Berger & Montague, P.C. is investigating potential class
action lawsuits on behalf of women who claim they are performing
the same work as their male counterparts but are being paid less
because of their gender. This is a violation of the Equal Pay
the Equal Pay Act?
The Equal Pay Act (EPA) was passed in 1963 and requires that men
and women be given equal pay for equal work in the same
establishment. The jobs do not have to be identical, but they must
be substantially equal. Specifically, the EPA states that employers
may not pay unequal wages to men and women who perform jobs that
require substantially equal skill, effort, and responsibility under
similar working conditions within the same establishment. It is job
content, not job titles, that matter. Pay differences are permitted
when they are based on seniority, merit, or quantity or quality of
are my rights under the Equal Pay Act?
Under the EPA, you are entitled to equal pay for equal work,
regardless of gender. All forms of pay are covered by this law,
- Overtime Pay
- Stock Options
- Profit Sharing and Bonus Plans
- Life Insurance
- Vacation and Holiday Pay
- Cleaning or Gasoline Allowances
- Hotel Accommodations
- Reimbursement for Travel Expenses
If there is a wage gap between men and women, employers must
raise wages to close the wage gap. They cannot reduce either
I have to prove in a pay discrimination lawsuit?
In a pay discrimination lawsuit, you must prove that you are
receiving less pay than your male counterparts even though your
positions require equal levels of:
- Skill: Measured by factors such as experience,
ability, education, and training required to perform the job. This
issue applies to what skills are required for the job, not what
skills each employee may have. For example, two accountants could
be considered equal under the EPA even if one of them has a
master's degree in art history, since that degree is not required
for the job.
- Effort: The amount of physical or mental exertion
needed to perform the job. For example, assume two salespeople
working at an electronics store are both responsible for selling
products, but one of them is required to help customers carry heavy
items to their car. This employee's job requires more physical
effort and may merit higher wages.
- Responsibility: The degree of accountability
required in performing the job. For example, say a coffee shop has
two managers, and one of them is responsible for taking inventory
and creating weekly staff schedules. This manager has more
responsibility and therefore may earn more. However, a simple duty
such as turning off the shop's lights is not a large enough
responsibility to justify a wage gap.
industries are most affected by pay discrimination?
Wage discrimination can occur in any industry, but the following
industries often have wage gaps between male and female
- Maintenance and Repair
- Industrial Work
- Office Management
- Business and Financial Operations
- Natural and Social Sciences
- Security and Protective Services
- Computer and Information Technology
pay discrimination lawsuits been successful in the past?
Yes. In October 2011, Dolgencorp Inc., parent company of
discount retailer Dollar General, agreed to pay an $18.75 million
settlement to a class of current and former female Dollar General
store managers who claimed they were not paid as much as their male
counterparts because of their gender.
In August 2015, Daiichi Sankyo Inc. paid $8.2 million to settle
a class action in California federal court with nearly 1,400 female
employees who said the drug company paid them less than their male
If you are performing the same work as your male coworkers but
are being paid less, contact Berger & Montague. We will explain
what's involved in filing a pay discrimination lawsuit.
have to pay to consult with an attorney?
We are happy to talk with you about your potential claims free
of charge. If we decide to represent you in a lawsuit, we will
enter into a written contingent fee agreement with you. A
contingent fee agreement means we only get paid if we win, and that
we will receive our fees from the amount paid by the Defendant in
Please contact us to discuss the details of your case. You
- Use the contact form on this page ("Inquire About Your
- Email email@example.com
- Call (800) 424-6690
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