Wage Discrimination Lawsuits in California

What You Need to Know About Wage Discrimination Lawsuits in California

If a person is paid differently for equal work, then they may be able to sue for wage discrimination. Here’s what you need to know about wage discrimination lawsuits in California.

An employee may sue an employer for wage discrimination if they are violating the Equal Pay Act or the Fair Employment and Housing Act (FEHA). In general, employers violate these acts when they pay a person less than they would pay another person for similar work. If suing under the Equal Pay Act, an individual must file their lawsuit within two years of an unintentional violation or within three years of a willful violation. If suing under FEHA, the individual must first file a complaint with DFEH within a year of the incident.

Grounds for a Wage Discrimination Lawsuit

There are two relevant acts when discussing equal pay lawsuits in California: the Equal Pay Act, enforced by the Labor Commissioner’s Office, and the Fair Employment and Housing Act (FEHA), enforced by the Department of Fair Employment and Housing (DFEH). Both are incredibly important and may be used by an employee to sue their employer for discriminating against them.

The Equal Pay Act, signed into law decades ago but strengthened in 2015 by Governor Brown, makes it illegal for an employer to pay an employee less than they would pay an employee of the opposite sex, a different race, or a different ethnicity for “substantially similar work”. The phrase “substantially similar work” refers to work that requires similar skill, responsibility, effort, and similar working conditions. Therefore, to have grounds for a lawsuit under the Equal Pay Act, an individual must be paid less than another employee or employees that are of the opposite sex, a different race, or a different ethnicity for work that is substantially similar.

FEHA protects against employment and housing discrimination in regards to the following: ancestry, being age 40 or over, color, creed, disability, denial of family/medical leave, marital status, medical condition, nationality, race, religion, sex, gender, and military/veteran status. Because wage discrimination is a form of employment discrimination, an individual may bring a lawsuit against their employer under FEHA if that they are being paid less because they belong to one of the aforementioned protected groups.

How to File a Wage Discrimination Lawsuit

In regards to wage discrimination, a lawsuit may be brought under the Equal Pay Act, the Fair Employment and Housing Act, or both. To file a wage discrimination lawsuit under the Equal Pay Act, an individual need not file a claim with the Labor Commissioner’s Office. They must simply file suit within 2 years of the last violation if the violation is considered non-willful, meaning the employer did not necessarily intend to discriminate. If willful, then the individual has 3 years from the date of the last violation to file suit. Each unequal paycheck is considered to be a violation.

To file suit under FEHA, the individual must first file a complaint with DFEH. They can either request a Right-to-Sue notice when they file the complaint, or they can wait for DFEH to finish their investigation. If DFEH does not find that a violation has occurred and the individual still wishes to sue, then they may do so. The individual has one year from the last alleged act of discrimination in which to file their complaint.

Whenever an individual is undertaking a lawsuit, it is recommended that they consult an attorney to help them with their case. If you are in need of an attorney for your wage discrimination lawsuit, contact Her Lawyer to be put in touch with an expert employment discrimination attorney.

Equal Pay Act or FEHA?

When considering whether or not to sue under the Equal Pay Act or FEHA, consider the statute of limitations. The Equal Pay Act provides at least two years from the last violation, while FEHA only provides one year in which to file the complaint/lawsuit. In addition, consider which protected category applies in the particular case. The Equal Pay Act applies only to sex, race, and ethnicity, while FEHA applies to many more categories such as sexual orientation and gender expression. Finally, consider that FEHA applies to more than just wage discrimination. Sometimes, wage discrimination accompanies discrimination in terms of promotion. Suing only under the Equal Pay Act would not cover this discrimination.

Regardless of which act, a successful lawsuit will allow the plaintiff to be entitled to lost wages, interest, and damages. However, a successful FEHA lawsuit may also result in punitive damages, albeit rarely.

FAQs about Wage Discrimination Lawsuits in California

What is the Equal Pay Act?

The Equal Pay Act is a section of California law that prevents unequal pay for substantially similar work between employees of the opposite sex, different race, or different ethnicity.

What is substantially similar work?

Substantially similar work is work that requires similar skill, responsibility, effort, and is performed under similar conditions.

What is the Fair Employment and Housing Act?

FEHA is a section of California law that protects individuals against employment and housing discrimination. FEHA applies to ancestry, age, sex, gender, race, religion, sexual orientation, and more.

What is the deadline to sue for wage discrimination?

If suing under the Equal Pay Act, the deadline is two years after a non-willful violation and three years after a willful violation If suing under the FEHA, the individual has 1 year after the violation in which to file a complaint with DFEH.

Can I sue under the Equal Pay Act or FEHA?

To sue under FEHA, an individual must first file a complaint with DFEH. However, an individual can sue under the Equal Pay Act without first filing a complaint. The Equal Pay Act, however, applies to less protected categories than FEHA (only sex, race, and ethnicity, while FEHA includes gender, sexual orientation, etc.)

What can a wage discrimination lawsuit recover in California?

The lawsuit can recover lost wages, interest, and damages.

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If you have any more questions about wage discrimination lawsuits in California, contact us. Get your free consultation with one of our California Employment Attorneys today!