What You Need to Know About Wage Discrimination Statute of Limitations in California

Wage discrimination complaints must be filed within 2 (but in some cases, 3) years of the violation. Here’s everything you need to know about the wage discrimination statute of limitations in California.

California’s Equal Pay Act prohibits wage discrimination. Violations of the act—such as wage discrimination—must be filed within 2 years of the violations. The statute of limitations is 3 years if the discrimination is willful.

What Is Wage Discrimination?

Wage discrimination occurs when employees performing substantially equal work do not receive the same pay for their work as compared to their peers. The content of a job, not its title, determines whether or not jobs are substantially equal. Discrimination can occur due to sex or race, which are both prohibited under California law and federal law.

In January 2017, the Equal Pay Act became law, part of the California Labor Code. §1197.5 of the California Labor Code says that an employer cannot pay any of its employees at wage rates less than the rates paid to employees of the opposite sex, race, or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions.

However, there is an exception if the employer demonstrates that the wage differential is based on one or more of the following factors:

A seniority system
A merit system
A system that measures earnings by quantity or quality of production, or
A differential based on any genuine factor other than sex, race, or ethnicity (like education, training, or experience).
Each factor relied upon is applied reasonably,
One or more factors relied upon to account for the entire differential.

Prior salary cannot, by itself, justify any disparity in compensation.

What Are Statutes of Limitations?

Statute of limitations are deadlines by which one must file (or otherwise initiate) a legal claim. If one misses that deadline, they risk losing their right to pursue that particular claim simply because they waited too long to act.

§1197.5 (I) of the California Labor Code holds that complaints in regard to violations of the Equal Pay Act must be filed within 2 years of the violation or within 3 years if the discrimination is found to be willful.

How to File a Wage Discrimination Complaint

Employees who have suffered discrimination may file a retaliation complaint. All California workers are protected by labor laws.

First, one should prepare the complaint. Gather any information related to the wage discrimination.

Second, the complaint may be filed online, or by mail. To file a complaint by mail, complete the following steps:

Download and complete the Equal Pay Complaint form
Print and complete the form, sign, and date it.
Include copies of all supporting documents, but do not send originals.
Mail or deliver the completed forms and supporting documents to the Labor Commissioner’s Office. Click here to find the nearest office.

What Happens After the Complaint?

The Retaliation Complaint Investigation Unit (RCI) reviews complaints and determines if an investigation is merited. If the complaint will be investigated, the filing party will be notified.

If an investigation does occur, it will include interviews with the complaint filer, the employer, and any witnesses. They may also make requests for documents.

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

Wage Discrimination Statute of Limitations in California