If I am a female being paid less than a male working at same position and I’ve been there2 years longer, what are my rights?

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If I am a female being paid less than a male working at same position and I’ve been there2 years longer, what are my rights?

Asked on February 15, 2011 under Employment Labor Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are claiming here is discrimination in the workplace on the basis of gender, correct?  You have the right to seek legal counsel on the matter. The federal Civil Rights Act of 1964, Title VII, prohibits employers from discriminating against job seekers and employees on the basis of race, religion, sex, pregnancy, and national origin. Private employers with less than 15 employees are not subject to the Act. However, some states do not set numerical limits. California, for example, prohibits racial or sexual discrimination no matter how few workers the company employs.  Before an employee may file a employment discrimination lawsuit in court, he or she must first present the charge to the Equal Employment Opportunity Commission (EEOC). If the employee fails to file an EEOC charge within the required time period, any federal claim under Title VII will not be allowed. Also, if an employer is a public entity such as a government agency, municipality, hospital district or public school district, an employee with a claim under Title VII must first file administrative complaints or requests for review before going to the courthouse.


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