How to Prove Wage Disparity

Though illegal in many states, wage disparity remains a pressing issue facing women who work. Don't let your employer get away with paying reduced wages to female employees. Achieving a successful jury verdict in a wage disparity case requires you to prove specific points regarding your employer's conduct.

Instructions

Difficulty: Challenging

1. Prove that your work remains the same as the work men in your department, who hold the same title, perform. For example, a secretary who types cannot claim she deserves the same wages as the attorney who also types his own legal documents.
2. Keep pay stubs showing your wages for this position. Have your lawyer subpoena information from your employer showing the salaries of the men holding the same title as you.
3. Show that you and the men in your department possess the same training and skills. Also show that all of you work under the same conditions.
4. Expect the "seniority system argument" from your employer. According to this argument, the men receiving higher wages are long-standing employees and get compensated for their continued loyalty to the company.
5. Plan a counter attack for the "merit system" argument most employers advance to defend wage disparity. For example, employers usually claim that men receiving higher wages did extra work or a special function.
6. Find out if your state's laws require the "protective class" standard. If so, you must prove you belong to a protected class and perform work similar to work that non-members of the protected class perform. Then prove you did not receive the same wages as the non-members of the class for doing the same kind of work.