens Policy Research, women earn less than men in almost every occupation, including those dominated by women like nursing. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Kangela Moore worked as a school safety agent for more than two decades until she found out that she was making $7,000 less than men working similar jobs. Age It is against the law for people to pay older workers less than younger workers if they are doing a substantially similar job. In addition, Title VII covers all employment processes. Equal pay laws apply to pay differences based on gender, race, religion, age, or disability. Some recent cases include: A lower salaryCovenant HealthCare was ordered to pay $104,707 to settle a wage discrimination suit after violating the EPA and Title VII. Here are three unusual examples of tribunal cases that demonstrate the different forms discrimination can take. Depending on the case, she might agree to represent you for a percentage of the award. Hispanic women would have to wait until 2248 and black women would have to wait until 2124. 2022 Copyright KBA Attorneys | Privacy Policy | Terms of Service Legal Disclaimer: This site may contain advertising the content of which attorney Brian Ketterer is responsible. Their manager tells them that their pay is based on their sales; the more they sell, the more they make. The U.S. Supreme Court has tackled this issue on various occasions and strives to promote working conditions that allow employees to work without the threat of unfair treatment. U.S. Department of Labor200 Constitution Ave NW, Washington, DC 202101-866-487-2365 | TTY 1-877-889-5627, Learn about filing a complaint with the Office of Federal Contract Compliance Programs (OFCCP), Learn about filing a complaint with the U.S. In 2020, a case against Oracle was also granted class certification. While women deal with the systematic problem of unequal pay, many others also experience compensation discrimination at work. The women and men's team both play the same amount yet the men earn more. Rather, since Title VII prohibits discrimination in compensation, an employer can be liable even if there is no member of the opposite sex in a substantially equal position being paid more than the complaining employee. But the data tell a different story. Therefore, it is not surprising that employment discrimination is a major civil rights violation. 493 Words; 2 Pages; Open Document. Use this form to start your conversation with Ketterer Browne and Anderson. Sex discrimination, against men and women alike, continues to be a problem in the 21st century workplace,EEOC Acting Chairman Stuart J. Ishimaru said in astatementat the time. After being bypassed for a bonus again in 2011, she requested a market analysis on the company and was subsequently fired. Tel: 951-888-8881 Pay discrimination occurs when an employee is paid differently from others because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information. The case is ArrMaz Products Inc. and the International Chemical Workers Union Council of the United Food and Commercial Workers, case number 12-CA-294086, before the National Labor Relations Board . Get started by contacting an attorney well-versed in discrimination claims. #4 Settle or Lawsuit. Best Workplace Discrimination Lawyer Answer: An employee need not prove the wage disparity was based on a protected class as the initial burden of proving discrimination is met solely by presenting evidence a wage differential between someone in the protected class and an employee outside that class who is performing equal work. The reason is that an employer can argue the difference in pay was justified by the exclusions in the Equal Pay Act. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Compared to non-Hispanic white men, white non-Hispanic women are paid 81 cents on the dollar and Asian women are paid 88 cents on the dollar, the institute wrote. Often referred to as the wage gap, wage disparities between men and women have been skewed towards male workers since the beginning of the industrial age and become more apparent after World War II when women began entering the workforce in large numbers. Access to Affordable Early Care and Education, { document.getElementById('search-form').focus(); }, 300);">. The law surrounding wage discrimination protects all forms of compensation from inequality, including salary, overtime pay, stock options, bonuses, life insurance, travel expenses, vacation pay, benefits, profit sharing, and more. Map It! on april 1, 2019, the u.s. equal employment opportunity commission (eeoc) - the agency that enforces federal laws prohibiting employment discrimination - announced that a manufacturer of diesel engines, cummins, inc., will pay $77,500 to settle an eeoc equal pay discrimination lawsuit for allegedly paying a female employee less than a male Los Angeles, California 90012 She sued the city along with 5,000 other school safety agents. Last year, a jury determined that Tesla owed Owen Diaz $137 million . It requires that employers reward men and women equal pay for equal work. The ADEA deals with discrimination in hiring, statements on age preferences, denial of benefits for older employees, and mandatory retirement. Map It! In these cases, often victims never see the money they are owed. In employment discrimination cases, eligibility for punitive damages is characterized in terms of a defendant's motive or intent, and defendant's "reprehensible conduct" is measured by the defendant's "malice or recklessly indifferent" state of mind. Our aim is not just to change the conversation, but to change the country. Wilsonsued the companyunder the Equal Pay Act and received a check for nearly $240,000 in back pay. Map It! Age discrimination laws protect adults who are over 40. Jocelyn Frye is a senior fellow at the Center for American Progress. Police officer's perceived disability. Sign Up The Equal Pay Act of 1963 Other federal laws prohibit most employers with at least 15 employees (or at least 20 employees, with respect to age) from compensation discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. A routine federal compliance investigation found that - from Oct. 1, 2015 to . Center for Worklife Law, 2011 42 U.S. EEOC (Equal Employment Opportunity Commission . Wage discrimination can describe a number of offenses based on wage discrepancies. The question was whether internal complaints regarding the wages paid was sufficient to warrant protection. But while the Obama administration has attempted to increase transparency and strengthen the laws around wage disparities, women continue to be paid less than their male counterpartsand continue. Wage discrimination has been the center of studies for decades. Facsimile: (310) 860-0771. But the penalty is much larger for black and Hispanic women, who are paid only 65 cents and 59 cents on the white male dollar, respectively.. Five anchorwomen brought claims against local station NY1 alleging "systemic" age discrimination. Four women joined a major pay gap case against the Walt Disney Company, accusing the entertainment giant of gender discrimination at its Hollywood Records music label, its world-famous theme parks . Learn more about FindLaws newsletters, including our terms of use and privacy policy. More than 40 have agreed, including Apple, Uber and AT&T, which owns WarnerMedia. Contact us. 14. Receiving adequate compensation is perhaps the most important aspect of employment in todays workplace. The four main federal laws prohibiting pay discrimination are the Equal Pay Act, Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, and American Disabilities Act. }. Here are a few types of wage discrimination: Sex Gender discrimination is the most widely known type of wage discrimination. Visit our attorney directory to find a lawyer near you who can help. Name Equal Rights Advocates INC. 94102-4980 US. A full list of supporters is available, Recent Legislative and Executive Acts Represent Promise for Womens Economic Security, The Wage Gap PersistsBut Recent Reforms Are Making a Difference, Womens Stories on Economic Justice and Health Care, Latino Workers Continue To Experience a Shortage of Good Jobs, Disparities in Housing, Health Care, Child Care, and Economic Security Affect Babies for Life, How Dehumanizing Administrative Burdens Harm Disabled People, The Inflation Reduction Act Will Help Boost Offshore Wind Production. A review of unpublished EEOC data from the past four fiscal years shows that men filed, on average, 15 percent of gender-based wage discrimination charges. In an Equal Pay Act case, the proper metric to determine if wage discrimination occurred is the employee's wage rate, rather than total wages. Not long after the Equal Pay Act, Congress passed the Civil Rights Act to outlaw discrimination based on race, color, religion, sex, or nationality in general. In conjunction with federal law, the California Equal Pay Act works to prohibit wage discrimination for employees of opposite genders. McClain v. Lufkin Industries, Inc. Race discrimination in employment Race discrimination class action brought by African American hourly and salaried employees of Lufkin Industries, Inc., an East Texas oilfield equipment manufacturing company. In 2009, Heidi Wilson was promoted to a managerial position at Citicorp, a subsidiary of Citibank, but did not receive a bonus like her male predecessor. But a close look at the data reveals that wage discrimination is a problem experienced by many different groups, including women, men, older workers, and workers with disabilities. This field is for validation purposes and should be left unchanged. We are committed to helping you understand your rights as a worker. Making a living is vital not only to our survival needs, but steady employment can also contribute to self worth and confidence. | Last updated July 28, 2017. The California Equal Pay Act & California Fair Pay Act. Wage Discrimination You May Be Entitled to Lost Wages and Liquidated Damages for Discrimination Pursuant to California Labor Code Section 1197.5, it is generally illegal to pay an individual at a lower wage rate than the rates paid to workers of the opposite sex or gender who are performing the same work for the same employer. If a man and a woman are doing a job that is substantially similar, they should be paid equal wages. Anti-discrimination laws make it illegal for an employer to take adverse employment action against you if you are a member of a protected class, or category of persons. I was hurt in a car accident and KBA rewarded me very well. Wage discrimination. This covers all forms of pay including overtime, stock options, benefits and more. var subscribe = document.getElementById('enSubscribeFooter'); Pay disparities often occur, as they did in Ledbetter's case, in small. Last year they received 1,075 gender pay discrimination chargeswhich although only the tip of the . Map It! Equal pay is protected under several federal laws. Under the EPA, people have two years to go directly to court or to the EEOC 180 days to file a charge under Title VII, ADA and ADEA (may be extended by state laws) Federal employees have 45 days to contact an EEO Counselor For more information, see: Facts About Equal Pay/Compensation Discrimination Equal Pay Act The wage discrimination was confirmed by the Government MultiUn Those differences did not result from direct wage discrimination, but arose from hidden causes, often difficult to establish. An employee can make a claim for wage discrimination under the EPA using the same procedures they would to claim a failure to pay minimum wage or overtime under the FLSA. Over the years, the wage gap has slowly narrowed. , an advocacy organization dedicated to improving the lives of all Americans. Riot Games, the video game maker behind popular titles like League of Legends and Valorant, said on Monday evening that it had agreed to pay $100 million to settle a gender . Proving compensation discrimination based on sex is notoriously difficult. It is similar to Title VII of the Civil Rights Act but also requires employers to provide accommodations to employees with disabilities. UN-2 The wage discrimination was confirmed by the Government. Despite hundreds of complaints sent to the EEOC every year, only a fraction actually lead to a resolution. A gender pay gap violates these equal pay laws. Fairly recently, Schuck Law addressed one of these issues. Molden v. Additional strategies are also needed to examine how wage discrimination operates in the workplace and whether intersectional differences such as age, disability status, and emerging areas of the law such as LGBTQ status affect pay disparities among workers, rather than assuming pay disparities are normal or to be expected. That was the question presented to the Supreme Court in Ledbetter, to which there are three possible answers: (1) from the date of the pay decision that sets a discriminatory wage, (2) from the date an The U.S. A full list of supporters is available here. Wage Discrimination Case Study. Men have successfully filed wage discrimination lawsuits as well. The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. Career Barriers for Women Executives and the Glass Ceiling Syndrome: The Case . 145 S Spring Street, Suite 400, Back to top. Other federal laws prohibit most employers with at least 15 employees (or at least 20 employees, with respect to age) from compensation discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. On July 1, 2020, new laws went into effect in Virginia that drastically change the employer-employee relationship in the areas of: employment discrimination, non-competition agreements, wage and hour laws, and worker classification. Equal pay is often framed in the public debate as being solely a womens issue. Just in case you thought the Equal Employment Opportunity Commission was easing up: The agency recently resolved two separate discrimination cases to the tune of about $164k. Under the Equal Pay Act, women and men have the right to receive equal pay if they perform equal work in the same workplace. Under the Equal Pay Act, it is necessary to prove that the position held by an complainant is substantially equal to a counterpart of the opposite sex. Key quote: "The Court's insistence on immediate contest overlooks common characteristics of pay discrimination. Map It! . In the case we prosecuted, the employee alleged that he complained that the . 3764 Elizabeth Street, Most often the disparities in wages occur among traditionally discriminated groups such as women and minorities. Tel: 619-880-1000 employment practice occurred." 4 But when does the 180-day clock begin to run in the case of pay discrimination? Pay can be different if it is based on merit, seniority, quantity, quality of production, or any factors other than sex. If you are a victim of gender discrimination or sexual harassment or have any other workplace issue you should not hesitate to speak with an experienced employment attorney. With the help of a competent and experienced employment law attorney, employees can fight wage discrimination using the EPA and other federal laws put in place to ensure that wage differences do not persist in Americas workforce. Use this form to start your conversation with Ketterer, Browne & Associates, LLC. 90 Broad Street, Suite 804, The city eventually settled the class-action lawsuit for $38 million. The data make clear that wage discrimination is experienced by workers in a variety of different ways. Jury Verdict Awarded to Sexual Harassment Victim. In 2011, Dollar General paid $19 million to settle claims that it paid female store managers less than men with the same job. Riverside, California 92506 Title VII protects workers from a number of discriminatory acts including pay differences based on membership in a particular class of society. The email address cannot be subscribed. Under a Title VII wage discrimination claim, an employee must first prove: 1) membership in a protected group and that he or she was qualified for the position worked in; 2) an employer is practicing wage differentials based on the employees membership in the protected group and this has given rise to an inference of discrimination. Even though there are laws against pay discrimination, US companies on average still pay women just $0.82 for every dollar they pay men, and pay women of color even less and executives. San Francisco, California 94108 If you feel you are a victim of workplace racial discrimination, you need to know how the law works and how recent racial discrimination cases may affect your situation. As this case returns to the lower court for a jury . Once the employee sets forth evidence proving wage discrimination, doing so raises a presumption that discrimination exists. Wage discrimination claims can also arise under the Age Discrimination in Employment Act (ADEA) for workers over 40 years of age experiencing illegal wage differentials or under the Americans with Disabilities Act (ADA) for workers with a legally recognized disability who experience wage differentials as a form of disability discrimination. Some of the changes the Fair Pay Act made include but are . The technology industry has been especially targeted in California for pay discrimination claims. January was a victorious month for the Equal Employment Opportunity Commision (EEOC). Tel: 310-860-0770 You generally have a right to protection from discrimination regardless of your immigration status, although, in some cases, immigration status may limit the remedies that youll be able to obtain. Are you an employee who has been denied promotions, harassed on the job, or otherwise discriminated against on the basis of your nationality, race, sex, or some other protected trait? Unfortunately, in many cases, employees don't know how to claim their missing wages, don't make a wage claim soon enough, or don't get help from an employment law attorney. Passed in 1990, the Americans with Disabilities Act prohibits discrimination based on disability. The Equal Pay Act (EPA) was designed to ensure that such wage disparities can be addressed in the courts. This case should remind corporate America that employment decisions must be based on merit and ability to do the job not on gender stereotypes.. Under this law, it does not matter how many employees an employer has, and most employees across both the public and private sectors are covered. 1 Under the Equal Pay Act, employees only need to show that there is disparity in pay to file wage discrimination claims and that the jobs performed are "substantially similar.". You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in protected equal employment opportunity (EEO) activity, or oppose discrimination without being retaliated against by your employer. 11520 San Vicente Blvd First published on Fri 10 Jan 2020 08.22 EST. Strengthening Health and Ending the Pandemic. Understanding the breadth of wage discrimination charges is critical to ensuring that the United States pursues solutions responsive to the diverse needs of workers. A police offer with no disability won a claim for direct disability discrimination. Not all types of discrimination are protected under the federal anti-discrimination laws. Im extremely satisfied the services of KBA! Hejase et al. I think I am owed prevailing wages on a covered federal or federally funded or assisted contract. If a man and a woman are doing a job that is substantially similar, they should be paid equal wages. Pay Discrimination The laws enforced by EEOC prohibit employers from paying employees differently based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information: While Title VII treats wage disparities between men and women as a form of sex discrimination, the Equal Pay Act strictly prohibits wage differentials when men and women are in positions that are substantially equal. When pay discrimination based on age is suspected, it is important that people understand it is what their jobs require rather than their job titles in determining whether or not they are being paid less than younger workers. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Search, Browse Law In 2009, Lawrys Restaurants agreed to a settlement of more than $1 million for allegedly failing to hire men into food server positions. By meeting with an attorney, you will know if it's worth going through with a case and from there, how to navigate the lawsuit. The Center for American Progress is an independent nonpartisan policy institute that is dedicated to improving the lives of all Americans through bold, progressive ideas, as well as strong leadership and concerted action. Contact a qualified civil rights attorney to help you protect your rights. New Yorkers have protections against wage inequality or a gender pay gap under several laws. Stereotypes about workers because of their race, age, disability status, or other factors can result in discrimination that devalues their work and results in lower pay. 21 Main St, Ste 352 | Hackensack, New Jersey 07601. However, the Institute for Womens Policy Research estimates women would not reach pay parityuntil 2059if the gap closed at the pace it has for the last 50 years. I would call them again and I Highly recommend that you hire KBA to take on your case!Simply the Best! Speak with an Experienced Wage and Hour Attorney Today. $100,000 for companies with 101-200 employees. Dec. 28, 2021. Lauren Hoffman, Rose Khattar, Beth Almeida, 1 More But a portion of gender-based wage discrimination charges are also filed by men. $300,000 for companies with 501 employees or more. The disparity also increases dramatically with higher educational attainment. Bela Salas-Betsch, Rose Khattar, Jessica Vela, Lorena Roque, Justin Schweitzer, Emily DiMatteo, Nick Buffie, 1 More In 2015, Governor Brown signed the California Fair Pay Act which strengthened the Equal Pay Act. However, illegal wage disparities can occur for any group protected by federal or state employment discrimination laws. Akpinar-Sposito, C. (2012). Depending on the terms of your employment contract will determine whether or not you will . In some cases, a wage discrimination case may not be worth pursuing if the evidence is not substantial. Recently, five players of the USWNT team filed a federal complaint to the United States Soccer Federation for wage discrimination. Substantially equal position does not mean that the jobs need be identical to trigger EPA provisions; they need only be equal in content. A federal judge denied Tesla's request for a retrial over the verdict of a case involving a former worker's claims of racism. Having a clearer, more accurate understanding of wage discrimination is essential in identifying the breadth of the challenges facing workers and the most effective solutions in response to the needs of workers. In cases of wage discrimination, relief in the form of compensatory and punitive damages can help the individual who was discriminated against recover lost pay or opportunities. These economic consequences can be devastating for working families trying to make ends meet. Men still earn more than women on average. This means that employees do not have to continue to experience discrimination in compensation based on sex or any other protected characteristic. The Equal Pay Act is an amendment to the Fair Labor Standards Act aimed at eliminating the wage disparity between men and women. This means proving that the positions require equivalent skill, effort and responsibility. According to theEEOC, the law provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.. Nearly one-fifth of wage discrimination charges include an allegation of wage discrimination based on age, and a slightly smaller percentage of charges allege wage discrimination on the basis of disability. UN-2 Only two wage discrimination cases had been brought to court, and both were still pending. Breach of Contract Lawyer & Attorney Firm, ADA Disability Discrimination Attorney & Lawyer, Hostile Work Environment Lawyer & Attorney. What are your rights when it comes to wage discrimination? 2. 1. A third option is to pursue an employer under both the Equal Pay Act and Title VII. This includes fields dominated by women. The Equal Pay Act also says a difference in pay is acceptable as long as it is based on any other factor other than sex. This means an employer can say that the man asked for a raise when the woman did not or took a few more courses relevant to the job. It's illegal in the United States, but it still happens. (Please review the disclaimer before contacting us; in short, we cannot respond to all submissions and a submission does not create an attorney-client relationship.). Between two age and wage discrimination cases, a total of $163,500 has been secured for victims to resolve these issues. Meeting with a lawyer can help you understand your options and how to best protect your rights. Pay discrimination also occurs when a difference in pay has an unlawful basis such as race or sex. Wage discrimination can be a violation of a number of laws, mainly the Equal Pay Act and Title VII of the Civil Right Act. 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