Gender-Based Compensation Discrimination Claims
A plaintiff can assert gender discrimination claims under Title VII and the Equal Pay Act if the basis of the claim involves disparate pay between members of different sexes. Both statutory regimes make it illegal for an employer to pay you less than another employee of a different sex solely because of your gender.
Critical under both legal regimes is for the plaintiff to identify a comparable position, with higher pay, occupied by a member of a different sex. Below, we will discuss other important considerations for filing an EPA or Title VII compensation discrimination claim.
Statute of Limitations
When Should You Bring a Compensation Discrimination Claim Forward?
The Equal Pay Act (EPA) allows plaintiffs two years to assert a claim (or three if the act that brought the claim was willful). Title VII limits the assertion of a pay disparity claim to 300 days from the date of the last discriminatory act (or 180 days in states without comparable state-level anti-discrimination statutes).
Jurisdiction
Filing a Discrimination Claim
Claims under the EPA may be asserted in court without having to exhaust administrative remedies. Title VII, however, requires plaintiffs to first file a charge of discrimination with the Equal Employment Opportunity Commission and exhaust the investigation (or mediation) process before the plaintiff may take the claim to court.
Remedies
What Types of Damages Can Be Awarded in EPA/Title VII Claims?
Under Title VII, a successful plaintiff can win compensatory damages, including front pay or emotional damages, and punitive damages, but these can be limited by the size of the employer.
The EPA limits damages to the difference in pay between the plaintiff and a comparator as well as an equal amount in liquidated damages. Attorney’s fees may be awarded under either regime.
Bottom Line. Plaintiffs should consider filing claims under both legal regimes to maximize potential remedies available in judgment.
Contact Patricia S. Bellac Law Firm Today
Our attorneys have over 25 years of experience, and we would love to use that experience to help you. You deserve to be compensated fairly regardless of your gender or sex. We offer our clients personalized, innovative legal strategies and can advise you throughout all stages of the claim process.
Known for our professionalism, dedication to excellence, and attention to detail, the Patricia S. Bellac Law Firm is equipped to help you file an Equal Pay or Title VII compensation claim.
If you require assistance in determining your rights and the necessary procedures to assert claims under either statutory regime, contact our firm online or at .