Sex Discrimination and Equal Pay

California has some of the strongest pay equity and sex discrimination laws in the country. If you are being paid less than coworkers doing similar work, or treated differently because of your sex or gender, an equal pay lawyer can help you recover what you are owed.

Smith Trial Group represents employees throughout Southern California in sex, gender, and pay discrimination cases. Consultations are free and confidential, and we work on contingency.

On this page: Sex and gender discrimination · The Equal Pay Act · Pay transparency · Remedies · FAQ

Sex and Gender Discrimination

The California Fair Employment and Housing Act prohibits employers with five or more employees from discriminating based on sex, gender, gender identity, gender expression, sexual orientation, and pregnancy. That includes hiring, pay, promotions, assignments, discipline, and termination, as well as sexual harassment.

The California Equal Pay Act

California’s Equal Pay Act requires employers to pay employees equally for substantially similar work, measured by skill, effort, and responsibility under similar working conditions. It covers pay differences based on sex, race, and ethnicity, and the jobs do not need identical titles.

An employer can justify a pay difference only by showing it is based entirely on a seniority system, a merit system, a system measuring quantity or quality of production, or a bona fide factor other than sex, race, or ethnicity, such as education or training related to the job. Prior salary alone cannot justify a disparity.

Pay Transparency Rights

• Employers may not ask about your salary history or rely on it in setting pay.
• Employers with 15 or more employees must include a pay scale in job postings.
• Any employee may request the pay scale for their current position.
• Employers cannot prohibit employees from discussing or disclosing their own wages, or retaliate against them for doing so.

Remedies

Equal Pay Act claims can recover the wage difference, interest, an equal additional amount as liquidated damages, and attorney’s fees. Equal pay claims generally must be filed within two years, or three years if the violation was willful. Discrimination claims under FEHA can also recover emotional distress and, in appropriate cases, punitive damages.

Helpful resources: Labor Commissioner: California Equal Pay Act · California Civil Rights Department

Frequently Asked Questions

How do I find out what my coworkers are paid?

California protects your right to discuss wages with coworkers, and you can request the pay scale for your position. A lawyer can also obtain pay records through the legal process.

My male coworker has a different title. Can I still bring an equal pay claim?

Yes. The law looks at whether the work is substantially similar, not whether the job titles match.