Discriminación salarial por motivos de raza o género

What is wage discrimination and how can you tell if you are a victim of this illegal practice by employers? Wage discrimination had to do with discrepancies in pay towards an employee because of a protected characteristic under federal and state labor laws. For example, there are many cases of wage discrimination based on one’s gender. People of different races may also find that they are receiving less compared to their colleagues of another race.

As a woman, have you come across information that indicates you are being paid less than a male coworker in the same role with the same credentials? There are numerous characteristics that can form the basis of a wage disparity case, but it’s clear that gender is the biggest factor for why some people are paid less for doing the same job as someone else. If you find yourself caught in a situation where you are being discriminated against, it’s time to seek help a lawyer that specializes in California employment laws. You may have the option of filing a claim against your employer and obtaining the compensation you deserve.

Gender as a Factor in Unequal Pay

Unequal pay based on gender is an on-going issue that affects many workplaces across all types of industries. As of 2017, female employees working on a full time basis earned 80.5 cents for every dollar made by men. This is a gender wage gap of approximately 20%. Additionally, statistics show that women earn less than men in just about every occupation.

Some people assume that noticeable wage gaps are a thing of the past, before women were recognized as valuable members of the workforce. The misconception may be tied to the fact that certain industries are female-dominated, such as:

• Nursing
• Secretarial / administrative assistance / office clerks
• Teaching in elementary and middle schools
• Nursing /psychiatric; management
• Customer service centers
• Cashiers
• First-line retail supervisors
• Accounting
• Information clerks / receptionists
• Social work
• Housekeeping
• Wait staff at restaurants, bars, etc.
• Personal care

Particularly within these industries, you may assume that females receive more in pay and job opportunities compared to their male counterparts. However, it’s clear that the opposite is true, even in work settings that are dominated by women. Take a look at the following data:

Elementary and middle school teachers who are female make around 85.5% of the wages that are earned by male teachers with the same credentials.

• Female registered nurses receive around 91% of the earnings that are given to male RNs.
• Males in secretarial and administrative roles earned a little over 17% more than their female colleagues.
• Female accountants and auditors earn almost approximately 13% less than males in the same industry.
• Females in financial management earn around 30% less compared to men in the same position.

**All numbers and statistics relevant to wage gaps in relation to gender and race were derived from the Institute for Women’s Policy Research

Now, let’s take a look at pay disparities for industries that are male-dominated. For example, what are the wage gaps for male and female truck drivers, software developers, janitors, cooks, construction workers, carpenters, etc.? There is no denying that men clearly earn more than women, as you can see from the following stats:

• Truck drivers who are female make around 67.4% of the salary that’s earned by men.
• Female software developers earn around 86.8% of what their male colleagues earn for doing the same job.
• On average, female chief executives make almost 30% less than male executives.
• Females in production and operating work are paid approximately 71% of the amount earned by male colleagues.
• Women that work as general and operation managers are paid roughly 22% less compared to men performing the same type of work.

The one industry where the wage difference is barely noticeable is customer service, like call centers and front desk associates. But even here, you see a slight difference, with women making 98.7% of the wages that are given to male associates.

Wage Discrimination Based on Race

Next to gender, race is the second most common basis for unequal pay within the same industry. What’s interesting is that the problem exists even among women or men of different races. So, this is a case where you may be discriminated against because of your gender, as well as your race. More specifically, workers of certain racial backgrounds earn less, and even more so if they are female.

Let’s take a look at the following information on wages where race and/or gender play a role:

• As of 2018, Asian women across all occupations earned a weekly wage of $937. Asian men, on the other hand, earned an average of $1,241 per week.
• White women across all industries and occupations made $873 a week on average, whereas while males earned $1,111.
• Black females earned an estimated $654 a week across all occupations, and black men earned an average of $735.
• On a weekly basis, Hispanic women earn $617, while men who are Hispanic earn a weekly wage of $720 across all occupations and industries.

So, the trends indicate that Asian men and women tend to earn more than people who are classified as white, black, or Hispanic. Still, the facts indicate that Asian women earn 75% of the salary made by their male counterparts, on average. White women receive around 21% less than white men across all occupations, and black women earn about 11% less than black men. Among Hispanic workers, women are paid almost 14% less than men,

So, what can we conclude from all this data? For one thing, the wage gap between Asian men and women are greater than what you see among any other race. This is in spite of the fact that Asian women generally earn more than women of other races. You can also see a notable wage gap among white male and females, whereas the difference in pay rate is less when it comes to Hispanic and black employees. In spite of the differences, there is an obvious tendency to favor males when it comes to how much you are paid for the same work.

Wage and Employment Laws

Numerous laws by the federal and state government exist to protect individuals from unfair treatment in the workplace. For example, Title VII of the Civil Rights Act prohibits discrimination against workers based on protected traits, like race, religion, sex, disability, age, and pregnancy. You also have the Equal Pay Act, which requires employers to offer pay to workers doing the same work for same establishment, regardless of their gender.

These are statutes established by the U.S. government, but the State of California has similar protections that have to do with discriminatory treatment by an employer. Along with wage disparity, employers are forbidden from making any negative employment decisions on the basis that someone is of one gender versus another. Adverse employment decisions include promotions / demotions, pay raises, training opportunities, commissions and bonuses, and termination of employment.

Unequal Pay as a Legal Violation

If you are a woman, you go into a job expecting that you will receive the same rate of pay as a man who is performing the same job duties. Frankly, equal pay is not a complicated concept – two people doing the same work should make the same amount, regardless of their gender or gender identity / expression. However, there are situations where unequal pay is not illegal. As long as the difference in pay rate is based on something other than gender or another protected class, an employer may have the right to impose different hourly rates / salaries between employees.

At the end of the day, proving a case of wage discrimination isn’t just about whether you are paid less than a man in your department at work. Differences in pay can happen due to differences in the quality of work, seniority, what the work produces for the company, and other variables that must be examined on an individual basis. With that in mind, don’t hesitate to contact us if you want to verify whether a case of unequal pay is legal or illegal.

Past Lawsuits for Wage Discrimination and Unequal Pay

Wage discrimination tends to get swept under the rug, and many workers stay quiet about the injustice out of fear that they will be fired or face some other type of retaliation by the employer. However, unfair difference in pay is a serious subject that needs to be addressed, whether you work for a small business or Fortune 500 corporation.

Please note that each case is unique, and you should never assume the outcome of a lawsuit based on previous settlements and verdicts. That being said, you can gain valuable insight into the legal process by looking at cases of wage discrimination from the past.

Consider the following settlements and verdicts where an employer was sued for unequal pay:

EEOC contra la escuela autónoma de orientación

Instead of a lawsuit, this situation was resolved as a claim with the Equal Employment Opportunity Commission, but nevertheless, the case involves issues that relate to wage discrimination. The claim was filed by a female tutor at The Guidance Charter School

on the basis that she was receiving a lower hourly rate compared to a male tutor teaching the same subjects.

The woman talked to the charter school administrators about the wage disparity, but they refused to address the situation. After investigating the allegations, the EECO found that the school had violated the Civil Rights Act and the Equal Pay Act by paying more to the male employee, who was performing the same job as the claimant. A settlement was worked out for $8,000 to the female tutor, and the school was ordered to take specific actions, like policy and procedural changes.

EEOC contra Spec Formliners, Inc.

In this case of discrimination brought forth by the EEOC, Spec Formliners was paying less to a female employee than male workers that had the same job duties. Specially, the claimant was a female sales representative, who was being paid on commission. The employer’s requirements meant that females sales reps had to make more in sales to earn the same rate of commission as male representatives.

Even though this was a dispute over commissions rather than a set rate of pay, it’s clear that the terms resulted in unequal pay between women and men who were in the same position. As a result, the EEOC ruled that Spec Formliners violated the Equal Pay Act and the Civil Rights Act. The claimant received $105,000 as a settlement, and the employer was ordered to make policy changes to ensure compliance with federal anti-discrimination laws.

Brianne Rigoli contra CR England, Inc.

Brianne Rigoli started working for C.R. England in 2012 and was terminated two years later in 2014. Rigoli fought the termination, stating that she had never been told of any major issues with her work performance. In fact, she had always received polite and positive treatment from her boss – that is, until she became pregnant.

She claimed that when she returned to work after maternity leave, her supervisor treated her differently than he had before. Rigoli noticed that he favored the Hispanic employees and that he forced her to work long hours without additional compensation, or meal and rest breaks. She filed a complaint through the proper channels and continued to put up with the unfair treatment in the meantime.

At some point, the claimant became ill and was not allowed to resume working until she was cleared to do so by her doctor. Rigoli cane back to do the job site for something unrelated to her work duties, and when her supervisor found out, he moved to terminate her. It’s important to note that Rigoli did not enter the building or do anything that can be classified as “work,” but her supervisor still fired her.

After she lost her job, Rigoli claimed that her boss gave preferential treatment to workers of Hispanic descent, and this led to a disproportionate number of Hispanic employees. In addition, she was asked to do less desirable work for increased hours while making the same pay as her Hispanic colleagues. While the circumstances were suspicious, there was not enough evidence to conclude that C.R. England broke one or more employment laws. The trial concluded with the jury ruling in favor of the defense.

So, let’s examine how these cases are relevant to your rights as a worker who is receiving unequal pay. In the first two cases, the plaintiffs were able to prove a clear case of wage discrimination per the federal anti-discrimination laws. These cases are fairly straightforward, as the employer had no legal basis to justify the pay discrepancy, and when the issue was brought to their attention, they refused to do anything about it.

On the other hand, Rigoli v. C.R. England lacked concrete evidence to show favoritism by her supervisor. She may have had a case for wrongful termination, as her visit to the building was not to engage in her work duties. However, her return to the building was not absolutely necessary, and she was, after all, ordered not to show up to work until she received medical clearance. Undeniably, the timing is suspicious and it’s quite possible that the supervisor retaliated because Rigoli filed a formal complaint against him. But the lack of evidence meant that the jury had to side with the defense, i.e., the employer.

Do you have questions about legal cases involving wage discrimination and unequal pay? Our legal team is here 24/7, so give us a call anytime. We can connect you with a wage discrimination attorney for a private consultation, completely free of charge.

Legal Options for Wage Discrimination Victims

You are a victim of unequal pay without legal justification; what can you do? What are your rights as someone whose employer refuses to comply with state and federal laws about equal pay for the same work?

Workers should try to resolve these issues internally, and most places have a Human Resources department or personnel that you can go to. But if the employer fails to make the necessary changes, you can seek help by taking the following actions:

• Filing a claim with the federal government’s Equal Employment Opportunity Commission (EEOC)
• Filing a discrimination claim with the California Civil Rights Department (CRD)
• Filing a wage claim with the California Department of Industrial Relations

You may have thought about suing your employer, meaning you wish to file a civil lawsuit. Before you can petition the appropriate court system, you must try to settle your dispute by seeking help from the CRD, EEOC, or another government agency. Most claims are settled by these agencies, meaning that there is no need to file a wage discrimination lawsuit. If the agency feels that a lawsuit is warranted, they will supply you with a Right to Sue notice. Simply put, you cannot sue your employer for discrimination unless you are permitted to do so by the agency handling your employment claim.

An employment rights lawyer can help you determine the best legal strategy, depending on specific details about your experience. The point is, you are not without options when your right to a fair and equitable wage is violated by an unjust employer. Wage discrimination happens more often than most people realize, but rest assured that our attorneys are here to help, every step of the way.

What can I Receive in Monetary Compensation?

We just talked about filing a claim for wage discrimination. Doing so is a way to hold your employer accountable and make changes in the workplace that benefit you and other employees. However, discrimination in the workplace often leads to financial problems, especially if you are getting paid less than what your coworkers are making. By complaining about unequal pay, you may be fired or subjected to other adverse treatment that results in monetary losses.

This is why claimants who qualify for a wage disparity complaint or lawsuit may be eligible for compensation in the form of:

• Back pay, meaning all the wages you are owed
• If you were terminated, front pay for the wages you will continue to lose out on
• Pain and suffering for physical and emotional distress associated with discrimination by your employer
• Punitive damages if a jury finds that the employer committed gross negligence or misconduct
• Costo de representación legal

Of these categories, there are some payments that you may not be entitled to. That’s why it’s essential to talk about your case with a lawyer that specializes in wage discrimination and other illegal acts by an employer. By working with one of our attorneys, you can obtain all the compensation you deserve by law. A seasoned employment lawyer will also provide you with an accurate case valuation and fight to bring you the highest possible settlement from a discrimination claim or lawsuit.

Steps to Building a Strong Wage Discrimination Case

We encourage you to be proactive and take specific steps to preserve evidence from the moment you notice unfair treatment from an employer. Early on, you may not have any intention of filing a complaint for workplace discrimination. However, collecting and safeguarding evidence will help you later on if you choose to pursue a lawsuit for wage discrimination. Here are the steps that we recommend if you are a victim of unequal pay at your job:

• Gather any evidence to support your case, like pay stubs, employment contracts, emails from your supervisor, communications with HR, etc.
• Arrange for a meeting with your supervisor to discuss the problem, since you must give your employer the chance to rectify the issue
• If your employer refuses to help or drags their heels on taking action, file a complaint for discrimination with the EEOC or the CRD. To ensure the best possible outcome, make sure to consult a workplace discrimination lawyer.

What is the Deadline to Pursue an Employment Claim?

All lawsuits are subject to a specific amount of time, known as the statute of limitations. If you do not file a claim against the party that harmed you within this window of time, you will lose the chance to seek monetary damages. In short, it’s essential that you find out the deadline for a wage discrimination case as soon as possible. However, claims against negligent employers are more complicated than normal, as you are required to file a labor law agency complaint before you can proceed with a lawsuit. That means you must stay on top of more than one deadline. So, what are the time limits that have do with legal cases for wage discrimination?

Here are some points to keep in mind if your employer is committing wage discrimination:

• A claim based on discrimination with the Equal Employment Opportunity Commission must be filed no later than 300 days from the date of illegal conduct by your employer.
• If you are granted permission to sue by the EEOC, you must file a lawsuit for compensatory damages within 90 days of the receiving the Right to Sue letter.
• The statute of limitations is 1 year for a Civil Rights Department claim (your complaint is based a violation of state wage discrimination laws by your employer).
• If you are allowed to go ahead with a lawsuit by the CRD, you must do so within 1 year of receiving the notice of your right to sue.

Surely, you do not want to take the chance of losing the right to sue your employer, but that’s exactly what can happen if you miss the deadline for an employment claim or lawsuit. Aside from the statute of limitations, there are many aspects of an employment case that can confuse and overwhelm you. Don’t worry, as the lawyers of California Labor Law Employment Attorneys Group can handle each stage of the legal process and secure the payments that are rightfully yours.

Póngase en contacto con nuestra firma de abogados

Do you have reason to believe that you are the victim of wage discrimination? Are you receiving or have you received unequal pay because of factors like your gender or race? If you suspect that you were discriminated against by your current or former employer, you may have grounds to file a claim for monetary compensation. That way, you can recover the wages you lost, along with other damages to make up for your employer’s wrongdoing.

Ultimately, taking legal action is big decision that only you can make for yourself. However, it’s important to speak out when your employer breaks the law. Otherwise, this type of conduct will continue and escalate to other abusive treatment, not just for you, but other innocent victims at your place of work. Because of the complications that are involved, you should protect yourself right from the start by contacting a law firm with experience in unequal pay and other kinds of discrimination.

If you need a lawyer to provide you with skilled and aggressive representation from day one, look no further than California Labor Law Employment Attorneys Group. We have many years of experience with state and federal agency claims for all sorts of employment disputes, including wage disparity due to prejudice or preferential treatment. You can be sure that our legal experts will provide you with an honest assessment of your case and fight tirelessly to secure the results you’re looking for.

Nuestra garantía de tarifa cero

The cost of legal fees is another area where we wish to put your mind at ease. It’s unfair, not to mention unrealistic, to ask the average worker to pay thousands of dollars upfront or fees on an hourly basis. This is why the Zero Fee Guarantee is here for you from the moment you reach out to us.

With this policy, you can obtain the services of a California employment attorney for $0. Once your settlement or jury verdict is released by the other party, a percentage of the funds will be deducted to cover attorney’s fees. Since our payment depends on winning your case, you do not owe us anything if we do not obtain compensation on your behalf.

Consulta Gratuita de Segunda Opinión

Our law firm also believes in helping victims of wage discrimination, no matter where they are with a legal case. Many people have a lawyer, but they are dissatisfied with how things are being handled, whether it’s lack of communication or how long it’s taking to settle a claim. Or, maybe you just need confirmation that you case in on the right track, and what you can do if there are noticeable problems.

All these issues can be addressed at a free consultation, which we are happy to offer without any obligations. After meeting with us, some people decide to switch lawyers and transfer their case to our law firm. Others decide that staying with their current lawyer is the best course of action. No matter what, we can provide you with a free second opinion on an existing claim or lawsuit for wage discrimination.